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Failed Bank Cases: NDIC Urges Nigerian Judiciary to Implement Practice Direction for Speedy Debt Recovery and Prosecution of Culprits

By Barnabas Esiet.

The Managing Director and Chief Executive (MD/CE) of the Nigeria Deposit Insurance Corporation (NDIC), Bello Hassan, has called on the Appellate Court in Nigeria to consider implementing a Practice Direction for the Court of Appeal on matters related to failed banks.

Hassan made this appeal during a sensitization seminar organized by the NDIC for Honourable Justices of the Court of Appeal in Lagos on Monday.

He emphasized the importance of having a Practice Direction to ensure the quick and effective resolution of appeal matters concerning the recovery of debts owed by failed banks, as well as the prosecution of individuals responsible for the failure of their banks.

Hassan noted that the theme of this year’s seminar, ‘Building Strong Depositor Confidence in Banks and Other Financial Institutions through Adjudication of Disputes,’ highlights the significant responsibility placed on the NDIC as a Deposit Insurer.

He stressed the need for collaboration with key stakeholders such as the judiciary to maintain a safe and sound financial system in Nigeria.

The NDIC boss emphasised that Banking is a unique commercial venture that operates primarily with depositors’ funds rather than the funds of the business owners, pointing out the inherent risks associated with banking and the importance of regulating and supervising banks to protect depositors’ funds as Deposit insurance plays a crucial role in providing depositors with access to their funds in case of a bank failure.

The NDIC’s mandates include Deposit Guarantee, Bank Supervision, Failure Resolution, and Liquidation, with the objective of enhancing confidence in the financial system and ensuring the protection of depositors.

Hassan highlighted the complex legal issues that may arise in resolving banking distress and liquidating failed banks, underscoring the need for a proper understanding of deposit insurance concepts by the judiciary.

He acknowledged the judiciary’s role in interpreting laws and adjudicating on legal matters, emphasizing the importance of collaboration to ensure the effectiveness of the Deposit Insurance System.

The sensitization seminar is part of the NDIC’s efforts to engage the judiciary in achieving its mandate and promoting depositor confidence in the banking system.

The seminar has facilitated discussions on the Failed Banks (Recovery of Debts and Financial Malpractices in Banks) Act 1994 as a key tool for recovering debts owed by failed banks.

The NDIC’s commitment to promoting depositor confidence is evident in the recent increase in deposit insurance coverage levels for various types of banks in Nigeria.

Hassan commended the President and all the Justices of the Court of Appeal for their participation in the seminar, noting the positive impact of such programs in reducing liquidation-related litigations and improving the resolution of failed banks.

The NDIC remains dedicated to collaborating with the judiciary to ensure the stability of the financial system and protect depositors’ interests.

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