15

Aug

2008

Voodoo Banking: The Nigerian Experience (Part One) PDF Print E-mail
By Sean Akinrele
15 August 2008

Seán Akinrele

Recently, one of my banks forced its customers to patronise ATMs by cancelling across-counter withdrawals below a certain amount. Curiously, it also introduced charges (N10, later increased to N50) for each ATM withdrawal at its own terminals in addition to monthly ATM charges and SMS charges. These are in addition to COT charged on Current Accounts, and these are charged on withdrawals from Savings contrary to usual banking norms. The same bank reversed without discussions and by direct debit, interests credited to customers’ savings accounts over 12 months for undisclosed reasons.

I sought online information from Wikipedia and other internet sites on that mainstay of Nigerian Banks: Commission on Turnover (COT) but to no avail. It was not easily found in the list of accepted bank charges. In fact, I only found information on it with respects to Nigerian Banks. Nigeria appears to be the only jurisdiction where a customer pays his bank for the privilege of keeping and trading with his funds rather than receiving interest thereon.

A friend applied for a naira credit card advertised by another bank last year. The advertised interest was 6%. Upon enquiry, bank officials orally said it was per annum; signed documentations were silent on this aspect. Upon drawing on the credit, he discovered that he was being charged 6% flat (i.e., a compounded monthly interest) which translated to over 76% p.a. Insider sources reveal that over 12, 000 defaulters have been recorded by the bank on this service. His every attempt to correct this anomaly was rebuffed by the bank. On one occasion, a female bank manager told him with insufferable arrogance that the terms were irreversible and he should ‘take it or lump it’. My friend has decided to ‘lump it’ by calling the bank’s bluff.

Another client pledged various quoted shares worth several millions as collateral for an overdraft facility for his import business. He subsequently instructed his bank to sell his shares in a particular company to take advantage of a rise in its prices prior to the closure of its register. The proceeds were to be held by the bank as further cash backed collateral for the facility. The proceeds would have actually enabled him to liquidate the facility, with sufficient remaining to repurchase the shares some months later when he anticipated a drop in the shares’ value. Unfortunately, the bank failed to carry out these instructions, having lost the shares. He was not informed of this until after three months.

To add insult to injury, the bank sought to unilaterally roll over the facility and added several new nomenclatures of charges to enable them extract as much from the situation as possible whilst looking for the missing certificates.

These support submissions by Adeyemo Olukoya, a Forensic Accountant that Nigerian Banks practice fraud and shady practices against their public/private customers. Banks charge several dubious and excessive fees on customers. The regulatory authorities apparently condone/connive with our bankers to fleece the banking public. Banks reportedly prepare different audited reports for CBN, NDIC, FIRS and State Revenue Services1. I heard of these cooked books over 15 years ago. How come the regulatory agencies have been unable to put a stop to these alleged malpractices till date? According to a report:

The audited financials sent to the CBN is usually profit-inflated since it is that same audited accounts that would be published showing bogus profits in order to make their shares attractive at the capital market after compromised approval has been given by the CBN. For the same period, the audited accounts that would be forwarded to NDIC would have a depleted deposit base in order for the banks to pay as little as an infinitesimal fraction of one percent insurance premium to NDIC. For the same accounting period too, the audited accounts that would be forwarded to the FIRS would have a reduced profit so that these banks would not pay any corporate tax to the coffers of the Federal Government of Nigeria while at the same time concealing Withholding Tax and VAT deductions, thereby defrauding the Federal Government of revenues due it. Lastly … financials going out to States IRS would contain drastically reduced salaries and wages to prevent paying appropriate Pay-As-You-Earn (PAYE) and Withholding Tax to the various state governments. So there is a whole gamut of conspiracy going on in the banking sector which we had set out to establish and expose accordingly.2

The notorious practice of ‘deposit chasing’ by these banks is another area of concern. It has exposed their marketing officers (male and female) to compromising situations all in an effort to meet unreasonable deposit targets imposed on them. Recently, a young lady was in my office to encourage me to revive my account with her bank. I had let it go dormant because of their poor services. She introduced herself as my new account officer. After listening to her, I asked her if it was her habit to go to offices unaccompanied. She smiled and replied in the affirmative. ‘Assuming, I make a pass at you now and lock my office door to ensure I have my ‘way’ nko?’ I asked. She looked quite alarmed and I quickly assured I was kidding. I however drove home the folly of seeking deposits so naively and advised she team up with a colleague for these trips. Thankfully, she took to my advice as I often saw her with a female colleague around Ikeja thereafter.

My discussions with banker colleagues showed that the banks’ are aware of what some of these girls do or go through to secure deposits. They just couldn’t care less. Some reportedly even organise ‘prayers’ for successful deposit drives by their staff: how curious?

I often wonder, as I hear news of Nigerian banks opening branches in the West, how these over-bloated banks operate in such societies. Many of these shady dealings go on with the active connivance of Central Bank officials who often turn a ‘blind eye’ on their illegal deals for clearly pecuniary considerations. According to recent reports,

The governor of the CBN, Professor Chukwuma Soludo who was taken aback owing to some of the revelations indicting the banks, said that henceforth, the apex bank would “come down heavily on any bank or officials that refuse to play the banking game according to the rules.” Soludo said that the apex bank in accordance with the laws establishing it may go as far as dissolving the board, suspending the management staff, or other staffers involved in scams, it would also impose fines as sanctions or even withdraw the operating license of defaulting outfits, depending on the offence(s).3

However, CBN has parroted such threats before. It has become like the bark of a toothless Bulldog. Bank officials often dare angry customers to report to CBN. They know CBN would at best only refer complaints to the Bankers’ Committee; which is composed of senior officials of the same banks in breach of a cardinal principle of natural justice: nemo judex in causa sua (no man shall be a judge in his own cause).

Nigerian Banks have with the consent of the CBN and other regulatory authorities perfected a situation for their customers where heads or tails, the customer loses and the banks smile to their over-bloated vaults.

For many customers in dealings with their banks: the more you look, the less you see.

Seán Akinrele is a Solicitor and Advocate of the Supreme Court of Nigeria; http://www.akinrelegroup.com

 

1 Op ct: Adeyemo Olukoya,  Nigerian Banks Of Fraud, by Seun Adesida (The Sun); http://www.huhuonline.com/news188.htm

2Op ct: Adeyemo Olukoya, Nigerian Banks Of Fraud, by Seun Adesida (The Sun);  Reported at http://www.huhuonline.com/news188.htm

3Sanctioning Fraudulent Banks, The Source Magazine, 11th August 2008;  http://www.thesourceng.com/fraudulentbankaugust11.htm



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RobotRobot is offline

 # 1 | 15.08.2008 21:01

Recently, one of my banks forced its customers to patronise ATMs by
cancelling across-counter wi...Read the full article.

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aguabataaguabata is offline

 # 2 | 16.08.2008 04:29

the banking sector revolution is a good thing, let us for once try and objectively beat into shape all its flaws and outright predatory tendencies. I,ll like to point out that banks even in more developed countries still try to glean off money from customers through small lettered terms and conditions. Customers on the other hand take these banks to court and try to seek compensation or justice. I'm sure that in the case of the 6% credit card interest rate the customer didnt read the terms of agreement and rather accepted the oral explaination of a non chalant or inept staff. customers should start taking banks to court and customer advice agencies could spring up, when banks realise we are aware of their antics you will see banks competing to give us better terms and conditions.
BTW if two zeros were knocked off in our currency an ATM that dispenses 500,000 naira daily will be doing 5000 naira, reducing breakdown, power costs , size/model of ATMs. time of transaction etc....

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10Kobo10Kobo is offline

 # 3 | 16.08.2008 13:52

Sean,
Thanks for bringing these to light, as someone who has worked in the banking industry, moreso, in the I.T Department, l am privy to all the "financial Magic" the the Management staff impose and compel other staff to perform.

A few times, the CBN official is "properly" taken care-of :D and dont be alarmed that some banks have up to three (3) different Servers, running same banking software but different "padded data" depending on which "nosy or uncorperative" regulator is checking the books!

Its like the Police, teaming-up with armed Robbers, can there ever be justice for the victim?
Same shenanigans operate in the Stock business where Brokers have become savage crooks, preying on struggling, small time investors. Until we decide to have a "moral turn-around" in this country of ours, things dont look too bright.


=Sean>‘Assuming, I make a pass at you now and lock my office door to ensure I have my ‘way’ nko?’ I asked. She looked quite alarmed and I quickly assured I was kidding. I however drove home the folly of seeking deposits so naively and advised she team up with a colleague for these trips. Thankfully, she took to my advice as I often saw her with a female colleague around Ikeja thereafter.



My brother, please dont attempt this kind of "stunt" again, even with witnesses and your intention well stated a-priori! The Lady can turn around and sue you for "attempted rape", all she had to say was she believed you meant it, not to talk of the emotional distress, the alarm you saw, caused her :D It would be your word against hers and in this circumstance, that "your way" can only lead to j**l, of course, na Nigeria we dey sha.

=Aguabata>Customers on the other hand take these banks to court and try to seek compensation or justice. I'm sure that in the case of the 6% credit card interest rate the customer didnt read the terms of agreement and rather accepted the oral explaination of a nonchalant or inept staff. customers should start taking banks to court


Aguabata, your position is laudable but if its that kind of "Nigerian Court" where the Judge and the Solicitor for the accused bank "hobnob on the phone" and "disallow crucial evidence" that would nail the case, then the only looser is still the customer. :mad: Our Judges need to realize that their position is akin to that of playing god, a matter of life and death and these observations, not the "Ghana-must-go", should be a prick on their conscience.
Lets keep working at it.
10Kobo

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Ph3yPh3y is offline

 # 4 | 16.08.2008 16:25

@ aguabata,
"BTW if two zeros were knocked off in our currency an ATM that dispenses 500,000 naira daily will be doing 5000 naira, reducing breakdown, power costs , size/model of ATMs. time of transaction etc...."

Sori but i don't agree with your point cos the ATM will still disburse the same number of naira notes......Only the value reduces

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FoxCatcherFoxCatcher is offline

 # 5 | 16.08.2008 17:11


I'm sure that in the case of the 6% credit card interest rate the customer didnt read the terms of agreement and rather accepted the oral explaination of a non chalant or inept staff. customers should start taking banks to court and customer advice agencies could spring up, when banks realise we are aware of their antics you will see banks competing to give us better terms and conditions.



@Aguabata

The customer in this case was a banker of over ten years himself. His beef was that if he (a banker) could not see any 'fine print', how would a 'layman' cope? 2ndly, I read a sample of their application form; it was silent on interest regimen.

On litigation, it can take over two years to prosecute a simple civil case; and if the defence lawyers utilise delay tactics, that can become four. Even if possible in a short while how many customers will go to court over deductions of N3,000, or even N300, 000? Like a client once told me, its throwing good money after bad.


My brother, please dont attempt this kind of "stunt" again, even with witnesses and your intention well stated a-priori! The Lady can turn around and sue you for "attempted rape", all she had to say was she believed you meant it, not to talk of the emotional distress, the alarm you saw, caused her It would be your word against hers and in this circumstance, that "your way" can only lead to j**l, of course, na Nigeria we dey sha.



@ 10kobo

Thanks. I followed a gut instinct that she was a 'good girl'. Thank God I was right:D:D

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emjemj is offline

 # 6 | 16.08.2008 20:50

Yes you can get a Forensic Accountant like some choose to call them to Audit your banking transactions, and you can also get a Smart lawyer to serve the bank...meaning you have the right and can sue the bank....most prefer to negotiate with you than go the whole 9yds.....unfortunately most Nigerians and customers are not that bold.
Five naira here, 15 naira there as bank charges adds up fast....people shld dilligently check their statements and every transaction line by line...some of my friends some years back engaged the services of a Forensic Accountant, and u just can't believe how much was recovered...:cool:

The way and manner Banking is done in Nigeria inspite of all the Consolidation noise is laughable...and all the tricks deployed by Bankers to meet set goals is just so outta dis world.....just so weird and nutty:cool:

Do the Banks in Nigeria care about their customers? The answer is NO.

As per expecting interest to be paid to you on your savings account...it all depends on the type of savings account and the advertised interest rate.....you cannot do anything about that(u either accept it or look for a bank that is offering better int rate, or is ready to give u a better rate)....for there are various tiers of int rates, and it also depends on the type of savings account....there are some High Interest accounts and some low ones(it also depends on the FI)...same applies to most countries abroad...that is not just a Nigerian tingy.

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JagunlabiJagunlabi is offline

 # 7 | 18.08.2008 06:10

Thank u Sean,

What we practice in Nigeria is "gbiti Incorporated" and as rightly pointed out it is done in active connivance with the regulatory body, the CBN. In better systems, you have regulating authority that are well separate from the body they are supervising, so that there is no conflict of interest.

Yes, there are hidden charges even with banks in the developed economy, but because these banks know that the customer can make a case against them, they are not so brazen compared with the banks in Nigeria. A recent case is where some banks were found to have charged their customers more for their overdraft facility than necessary. These banks have been made to pay the charges back to the customer to the last cent/pence, though the case is in the courts now, at least it shows a system, where there is a drawback to customer's right and how this is adequately protected.

I hope the banking industry in Nigeria would take it's cues from some of these better practice. Infact i think it should go beyond declaring billions of naira in profit( i think i read somewhere that Zenith, declared billions in either profit or turnover) and engage in activist banking. Some of these profit, should be turn into good causes, philanthropy, in which there is no monetary return, but benefit as a social responsibility(Corporate Social Responsibility, CSR)

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FoxCatcherFoxCatcher is offline

 # 8 | 19.08.2008 09:22


=Jagunlabi;4295084840>Thank u Sean,

What we practice in Nigeria is "gbiti Incorporated" and as rightly pointed out it is done in active connivance with the regulatory body, the CBN. In better systems, you have regulating authority that are well separate from the body they are supervising, so that there is no conflict of interest.

Yes, there are hidden charges even with banks in the developed economy, but because these banks know that the customer can make a case against them, they are not so brazen compared with the banks in Nigeria. A recent case is where some banks were found to have charged their customers more for their overdraft facility than necessary. These banks have been made to pay the charges back to the customer to the last cent/pence, though the case is in the courts now, at least it shows a system, where there is a drawback to customer's right and how this is adequately protected.

I hope the banking industry in Nigeria would take it's cues from some of these better practice. Infact i think it should go beyond declaring billions of naira in profit( i think i read somewhere that Zenith, declared billions in either profit or turnover) and engage in activist banking. Some of these profit, should be turn into good causes, philanthropy, in which there is no monetary return, but benefit as a social responsibility(Corporate Social Responsibility, CSR)




I think you meant 'gibiti Incorporated'.

A riled bank customer once wrote:


When was the last time you used an ATM card to withdraw money from any of these bloated mega banks in Nigeria? If you are the lucky few, whose ATM card has not been detained by these machines, I envy you. Most of us have found ourselves at the receiving end of the rush by Nigerian banks to become IT compliant and “the leading bank in Africa”, without first putting the supporting structures in place. Network failure as an excuse for inefficiency, is as worn out as a cracked CD.

From arrested ATM cards to deductions for money not belched out, we “ordinary customers” are left at the mercy of a cheerless bank staff, who carelessly ask us to refer the ATM hitch at Wuse market their head office in Lagos to report.

If you think this arrest of ATM cards is the only ill bedeviling these forced marriages by Soludo, take time and observe the attitude of the bank staff to customers. The way most of these caged staff respond to the depositor, you wonder whose money pays whose salary. This devil may care attitude, is a sharp contrast to the connoted sexual appeal of their marketing staff when they come soliciting for accounts. The ladies they dump at this department from their build are obviously employed because of the size of their mammary gland, sex appeal and not the content of their skull. I had the misfortune to run into one at Diamond Bank, Central Area Abuja. After parroting what was obviously a rehearsed response, this lady folded up, ignored my complaint.
What is my grievance?

I went to Park ‘N’ Shop to buy a computer, but the Indian at the desk, speaking as though he has pebbles in his mouth, introduced me to Acer/Park ‘n’ Shop/Diamond Bank laptop promo. I expressed my fears about banks, but Mr. Ranji (generic name for Indians), assured me there is enough stock to supply the request of Diamond Bank.

I executed a lease agreement with Diamond Bank, signed by one Mr. Jonas Chukuijioke and Miss Vivian Egboluche. Its over two months I entered this agreement and in tune with the agreement, Diamond Bank has deducted two months installments from my account without giving me the said Acer laptop. The staff at their retail banking department in Lion Building Branch Abuja, having met their target care less about the inconvenience their ineptitude have caused their customers and most injuriously me. Why run a promo you can not deliver as at when due? At my third missionary journey to collect the laptop, after one Mr. Lekan made sure the previous two were abortive, one lady told me to take my complaint to Lagos, as that’s where their retail manager is. I need not be a lawyer to know that the agreement was undertaken and signed in Lion Building, Plot 792 Mohammad Buhari Way Abuja. Or must I be a Bill Gate to know what e-banking entails. But being fraudulently minded, most bank hide under their CAC registered address to frustrate customers. Am I sad? Yes. Surprised? No. After all Diamond Bank’s signature tune sounds “ole ole ole, when you re-listen to it after my harrowing experience.

In all honesty, it’s not only Diamond Bank that is involved in this fraud. Almost all the 25 Mega banks and corporate Nigeria are as guilty as hell. It took over a year for Oceanic Bank to issue share certificate to subscribers, despite their bank winning a bogus Nigerian Bank of the year award. A visit to any of their banking halls will show the callous attitude of their staff to customers. What is wrong in the banking industry? Do their human resource/personnel departments ever do psychological profiling of these staff to find out if they are fit to work under pressure and cheerfully attend to “reasonable” customers? Or does all one need to get employed and retain same; is ownership of an Uncle with a healthy account? This constant drive to meet target has turned the banking industry into an auto machine that cares less for her costumers. I know the staff are also under bondage.
Akin to this, is the Dangote group.

After mopping up people’s money for their CEO to make it to Forbe Magazine’s richest man in the world list, the Dangote group is arbitrarily allotting shares to subscribers and returning their money without an apology or explanation. A friend of mine, bought/subscribed and fully paid for Dangote flour share offer to the tune of 3000 shares. After Donkey months, Dangote allotted to her 750 ordinary shares. First Bank Nigeria PLC after their “Elephant has entered the market” promo had the presence of mind to tell Nigerians that they are over subscribed and hence leverage and a roof was placed. What is Dangote’s ceiling? Assess Bank PLC is also as guilty as drenched fowl, they are yet to issue share certificates.

Another means of corporate fraud is the sell of scratch cards for various programs. The sell of University of Abuja Post Graduate scratch had Unity Bank making extra N600:00 (six hundred Naira) per card. The bank hiding that it is service/handling charge, rip off unsuspecting Nigerians.
When other less fortunate Banks had their licenses revoked as a result of weak base, occasioned by heavy borrowing by some states and their governors, not excluding some head of governmental agencies, we thought that the soludonization of the bank will result in better dividend for the depositor. But these mega banks are shylocks to boot. The miserable rate they charge on soft loan made many long serving civil servants to lose their houses after paying the first 10%. Years after these merger, services of these banks have not improved, their social responsibility is poor, they would rather sponsor a celebrity dance competition, instead of talent hunt. Why over popularise a popular actor, when there are millions of depositors, awaiting a break of N500,000:00 (Five Hundred Naira) to stream into limelight. Some go to the extra mile of sponsoring English Premier League, while Nigerian Football League crave for sponsorship and undiscovered talents pine away. I hope non in corporate Nigeria, is blaming the Nigerian Super Chicken over their performance in Ghana.

Do these corporations ever carry out social impact assessment of their programes/promo? The failure to do a feasibility study beyond the financial gain and loss, has led to many companies carrying out self-imposed social corporate responsibility without finding out what the host community needs.

- DIAMOND BANK ACER FRAUD! Ma...


I think it says it all...

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BlackzingerBlackzinger is offline

 # 9 | 19.08.2008 10:51


=aguabata;4295084143>BTW if two zeros were knocked off in our currency an ATM that dispenses 500,000 naira daily will be doing 5000 naira, reducing breakdown, power costs , size/model of ATMs. time of transaction etc....



Nice thought, but sorry, just not true. Two zeros knocked off, would have meant that new notes would be printed with the new denominations. A N1,000 note would therefore become a N10 note etc. So the same number of notes would still be dispensed. N500,000 of the old would be 500 N1,000 notes and N5,000 of the new would be 500 N10 notes. One kilo of feathers weighs exactly the same as one kilo of lead.
No reduction in breakdown, power costs , size/model of ATMs. time of transaction etc....

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RAYNOSARAYNOSA is offline

 # 10 | 19.08.2008 14:51

Banks beg Nigerians.......for understanding

Nigerian banks have sent a passionate appeal to Nigerians and the banking public to show understanding in the face of various challenges they face daily in their various transactions with the banks.

Mr. Eddy Ademosu, president of the Association of Corporate Affairs Managers of Banks (ACAMBS), made the plea during a press briefing in Lagos, themed: Let Us Sustain the Banking Reforms, against the backdrop of various allegations of inadequacies levelled against them by customers.

According to Ademosu, “the reason for this briefing is because we have had series of allegations and the Nigerian press has not really shown any understanding. If today we can have our colleagues running a banner heading like this : ‘Banks of Fraud’, I think there is a missing point.”

He said, “Some people have unauthorised deposits in their accounts and when this happens, it’s only an honest Nigerian that would report such incidence for correction. Both unauthorised deductions and deposits are all part of systemic errors that can affect any ICT system, since ICT is still evolving in Nigeria, Nigerians should show understanding.

“So, lets understand that these are system errors and we should not crucify ourselves for such things. Rather, all parties should dialogue with a view to finding a solution to the problem. The banks operate within the larger Nigerian society. The society has its problems. The banking industry is a microcosm of the society. The banking industry is facing the same challenges the larger society is facing,” said Ademosu.

Reacting on some of the issues raised media reports, he said, “When a customer obtains a credit from a bank, it becomes an issue, but when the customer was seeking credit, it was not an issue. Banks are entities and they are business concerns, they are set up primarily as business concerns. As such, they must operate as a profitable business unit, the business of banking is predicated on trust, that is when you look at it from all perspectives, credit, deposits and fraud, and all banks value their relationship with their customers.”

For customers of the banks he advised that when a customers’ account is wrongly charged the customer must seek refund from the bank.

On efforts to address the issues within the industry, he disclosed “We are going to meet with various stakeholders in the economy, with the view to presenting the challenges and problems facing the industry itself, except if stakeholders accept the fact that banks too have problems then we will continue to attack ourselves wrongly, what we are calling for from all stakeholders is caution.”

Ademosu continued: “Today’s banking is driven by Information Communication Technology (ICT). I want to say, it is not 100 per cent error free, ATMs like any machine could develop fault. The common cases are customers account reflecting withdrawals not authorised by the owner of the ATM card. But the banks have procedures for correcting such problem. So, customers should approach their banks to effect corrections. ATMs dispense slip for every transaction and that slip becomes the evidence to prove and get the issues around cashless withdrawals and unauthorised withdraw problems resolved.
 

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