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Revealed: Tinubu may reverse ‘controversial’ sale of Polaris Bank as crisis lingers

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Ahead of Nigeria’s anticipated political transition, with president-elect Bola Tinubu’s inauguration scheduled for 29 May, speculation is mounting over the fate of Polaris Bank Limited, as the incoming helmsman, is said to be gearing up to reverse its ‘controversial sale, WE learnt. Recall that Polaris Bank was nationalised in September 2018 after AMCON bought its debts. It was known as Skye Bank until the takeover.

Skye Bank had been a product of two mergers and six legacy banks. National Bank and Prudent Bank had first merged during the first banking reform in 1998, when banks’ share capital was raised from N200 million to N500 million. In 2005, following the consolidation exercise which raised the capital base to N25 billion, National Bank merged with four other banks: Bond Bank Limited, EIB International Bank Plc and Eko International Bank owned by the Lagos State government, Reliance Bank Limited and Co-operative Bank Plc. to form Skye Bank Plc. Tunde Ayeni, who is said to have had strong interest in the emergent bank, had founded Bond Bank, one of the merging banks in 2000, and by 2010, he had emerged as chairman of Skye Bank board. The initial years of Ayeni at the helm brought good fortunes to the bank, which was largely the banker of the Lagos State government. But things began to go downhill in 2014 when the bank’s profit before tax plunged to N10.5 billion, and its profit after tax dipped to N9.7 billion as against N18.5 billion reported in 2013.

Things were to go from bad to worse. Year 2014 was to be the last year the bank would release its annual report. By June 2015, the bank had made a loss N40 billion and its capital adequacy had plunged to about 10 per cent, far below acceptable standard of 16 per cent for Systemically Important Banks (SIB) of which Skye was one. And by December 2015, it had lost over 55 per cent of its share value (from N3.58 in June 2014 to N1.58 in Dec 2015). Its liquidity ratio had gone down to 8 per cent as opposed to minimum regulatory requirement of 30 per cent. Its’ Loan to Deposit Ratio was at 98 per cent, against recommend ratio of 80 percent. Skye was on a free fall. So bad were the results that it could not file its audited report for 2015. In March 2016, it had sought a 4-week extension to file the report, but it never did. And throughout the year, the market became increasingly distressed. Analyst issued sell recommendations. The implementation of Treasury Single Account (TSA) delivered another heavy nail on the bank’s coffin. The bank had been heavily dependent on public sector funds. It lost estimated N125 billion to TSA. Having seen enough, the CBN, in June 2016, wielded the hammer. It sacked the board and took control of the bank’s management. It subsequently named a new board with Muhammad Ahmad as the new chairman and Adetokunbo Abiru as new group managing director, to take over from Timothy Oguntayo. Abiru, a Tinubu’s loyalist, sources say, was drafted to oversee the bank to protect the president-elect’s interest.

Ayeni, along with Timothy Oguntayo, the bank’s former group managing director (GMD), were subsequently arraigned before Justice Valentine Ashi of the Federal Capital Territory High Court, Apo, by the Economic and Financial Crimes Commission (EFCC), on a four-count charge relating to criminal breach of trust to the tune of N4.6 billion, but the case appeared to have stalled. And on September 21, 2018, the CBN finally took the decision to revoke the license of Skye Bank. It created a bridge bank to take over its assets and liabilities. That bridge bank became Polaris Bank.

Abiru, however, retired from the bank in August 2020 to pursue his senatorial ambition in a bid to replace Bayo Osinowo, the former lawmaker representing Lagos East Senatorial District who died after a brief illness in June 2020. On his exit, Abiru was said to have convinced the president-elect to allow Innocent C. Ike, the then executive director, Technology & Services of the bank, believed to be his loyalist to oversee the operations of the bank with the promise that his interest would be protected. But to the shock of the then management of the bank, Ike, we learnt was in the United Kingdom when he read of his sack, the takeover of the bank and the appointment of Mr. Adekunle Sonola as the new managing director/CEO of the bank.

In October 2022, the CBN sold the bank for a paltry N40 billion under controversial circumstances, after sinking over N1.2 trillion into it. Predictably, it triggered a wave of allegations: lawmakers, trade unions, and other opponents of the deal all cried foul. The apex bank, it was gathered, sold the bank late 2022 for roughly N40 billion to Strategic Capital Investment Limited (SCIL), said to be promoted by Auwal Lawan Abdullahi, a son-in-law of Ibrahim Babangida who holds the Sarkin Sudan Gombe traditional title from the north-eastern state, despite his limited credentials in banking and finance. Mr Abdullahi was described as a commercial farmer in Gombe, but his public profile appeared scanty away from his flamboyant 2017 marriage to Halimat, the second daughter and last child of Mr Babangida, who headed a dreadful military junta that ruled Nigeria from 1985 to 1993. The sale meant that Nigerian taxpayers lost around 97 per cent of state investment in Polaris. As of December 2020, AMCON investment in the bank stood at N848 billion, per company filings, with insiders saying an additional N350 billion was poured in between January 2021 and July 2022.

Instructively, the House of Representatives had before the sale in October 2022, directed the CBN to immediately suspend the sale of the bank. The house had said the suspension should be until the CBN, Nigeria Deposit Insurance Corporation and the Asset Management Corporation of Nigeria conclude all processes for an open, transparent, and competitive bid process. The Reps said it should be in line with best practice and procedure for divestment of this nature. This followed the adoption of a motion of urgent public importance by Henry Nwauba (APGA-Imo). Also, following reports of the proposed sale, renowned lawyer Femi Falana wrote to the apex bank demanding details. The efforts did not, however, stop the sale of the bank. The apex bank in late October 2022 announced SCIL as the preferred bidder for the lender after it completed a Share Purchase Agreement (SPA) for the acquisition of 100 per cent of the equity in Polaris Bank. Since the acquisition plan was completed, there have been reports alleging subversion of due process in the divestment process.

But in a statement in January, the CBN through its immediate-past spokesperson Osita Nwanisobi, said the divestment from Polaris Bank was supervised by a Divestment Committee (Committee) comprising senior representatives of AMCON & CBN and supported by reputable legal and financial advisers. CBN said the divestment was executed based on the relevant laws, global best practices for bank resolutions, and requisite regulatory approvals. However, despite the apex bank’s clarification, controversy has continued to surround the sale, and ahead of May 29 handover of power to Tinubu, sources within the camp of the former Lagos State told us that reversing the sale of the bank is most likely to happen soon after inauguration. The plans, if executed will place the ailing bank in more mess.

 

More revelation soon…

THE WITNESS.

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Alleged 76bn, $31.5m Fraud: EFCC Arraigns Ex AMCON MD, Ahmed Kuru, Four Others in Lagos

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The Economic and Financial Crimes Commission (EFCC) on Monday, 20 January, 2025 arraigned a former Managing Director of Assets Management Corporation of Nigeria AMCON, Ahmed Kuru and four others for allegedly defrauding Arik Airline N76 billion and $31.5 million, respectively.

 

Other defendants are former Receiver Manager of Arik Airline Ltd, Kamilu Omokide, Chief Executive Officer of the airline, Captain Roy Ilegbodu, and Super Bravo Ltd and Union Bank PLC.

 

The defendants were arraigned before Justice Mojisola Dada of the Special Offences Court sitting in Ikeja, Lagos on a six-count charge bordering on theft, abuse of office and stealing by dishonestly taking the property of another.

 

The defendants, however, pleaded not guilty to all the six-count charges when they were read to them.

 

Count one reads: “That you, Union Bank Nigeria Plc, sometime in 2011 or thereabouts, in Lagos, within the jurisdiction of this Honourable Court, with the intention of causing and/or inducing unwarranted sale of Arik Air loans and bank guarantees with Union Bank, made false statements to the Assets Management Corporation of Nigeria (AMCON), regarding Arik Air Limited’s performing loans, following which you transferred a bogus figure of N71,000,000,000.00 (Seventy-One Billion Naira) to AMCON.”

 

Count two reads: “That you, Ahmed Lawal Kuru, Kamilu Alaba Omokide as Receiver Manager of Arik Air Limited, and Captain Roy Ilegbodu, Chief Executive Officer of Arik Air Limited in Receivership, sometime in 2022 or thereabout, in Lagos, within the jurisdiction of this honourable court, fraudulently converted to the use of NG Eagle Limited the total sum of N4,900,000,000.00 (Four Billion Nine Hundred Million Naira only), property of Arik Air Limited”.

 

Count five reads: “That you, Kamilu Alaba Omokide, Ahmed Lawal Kuru and Capt. Roy Ilegbodu, on the 12th day of February, 2022 or thereabout, in Lagos, within the jurisdiction of this Honourable Court, being public officers, directed to be done in abuse of the authority of your office and with intention of obtaining undue advantage for yourself and cronies an arbitrary act, to wit: intentionally authorizing the tear down and destruction of 5N-JEA with Serial No. 15058 valued at $31.5million (Thirty One Million, Five Hundred Thousand Dollars), an arbitrary act, which act is prejudicial to the economic stability of the Federal Republic of Nigeria and Arik Air Limited”.

 

The counsel to the first and third defendants, Prof Taiwo Osipitan, SAN, informed the court of a motion for bail application dated November 28, 2024 and November 29, 2024 for the two defendants.

 

Osipitan prayed the court that the defendants be granted bail on liberal terms.  According to him, the first defendant had no criminal records and that the EFCC granted him administration bail  which he didn’t jump.  “We pray the court grants bail to the two defendants on the same liberal terms given to them by EFCC,” he said.

 

EFCC Counsel, Wahab Shittu SAN, filed counter-affidavits dated December 2, 2024 against the first defendant and also another counter affidavits dated December 22, 2024 against the third defendant.  Shittu prayed the court to dismiss their bail applications.

 

According to him, the two defendants are facing serious offences of economic sabotage. However, he agreed with the second and third defence counsel that they are presumed innocent pending the determination of the court. Shittu , however, added that the temptation of the defendants leaving the country was very high. He thereafter prayed that accelerated hearing be granted and the defendants’ international passports be seized by the court.

 

“But if my lord decides to be magnanimous to grant them bail, we shall be praying for stringent conditions because we are particular about their attendance in court. “We urge that they should submit their international passports with the court in order to ensure that they come for trial,” he said.

 

The counsel to the second defendant, Olasupo Shasore, SAN in his motion for bail dated December 6, 2024 and filed on the same day, urged the court to also grant bail to his client on self recognition.

 

The prosecuting counsel in his counter affidavits dated January 17, 2025, opposed the bail application of the second defendant.

 

He said the application for bail was incompetent and should be struck out. Shittu cited relevance laws to buttress his argument. “My lord, the record of this court is to the effect that the second defendant, at one point, absconded in which your lordship had to issue a bench warrant. “The learned silk for the second defendant is not the defendant on trial and it is very unhealthy for a counsel to stand as a surety for a defendant.

 

“I urge my lord, in exercising his discretion, to take all this into consideration because our concern is the appearance of the second defendant in court so that he does not abscond.”

 

After listening to the arguments from all the parties, Justice Dada granted bail to the defendants in the sum of N20 million Naira each with two sureties in like sum.   The sureties must be gainfully employed and deposed to means of identification.

 

She also directed that the defendants must submit their international passports with the registrar of the court.

 

Justice Dada adjourned the matter till March 17, 18, and 19, 2025 for commencement of trial.

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Absence Of Oba Otudeko, Bisi Onasanya, Others Stalls Arraignment Over N12.3Billion Fraud As Otudeko’s Lawyer Protests In Court

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The counsel for Oba Otudeko, Chairman of Honeywell Group, who is facing charges of a N12.3 billion fraud, appeared before a Federal High Court in Lagos on Monday to protest the charge.

Mr. Bode Olanipekun (SAN) informed the court that he was protesting because the charge had not been served on Otudeko or the two other individuals charged alongside him, the News Agency of Nigeria reports.

Olanipekun informed the court that, despite not being served with the charge, the defendants were shocked to learn about the planned arraignment through the media when the story broke last Thursday.

The 13-count charge was filed by the Economic and Financial Crimes Commission (EFCC) against Oba Otudeko, former Managing Director of FirstBank Plc. Olabisi Onasanya, and former Honeywell board member Soji Akintayo.

Olanipekun is the counsel for the three defendants.

They were charged alongside the company, Anchorage Leisure Ltd.

 

The EFCC alleges that the defendants obtained the sum under false pretenses.

 

According to the EFCC, the four committed the fraud in tranches of N5.2billion, N6.2billion, N6.150billion, N1.5billion and N500million, between 2013 and 2014 in Lagos.

 

The 13-count charge, filed by EFCC counsel, Bilikisu Buhari, on January 16, 2025, further claimed that the defendants used forged documents to deceive the bank.

Specifically, count 1 accused the defendants of conspiring “to obtain the sum of N12.3Billion from First Bank Limited on the pretence that the said sum represented credit facilities applied for by V-TECH DYNAMIC LINKS LIMITED and Stallion Nigeria Limited, which representation you know to be false.”

 

In Count 2, it was alleged that the defendants, on or about 26th day of November, 2013 in Lagos, “obtained the sum of N5.2 billion from First Bank Limited on the pretence that the said sum represented credit facilities applied for by V TECH DYNAMIC LINKS LIMITED which representation you know to be false.”

 

The 3rd count alleged that the defendants, between 2013 and 2014 in Lagos, obtained N6.2billion from First Bank Limited on the pretence that the said sum represented credit facilities applied for and disbursed to Stallion Nigeria Limited, which representation you know to be false.”

 

In the 4th count, they were accused of conspiring to spend the N6.15billion, out of the monies.

According to the Commission, the offences contravened Section 8(a) of Advance Fee Fraud and Other Fraud Related Offences Act 2006 and was punishable under Section 1(3) of the same Act.

Counts 5 reads: “That you, Chief Oba Otudeko, Stephen Olabisi Onasanya, Soji Akintayo and Anchorage Leisure Limited on or about 11th day of December, 2013 in Lagos, procured Honeywell Flour Mills Plc to retain the sum of N1.5 billion, which sum you reasonably ought to have known forms part of proceeds of your unlawful activities to wit: Obtaining by False Pretense and you thereby committed an offence contrary to Section 18(c), 15 (2) (d) of the Money Laundering (Prohibition) Act, 2011 (as amended) and punishable under Section 15(3) of the same Act.”

Meanwhile, Otudeko had reportedly fled Nigeria ahead of his scheduled arraignment on fraud charges.

 

According to TheCable Newspaper, Otudeko’s exit from the country is linked to the mounting legal pressures and financial disputes he is facing.

The newspaper reported that the businessman left the country via one of the land borders.

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Loan controversy: Bisi Onasanya’s lawyer condemns media trial….Judge adjourns case to February 13

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In line with his resolve to defend himself and clear his name, Dr. Bisi Onasanya through his lawyer, Adeyinka Olumide-Fusika, SAN, at a session at the Federal High Court Lagos on Monday, January 20, 2025, demanded the service of proof of evidence and summons.

Onasanya, a chartered accountant and a former Group Managing Director of First Bank is defending himself against a controversial loan that allegedly occurred at First Bank 12 years ago. The retired banker is refuting the allegations alongside three others namely former Chairman of the bank, Chief Oba Otudeko, a former board member of Honeywell, Soji Akintayo, and a firm, Anchorage Leisure Ltd.

At a hearing at the Federal High Court in Lagos on Monday, Fusika condemned the media trial his client had been subjected to, saying he was not formally invited by the EFCC or served a notice of the charge.

He expressed surprise at seeing news stories in major newspapers linking Dr Onasanya to a trial on loan controversy during his time as First Bank Group Managing Director without prior notification.

“My Lord, it is concerning that my client has been unduly exposed to media trial without being formally served. This is a procedural anomaly that undermines his right to a fair hearing and personal dignity,” Olumide-Fusika said.

The prosecuting counsel, Rotimi Oyedepo, denied any involvement by the EFCC in the media coverage of the case.

He stated that the commission had not issued a press statement and suggested that journalists may have obtained information through other means.

“My Lord, we disassociate ourselves from any media reports,” Oyedepo said.

The EFCC also applied for an ex parte motion to issue a bench warrant for the defenders’ arrest and sought permission to serve them through substituted means, alleging they had evaded service.

Olumide-Fusika opposed the motion, arguing that his client had always been available and had not evaded service. Demonstrating his determination to clear his name, the senior lawyer prayed to the court to have the EFCC serve the charge and the proof of evidence in the open court.

“This application is unwarranted and speculative. My client has neither avoided service nor absented himself from this matter. The claims of the prosecution are baseless. Since I am here and my client is ready to go ahead with this case, I ask to be served the charge and the proof of evidence here in the court,” Olumide-Fusika argued.

Justice Chukwujekwu Aneke, who presided over the case, dismissed the EFCC’s motion for substituted service on Onasanya since he has accepted to be served in the open court.

The judge consequently ordered that the EFCC serve Olumide-Fusika the charge and proof of evidence in open court.

The EFCC complied with the directive, and Olumide-Fusika who confirmed the receipt of the document extracted a confirmation from the prosecution counsel that the proof of evidence submitted is exhaustive and there wouldn’t be an addendum. The defence counsel said EFCC’s confirmation should be on record, insisting that his client was ready to defend himself and clear his name.

Justice Aneke adjourned the case to February 13, 2025.

It will be recalled that Onasanya, through his Communication Advisor, Mr Michael Osunnuyi, had earlier dismissed allegations, describing the claims as baseless and an attempt to tarnish Onasanya’s stellar reputation for professionalism, integrity and humaneness.

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