15

Feb

2009

The Case Against Dr. Ndi Okereke Onyiuke PDF Print E-mail
By Danny Elombah

Daniel Elombah


One would have expected that Dr Ndi Onyiuke Okereke, the Director-General of the Nigerian Stock Exchange would use the opportunity of her appearance before the Senate Committee on Banking and Insurance, Capital Market and Finance, to defend herself and the organisation she heads of the grave allegation, that they in collaboration with the Banks, have perpetrated a massive fraud against Nigerian investors.

The Securities and Exchange Commission (SEC) had made a startling revelation that it knew of stupefying insider dealings perpetrated by banks in collaboration with the Nigerian Stock Exchange (NSE), which eventually plunged share prices into the current unprecedented crash.

Dr Ndi Onyiuke Okereke indeed confirmed that Nigeria has, so far lost a whopping N812 billion. Others say the loss would be over N7 trillion.

According to the Economic Confidential, the country’s Stock Market Value of equities has dipped by N2.2 trillion in January alone. Analysts say the loss of 14 per cent of the market value in January was unprecedented and monumental.

In spite of this, governor of the Central Bank of Nigeria (CBN) has re-assured Nigerians that the global financial crisis would not affect the Nigerian banking sector, because as he puts it, "the sector has remained robust."

Please, how can a sector that totters at the brink of disaster be termed as robust? A market rated as the worst performing in the world.

The fact is; all the major economic indices show clear signals of looming danger in the financial sector. According to the Economic Confidential, out of our 24 banks, 16 are considered weak, six manageable and two strong enough for the economy. I wonder what CBN’s definition of robust is.

And now, accusing fingers are pointing at the Nigerian Stock Exchange from no less credible source than the Security and Exchange Commission, as the major culprits for the crisis.

You would therefore imagine that Dr Ndi Okereke would use the opportunity of her appearance before the Senate Committee, to defend herself and the organisation she heads of the grave allegation, that they in collaboration with the Banks, have committed a grievous crime against Nigerians.

Instead, Ndi Okereke, like Pontius Pilate washed her hands off any culpability for the disaster and instead attributed it to the global crisis; at the start of which, she said, most foreign investors from the west, who have invested in Nigeria immediately rushed in to shore up their capital from the nation’s capital market:

"During this time many of them came in and withdrew their share capital even at lower prices. For instance, in 2007, a total of N256 billion worth of share capital were repatriated by the foreigners and the same thing happened in 2008, where a total of N556 billion worth of share capital were also repatriated."

Bollocks!

According to a Financial Times report of June 23, 2008, some investors were even prior to the crash “troubled by high valuations, dubious corporate governance, rampant speculation, and suspicions of market manipulation”.

So even without the global downturn; the over-inflated Nigerian stock was subjected to widespread abuse and insider trading of unimaginable magnitude and was headed for disaster.

What happened therefore was a natural consequance of the malfeasance of the Banks and their regulators. They neglected to take the lesson of 1929.

The experience of Lagos in 2008 mirrored New York of 2009. Just as the late 1920’s in the US was a time of prosperity and excess, and despite warnings against speculation, many believed that the NYSE could sustain high price levels. What followed was a speculative boom that led hundreds of thousands of Americans to invest heavily in the stock market, a significant number even borrowing money to buy more stock.

But the euphoria and financial gains of the great bull market were shattered when share prices on the NYSE fell at an unprecedented rate and collapsed.

In the same way, the period of 2002 – 2008 was a period of boom for the Nigerian economy.  The Nigeria‘s foreign reserves rose to $57.2bn at the end of December 2008. Crude oil prices hit a peak of $147 per barrel in July 2008.

The Nigeria Stock Market opened January last year at N10.18 trillion market capitalisation and then peaked at N12.6 trillion on March. This showed a gain of over N6 trillion and a growth rate of 74.7 per cent in 2007.

There was a mad rush to invest in stocks. Trust Nigeria’s follow follow mentality.

Nigerian banks exploited the mad rush and transformed themselves into issuing houses, brokers and bankers all in one (all the Nigerian banks formed issuing houses). They took turns to organize this merry go round to extort more money from the unsuspecting public. Not once, nor twice but as fast as they could organize the next sale. Multiple issues were held over a short period of time.

In a period of three years, Zenith “voodoo” Bank organised three sales bonanza; first in 2005, then in 2006 and again in 2007. They were raking in money from the unsuspecting public each time, until their shares peaked at 35 naira.

In 1929, New York brokers were routinely lending small investors more than 2/3 of the face value of the stocks they were buying. The rising share prices encouraged more people to borrow and invest; people hoped the share prices would rise further.

The price rose above the capacity of ordinary people to buy shares and the brokers simply lent more. The Speculation thus fueled further rises and created an economic bubble. On October 24, 1929, the market finally turned down, and panic selling started.

For the New York broker of 1929, substitute Nigerian banks.

They would simply issue new shares and lend money to their customers to invest in those same banks shares. Moreover, the Bank would simply use depositors’ money to invest in those shares, thereby creating artificial robustness in the market.

Banks (almost all of them) lent millions to their staff and coerced them – sometimes against their wish -to invest in the Banks own shares.

One of the banks gave loans to their staff ranging from 10 million to 500,000 Naira. The staffs were happy at the upfront loan until they learnt it will be in the same banks stock. Each month a certain percentage was deducted from their salary to pay off the loan. What fraud!

One of the senior managers took the bank to court when he retired because his bank insisted that the payout he would have earned would be used to defray his loan!

The junior staff could not afford to be so audacious. Threatened with a sack, all were intimidated to take the loan and during the famous mega merger, the bonus they would have earned was used to defray the loan. Today, the shares are worth next to nothing!

The regulators that would have protected these poor staffers became participus criminus.

When challenged, the Central Bank governor famously said they have no right to tell Banks how to invest their money. In order words: ‘why worry, share in the fun’!

But in March 2008, a rumour that the central bank and the securities regulator had ordered banks to stop making loans to stockbrokers for margin trading led to a 15 per cent fall in three months – indicating how fragile the market’s foundations were. Investors were shaken, stock prices sank, and liquidity from margin lending evaporated.

Instead of seizing that opportunity, Soludo confirmed that no formal order was given and it was back to business as usual

Part of the causes for the present crisis is that a lot of Nigeria brokers are stuck with the loans and the banks are stuck with liquidity problems while certain chief executives of some banks became richer than their banks.

Some of the Chief Executive Officers engaged in a spending spree on non-profitable investments like acquisition of private jets, mansions and yacht for recreation purposes. A fraudster’s lifestyle!

Thus, even without the global downturn, even without the alleged repatriation of foreign funds, our stock market was inflated, artificial; the correction would have been as shocking and painful. The artificial boom led to bust.

Who is to blame for the present crisis?

The banks are private companies; they believed that that their responsibility is to their depositors, creditors, staff and shareholders. While it is good practice to act for the good of the sector and the society at large, but frankly, it is the job of the regulator to ensure they did; in this instance, the Central Bank, The Security and Exchange Commission, but especially as far as illegitimate dealing in stock is concerned, The Nigerian Stock Exchange- and the buck stops at the table of Dr Ndi Onyiuke Okereke.

Why did Dr Ndi Okereke ignore all the warning signals? Why did she fail to nip the looming disaster in the bud? Why did she shirk her responsibilities?

There are three theories for this:

  1. Fraudsters thrive on the inability of people either to spot what is going on, or a lack of the wherewithal to do something about it.
  2. When those who are supposed to regulate get distracted or worse, get corrupted, it create conditions that favor those who are deliberately dishonest.
  3. When regulation is imposed upon companies by governments or regulators who have little or no direct knowledge of the area they are trying to regulate, it sometimes end up encouraging behaviours that are not appropriate.

SEC has let it be known that they spotted what was going on and warned NSE accordingly, so the first theory would not apply.

Those that knew Dr Ndi Onyiuke Okereke testifies she is professional who knew her job, so we are inclined to discountenance the third option.

That leaves us with the second option which is; either Dr Okereke was distracted, or she was corrupted.

Dr Ndi Onyiuke is a not a stranger to controversy. A woman whose house was burning was more interested in making money out of Obama. Her ‘Africa for Obama’ organised a dinner/concert in Lagos on Monday August 11, purportedly for Obama’s’ campaign.  They reportedly raised about N100m. Obama had to disown them saying: “Obama for America and the Democratic National Committee will not accept any funds raised at this event or through the fundraising activities of this group”.

When confronted Ndi Okereke declared:  “I want to make it clear that I am a Nigerian and I have the right to do anything I want with my time and my money.”

If Dr Ndi Okereke was distracted, was she also corrupted?

If as she claimed; she lived in America for 14 years and holds a green card, She is obviously aware that the US political candidates cannot legally accept donations from individuals who are neither US citizens nor permanent US residents. What was her motive in organising the dinner/concert?

Prof. Ndi Okereke-Onyiuke, was arrested, quizzed and released by the Economic and Financial Crimes Commission (EFCC) over the N100 million.

Many Nigerians - reminded of her acts of indiscretion including her potentially conflicting roles as the NSE D-G and the chairperson of Transcorp; her fundraising, under the umbrella of ‘Corporate Nigeria’, for the re-election of former President Olusegun Obasanjo during the 2003 elections; her being a staunch supporter of Obasanjo in his bid to run for a third term - and  for the sake of sanitizing our polity, called for the EFCC not to stop with the Obama scam, but should clear the Augean stable, by prosecuting Professor Ndi Okereke-Onyiuke and her cohorts for corrupting the Nigerian Electoral System.

In saner climes, these series of misadventures are more than enough for any self-respecting person to step aside from any important post, whether public or private, and if such a person fails to follow the path of honour by quitting, should be given the boot.

Mr. Festus Odimegwu, who was Okereke-Onyiuke’s co-traveller on the train of indiscretion - was cleverly eased out of his post at the Nigerian Breweries.

But whereas Odimegwu worked for a private company, Onyiuke worked for a public company, owned by the whole Nigerians. Thus like the proverbial he-goat owned by the whole Village, Nigerians must be starved to death!

The unfortunate outcome is that, for all this sordid deeds; Professor Okereke-Onyiuke and cohorts were rewarded with---Transcorp, NITEL, Oil Blocs, Hilton Hotel Abuja, Customs Duty Waivers, National Honours, Professorship, among others.

Continuing her testimony before the Senate Committee, Dr. Okereke Onyiuke tried to allay expressed fears that the capital market is in trouble: "Nigerians should be patient; people should not panic because things would soon fall in line again. The share prices would soon bounce back, because the fundamentals of the economy are still very strong."

Tell that to the marines! We all know what happened to the guy that said that ‘the fundamentals of our economy are strong’ during the US Presidential elections. Unfortunately, unlike his American counterpart, the Nigerian electorate have no one to hold accountable.

The issues are: Sometime last year, SEC raised alarm over perceived insider dealings in the NSE but was promptly intimidated into silence and apathy. Who prevented the NSE from being investigated after this warning and why did the governor of the Central Bank despite warnings allow the Banks to get away with this ‘Ponzi scheme’?

Insider dealing is a crime.

One of the ways to look at the issue is, to borrow the words of Richjard Alderman, the Director of the UK Serious Fraud Office; ‘look at the victim’; considering the rip off from the point of view of the victim and thinking about how to bring justice to the victim.

Such victims include my good friend, Emenike, whose investments were almost totally wiped out. He left for America on scholarship and invested all his savings in the stock market, hoping to reap the rewards when he comes back. He came back to Nigeria late last year only to see his investments gone.

What about another colleague, Emma. He has lived in the UK for the past 25 years. With the signs of economic recovery experienced in the past 6 years, he started investing in Nigerian Stock hoping to leave finally for Nigeria this year. His dream has been shattered.

These individuals are crying out for justice. Unfortunately, they are not getting it from their elected representatives.

In other countries, the managers of their economy are grovelling and apologising to the Representatives of the people for their poor handling of the public assets. What happened at the aforementioned Senate hearing was a farce.

In a similar enquiry in the UK Parliament, it emerged that the deputy chairman of the Financial Services Authority and adviser to the Treasury, Sir James Cosby personally fired a whistle blower, Paul Moore, the former head of risks at the Halifax Bank of Scotland, when Sir Cosby was the Chief Executive of HBOS. Paul Moore had warned that the bank was growing too fast. Sir James Cosby resigned last week.

Our own whistle blower had emerged in the person of the SEC. Instead of holding the feet of these criminals at the NSE to the fire, what passed for a senate hearing ended with a weak admonition from the Senators to the NSE to investigate and report back to them the whereabouts of the depositor’s monies in the failed banks, because a lot of people who lost their money in those banks are daily being harassed by their creditors?

As pointed out by the Leadership: It is worrying that no one is standing trial over the heinous financial crimes that have foisted untold hardship on innocent investors. Some bankers and indeed the top echelons of the NSE should be tried for insider dealings. The cleansing of the capital market must start with NSE.

afamefuna@elombah.com

Publisher: www.elombah.com



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RobotRobot is offline

 # 1 | 16.02.2009 01:11

Daniel Elombah One would have expected that Dr Ndi Onyiuke Okereke, the Director-General of the Nigerian Stock Exchange would use the opportunity of her appearance before the Senate Committee on Banking and Insurance, Capital Market and Finance, to defend herself and the organisation she heads of the grave allegation, that they in collaboration with the Banks, have perpetrated a massive fraud against Nigerian investors. The Securities and Exchange Commission (SEC) had made a startling revelation that it knew of stupefying insider dealings perpetrated by banks in collaboration with the Nigerian Stock Exchange (NSE), which eventually plunged share prices into the current unprecedented crash. Dr Ndi Onyiuke Okereke indeed confirmed that Nigeria has, so far lost a whopping N812 billion. Others say the loss would be over N7 trillion. According to the Economic Confidential, the country’s Stock Market Value of equities ha...Read the full article.

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AgidimolajaAgidimolaja is offline

 # 2 | 16.02.2009 02:55

That shameless fat Mama? can the House pls relieve us of her sight?
The earlier the better!

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ttonjottonjo is offline

 # 3 | 16.02.2009 04:09


=Agidimolaja;325899>That shameless fat Mama? can the House pls relieve us of her sight?
The earlier the better!




In spite of this, governor of the Central Bank of Nigeria (CBN) has re-assured Nigerians that the global financial crisis would not affect the Nigerian banking sector, because as he puts it, "the sector has remained robust."




What did you expect from the people who hasn't got the true interests of Nigeria at heart?
It is shame that we should allow these economic saboteurs to be in control of our commonwealth.
Only time will tell.

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ttonjottonjo is offline

 # 4 | 16.02.2009 05:09


=Agidimolaja;325899>That shameless fat Mama? can the House pls relieve us of her sight?
The earlier the better!



In a decent society, the 'shameless fat Mama' should be in jail by now.
But hey, this is Nigeria, where anything goes. A country where 419ners, FAKE drug merchants, deceitful politicians etc., controlled the economic prospects of the nation. It is a shame.

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ttonjottonjo is offline

 # 5 | 16.02.2009 05:15


Tough Times: Nigerians Flee To Ghana

...influx doubled after elections
More Nigerians are fleeing to countries like Ghana and Vietnam to escape the harsh economic realities back home, even as some big businesses are gradually folding up and relocating.
The Nigerian paper, LEADERSHIP SUNDAY, learnt that Nigerians now seek refuge in far-flung countries hitherto not considered as lands of "green pasture". Countries like Vietnam, Mozambique, Ethiopia and China are fast replacing the traditionally favorites like the United Kingdom, Libya and the USA. Most of the people leaving are pointing to the lack of electricity and insecurity as the cause of their exodus. Those abroad are also vowing that they won’t return home until conditions become better.
Check by the Nigerian newspaper shows that influx of Nigerians into Ghana doubled after the Presidential election that ushered in a new government there. A Nigerian living in Ghana told correspondents that many of his relatives are pestering him to get them accommodation in Ghana. He said: "I’m amazed at how Nigerians are moving into Ghana these days. You know, in the past it was as if we were stupid leaving here for Ghana, but see what is happening. Each day we see Nigerians trooping in their droves."
The Ghana resident, who spoke anonymously, gave reasons why Ghana is becoming attractive: "the truth is that the society works. In Ghana, there is orderliness, not the chaos you have here. There is constant light and this is important for living. There is also security and respect for human rights. If you ask me it is the turn of Nigerians to run to Ghana like the Ghanaians did in the 80’s.
Many Nigerians are in Ghana today, intermarrying and looking for ways to become citizens. I don’t think they would want to return unless conditions change in Nigeria," he said.
Godwin Ukwu (not real name) told our correspondents that he has finished all arrangements to relocate next month. Ukwu said his friends are "making it" in Cameroon and have asked him to join them there.
He said: "I’m going to Cameroon to sell beer. My friends are there and they are making it big in their various business. In fact, last Christmas, some of them came home and told us that we are suffering here. For instance, transportation is such a huge problem there. In fact their roads are better than the ones in the East. Besides, my business is suffering as there is no light. Customers will come and they can’t drink my beer because it is not chilled. So, I’m losing customers and business is bad."



This is the type of story you get when you put people like the shameless fat Mama, in charge of the nation's economic prospects.

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DanmekaDanmeka is offline

 # 6 | 16.02.2009 05:50

Danny you are spot on, Charles or Chukwuemeka Soludo or Soludo the squadanomicis also has a case. The similarity between Dr Ndi Okereke Onyiuke and Charles Soludo is the way they like to use sweet and deceitful words to cover the problems. The President,the Senate and House of Reps all share the blame on this economic sabotage, questions that were to asked were never asked because 419ners in both houses were busy collecting ridiculous allowances and not caring and passing bills to aliviate the sufferings of Nigerians.Till today nobody knows where our foregin reserves is

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aguabataaguabata is offline

 # 7 | 16.02.2009 13:45

its fun doing the blame game isnt it? I'm not sure Okereke has done any jailable offence so why the insults? Okereke has shown poor and disappointing judgement in other matters, she ought to be sacked. Nigerian companies that are listed in our stock markets are still declaring profits by hook or crook, it is clear that if not for the global downturn the nigerian stock market is highly unlikely to crash anytime soon. Nigerian banks are flooded with oil money stolen by politicians, if crude oil remained high, politicians would have more to steal and our banks would have remained robust, the writer ignored the fact that 5 nigerian banks were in the worlds top 500 this year. As regards to financial management I do not expect any better from the duo considering the corruption the whole economy is swimming in.

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olusijiolusiji is offline

 # 8 | 16.02.2009 15:07

Nigeria must go down and perhaps colapse before the system's decayed structures will be replaced. And maybe only then in agony and regret can solutions be thought out. All the people mentioned and against whom we have one complaint or the other are really not the problem. Put Saint Michael there you will get precisely what we have now.
Iwu we all admit was a traitor to our aspirations as a people in a journey towards democracy. Is he still not there? Obasanjo stole without conscience, has he been questioned even as we fight a war against corruption? Yar Adua cannot hold a meeting for 30 minutes without dozing off, has he resigned? How do you expect Onyuike, the woman who has been playing the market she was employed to manage not to carry out insider abuse and withdraw her illicit profit before the market colapsed. How much was she worth when she applied for that job and how many homes does she now have in Ikoyi and Maitama? Please do not think I am cursing my Country. But is this what a Country means?

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NWANZANWANZA is offline

 # 9 | 16.02.2009 17:56


There are three theories for this:

Fraudsters thrive on the inability of people either to spot what is going on, or a lack of the wherewithal to do something about it.
When those who are supposed to regulate get distracted or worse, get corrupted, it create conditions that favor those who are deliberately dishonest.
When regulation is imposed upon companies by governments or regulators who have little or no direct knowledge of the area they are trying to regulate, it sometimes end up encouraging behaviours that are not appropriate.
SEC has let it be known that they spotted what was going on and warned NSE accordingly, so the first theory would not apply.

Those that knew Dr Ndi Onyiuke Okereke testifies she is professional who knew her job, so we are inclined to discountenance the third option.

That leaves us with the second option which is; either Dr Okereke was distracted, or she was corrupted.



There is no reason why there should be any name calling or ethnic hatred, and there is no basis for the type of language that is outright repulsive.

Everything in life carries a certain amount of risk, and trading in stocks requires a level of intelligence & knowledge. It is not a place for people to plough money that is not vested for the long haul - not conducive for short term gains.

If anyone feels that a fraud was committed, they can pursue it legally in a court of law capable to decipher complicated financial, commercial, and trade documents with all the disclaimers involved.

Folks need to read the fine prints before investing, and in the USA people are losing money in the billions without demanding someone’s head on a platter of gold.

A disclaimer is generally any statement intended to specify or delimit the scope of rights and obligations that may be exercised and enforced by parties in a legally-recognized relationship. In contrast to other terms for legally operative language, the term "disclaimer" usually implies situations that involve some level of uncertainty, waiver, or risk.

A disclaimer may specify mutually-agreed and privately-arranged terms and conditions as part of a contract; or may specify warnings or expectations to the general public (or some other class of persons) in order to fulfill a duty of care owed to prevent unreasonable risk of harm or injury. Some disclaimers are intended to limit exposure to damages after harm or injury has already been suffered.
Additionally, some kinds of disclaimers may represent a voluntary waiver of a right or obligation that may be owed to the disclaimant. The presence of a disclaimer in a legally binding agreement does not necessarily guarantee that justice has been done.

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NWANZANWANZA is offline

 # 10 | 16.02.2009 18:17


=ttonjo;326168>Here we go again! A simple comment about the nefarious activities of some officials at the Nigeria Stock Exchange Commission, has now turned into tribal comments by some die hard hateful element called 'carrygo, alias 419.'
Carrygo??? I'm not surprise by that name at all.

That is the true meaning of your nefarious activities all over the world. That is to 'carrygo' things that did NOT belong to you and run away with it, hence the acronyms 'carrygo.' Please don't carry my things, because I will not let you go scot free.



This is the funniest thing i have heard all year...LOL.

You must be kidding - going by some of your comments in this particular piece that was written by an Igbo guy pointing fingers at Dr Ndi Onyiuke Okereke.

I am Igbo guy that could not, and will not invest in the Nigerian Stock Exchange. The level of risk is way too high in a country that has been classified a "Failed State".

The government has not successfully deployed computers & information technology to fight fraud in the system. One would assume that without a crystal ball in our disposal, Nigeria will be aggressively investing in information databases, datacenters, and data security.

There is enough blame to go around for our follies, and please show some restrain in the language being used to express our frustrations.
 

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