Banks crisis: Asset Management Company to the rescue?
By AMECHI OGBONNA and CHIMA TITUS NWOKOJI
Monday
,
November 16, 2009

•Mukhtar
Photo: Sun News Publishing

If there is one problem that has suddenly turned banking business into a nightmare for some operatives in recent past, it is indeed the phenomenon of bad loans. It has become a festering sore that has made scores of upwardly mobile professionals to become permanent guests of the anti graft agencies in the country, while sending the institutions hitherto managed by them to their early graves.

But for the chain of events that led to the collapse of several financial institutions around the globe, not many analysts could believe that America’s leading financial powerhouse; Lehman Brothers could be down and out at the weight of sub-prime loan rackets, given its gargantuan profile in international financial matrix.

For the Nigerian market, the menace of toxic assets of banks is now like a bone in the throat of all the regulators who have been looking for an easy way out to redeem the traumatized institutions. Even before the appointment of the incumbent Central Bank of Nigeria governor, Mallam Sanusi Lamido Sanusi, his predecessor Chukwuma Charles Soludo did recognize that the nation’s banks may not function optimally if left with the huge stock of toxic assets towering so high in their books. It was against this background that he then muted the idea of setting up an asset management company that will take the bad asset off the books of the banks to enable them operate on a clean slate post consolidation.

According to the CBN plans, the company which would be established by an Act of the National Assembly was expected upon inauguration to inherit all the bad loans hanging in the books of the banks. Regrettably, five years after it was taunted to provide relief for banks, the Asset Management Company has remained a pipeline dream which no one is sure will ever see the light of the day. But just recently Mallam Sanusi had informed the Nigerian banking community of the Federal Government commitment to fast track the establishment of the company, citing a Presidential directive to the apex bank, the attorney general of the Federation and the Federal Ministry of Finance to work together to ensure the company become a reality.

As Nigerians await the roll out of the AMC, some analysts have continued to show concern over the strategies the proposed firm intends to adopt in handling the huge stock of toxic assets waiting to be taken off the books of the 24 surviving banks in light of what the Central Bank of Nigeria is doing to enthrone a stable banking culture. Speaking last week on “the Nigerian banking sector reform: effects on investment promotion”, at the 4th Negotiation and Conflict Management Group Summit held in Lagos, deputy governor of the Central Bank of Nigeria Mr Babatunde Lemo, who represented the Governor Mallam Sanusi Lamido, said the establishment of the Asset Management Company will address systemic liquidity squeeze and inhibition of credit growth.

He assured it will also enable banks to resume lending to the real sector thereby stimulating economic growth. Lemo added that it will reduce debt burden on operators and allow liquidity to flow back to the market rather than to debt service, while removing pressure on banks to sell down shares to recover loans and impact the capital market positively. The deputy governor’s view merely re-echoed the refrain that Sanusi has been singing over the past few weeks about the relevance of the AMC as he prosecutes his reform agenda.

Only recently the governor had reiterated CBN’s commitment to stand by all Nigerian banks and work with their respective boards, management and other stakeholders to restore the stability of the financial system and thus ensure that our banks are able to effectively play their role in economic growth and development would never be shaken. In furtherance of the commitment of the Federal Government to the growth and stability of the financial system, President Umaru Musa Yar’ Adua has directed the Honourable Minister of Finance and the Central Bank Governor to liaise with the Attorney General of the Federation, the National Assembly and other relevant stakeholders with a view to fast-tracking the process of establishing an Asset Management Company. When established, the AMC will operate with a share capital of N250billion.

The formation of this company should facilitate an improvement in banking sector liquidity, protection of the earnings of banks from further erosion and a reduction of the debt overhang on the capital market and its participants. This should provide a much needed fillip for the revival of the Nigerian Capital Market. Sanusi noted that the conclusion of the bank audit exercise was an indication that the CBN has come to the end of the first phase of the process of restoring financial sector stability.

He stated that ongoing action will now focus on building capacity within the regulatory regime; fast-tracking the implementation of risk-based, consolidated and cross border supervision frameworks; easing the flow of credit, particularly to the real sector of the economy; improving governance structures and practices in the financial services sector; and improving confidence in the economy in general. To achieve this Sanusi told Nigerians that he was not afraid of any body in his quest to sanitize the banking sector, stressing he will invoke the full weight of the law to ensure that he exposes the high and mighty and make them pay back what they borrowed from the banking sector. But while Nigerians await the takeoff of the scheme, there have been growing concerns over its full impact on the economy.

One of such matters bugging the mind of some observers would the pricing of these assets and the ability to convert them to valuable assets at a time that the global financial meltdown had rock the Nigerian capital market to its foundation. According to Razia Khan, head of Research Africa at the Standard Chartered Bank, the short coming behind the idea of Asset Management Company or bad bank is the fact that its assets may be difficult to value. She said that as long as a bank’s balances sheet remain weighed down by problem assets, credit growth is likely to remain sluggish. She therefore contended that an AMC cannot be the perfect solution under the prevailing circumstance as some problem assets not limited to margin loans may prove more difficult to value.

She stated for instance that the cost of financing an AMC could well exceed the total cost of recapitalizing the banking sector A review of the toxic assets of the nation’s banking industry shows that out of a total loan portfolio of N2.87 trillion, merging loans accounted for N456billion, with Oil and Gas sector recording a commitment of about N487 billion, while aggregate non -performing loan accounts for the entire industry standing at N1.14 trillion. This means that the volume of debts hanging on the neck of the 24 banks is more than nation’s appropriation account for 2009 financial year. It is perhaps the sheer size of non- performing loans that prompted CBN to demand for full disclosure from banks on their toxic assets.

The bank has in two separate directives advised banks to disclose the full extent of their exposures to oil and gas, merging facilities and loans to other critical sectors of the economy. However details of the last CBN / NDIC audit on the Nigerian banking industry reveals that loan loss provisions for Nigerian banks for the last quarter of the year shows that Nigerian banks are in dire straits. The records show for example that Access Bank had a provision of about N30.89billion, Diamond Bank N24.60billion, Ecobank N33.39billion, while First Bank of Nigeria Plc made a provision of N29.50 billion. Other banks that were affected by the gale of toxic assets include GTB N24.96 billion, Skye Bank N32.billion.Sterling Bank N10.84billion, UBA N41.07billion, Zenith Bank N26.14billion, while Bank PHB provided for N16billion for the 12 months ended June 30 2009 an increase of 253 percent over the N4billion it provided for the same period last year.

Consequently the bank’s profit dropped by 44 per cent, just as all other institutions recorded above had their bottom-line plummeting against expectations for the year. For instance First Bank’s non performing loan of about N75 billion hit its profit so strongly that profit before tax for 2009 fell to about N3.3.19billion. With these unhealthy development’s, some commentators have been wondering whether the establishment of an asset management company can indeed eliminate or better still minimize the phenomenon of toxic assets in the banking industry. President of Finance Market Dealers Association, Mr Wale Abe pointed out that the audit of the 24 banks was a new dawn for the industry, stressing that some of the findings would help put the operators on their guard. Abe listed the huge uncollaterized loans and lack of good risk management structures as some of the errors that the banks need to urgently correct. He also pointed out that most of the bad loans were caused through insider abuses by bank management and boards.

Many of the banks lacked quality risk management capabilities while corporate governance principles were largely lacking. The question now is whether the actions being proposed by the authorities will actually eliminate the problem of bad loans in Nigeria’s banking sector. Speaking at a workshop in Kaduna recently, Director of Research at the Nigeria Deposit Insurance Corporation (NDIC), Dr J.G. Donli pointed out that bank distress is a phenomenon that no one can stop in any economy. He stated that regulation cannot stop banking sector distress since it could be triggered by various factors including government policy. Donli noted that the NDIC will continue to discharge its functions of examining the books of the banks based on the returns they make to it, pointing out that the corporation’s duty as a risk minimizer was to review their books and report back to their board and management.

He noted however that if the board / management of any of the banks decide to correct the errors noted in their books it will save their institutions from paying the ultimate prize which is liquidation. As at September 25, 2009, the first five banks had recovered more than N110 billion of previously non –performing loans while indications are that more recoveries are likely in the months ahead. But according to Mr Henry Boyo an economist, the Central Bank of Nigeria is to blame for the mounting profile of bad debts plaguing the banking sector. He wondered why the apex bank allowed the loan situation of Nigerian banking industry to get to the present frightening dimension before realizing it has to float an asset management company. Boyo’s position differs slightly from that of the former Minister of National Planning, Ambassador Isaac Aluko Olokun who see banks’ decision to deal settle the issue of bad loans at this moment as a very courageous step. He stated it would reposition the banks for sustainable future growth in the nation’s competitive economy.

Akoroda Charles, a deputy director at the CBN hinted that in order to halt this ugly trend, the CBN may review other prudential threshold including the ratio of non performing loan to a bank’s credit thus reducing the risk in the industry. He contended that this would serve as early warning signal that could enhance the formulation of appropriate and timely policies that would be complemented by full disclosure requirements. Akoroda said the apex bank intends to complement these activities with regular spot checks whenever it gets suspicious reports from any bank. the focus has been on liquidity, capital adequacy and corporate governance.

At the end of its special investigation of banks nine of them including Fidelity, Access, Ecobank, FCMB, Skye Bank, Stanbic IBTC, Standard Chartered Bank and Zenith Bank were found to have adequate capital and liquidity to support the level of their current operations and future growth: The 10th bank – which is Unity Bank—was adjudged to have insufficient capital but not in grave situation because it has a healthy liquidity position. The situation was however different for Bank PHB, Equatorial Trust Bank, Spring Bank and Wema Banks which said were in very grave situation prompting its intervention.

The CBN will work with the banks to ensure a successful completion of the recapitalization exercise, in addition to assisting them in their recovery efforts. Speaking at the World Bank meeting at Istanbul Turkey last month, Sanusi said it that first round of intervention in August, involved 10 institutions where 5 passed the stress test while 5 others failed. The 5 banks that failed he pointed out accounted for 90 per cent of the exposures at the Expanded Discount Window. The second round involving 14 banks saw 9 institutions scaling through while Bank PHB, Spring Bank Plc, and ETB as well as Wema Bank and Unity Bank had issues to settle with the CBN.

According to Sanusi “our preference is to move straight to from the tier 2 loan given to 8 banks to private placement.” He noted that if these two options fail, chances are that they would be systematically liquidated to ensure that depositors get paid all their money while the bank is gradually wound down. Secondly the government can convert its stake into equity until such a time its finds a buyer. He stated “ as we said in a press statement, that the president has given approval in principle the recommendation for an asset management company we are going to work with the ministry of finance and the National Assembly to bring that to fruition as quickly as possible and we are now moving to the next stage” Sanusi said the language in use in the CBN is that these banks are on life support and that the apex bank was committed to moving them to a safe harbour by putting them on a life support. “You have arrested the deterioration, you have stabilized them, you make sure they are ready to go back to competitive stage and then you gradually and gently without much disruption to move them back to safe harbour which might be injection of capital from local capital market or from foreign banks but the or a merger with a local banks or an acquisition by a foreign bank”, Sanusi had said.

On his part, Mr Adetilewa Adebajo, an economist and public affairs commentator said the argument should not be an issue of whether the AMC was coming late or not but one of what it is out to achieve for the banking industry and the Nigeria economy. Only recently the managing director of the Nigeria Deposit Insurance Corporation, Mr Ganiyu Ogunleye highlighted some of the likely problems that regulators of the industry are likely to face in their bid to get the AMC off the ground. He argued that “apart from the bad credit decisions highlighted in some of the troubled banks, recent developments further exposed the poor borrowing culture in Nigeria”. While the ongoing effort of the EFCC on debt recovery is appreciated, the long term solution is for borrowers to appreciate that banks credit are largely funded from depositors fund and that delinquent credit contribute to illiquidity of banks.

In order to improve on borrowing culture the creditor rights mechanism require a drastic overhaul through appropriate legislation. The procedures for taking and enforcing collaterals in Nigeria are most inefficient as debtors easily frustrate creditor banks by abusing the judicial process. The corporation had come across debtors who would prefer to engage solicitors that could protract cases in court for many years rather than make efforts to resolve their debt obligations. Bank debtors with such mindset constitute a threat to efficacy of the proposed Asset Management Company (AMC)”. But some stockbrokers who commented on the proposed setting up of the AMC expressed some worries over the real intentions of the government for the project. According to Mr Peter Eluehike, Managing Director of GEE Capital Investment Limited the planned establishment of the company may further put the Nigerian economy on the brink of collapse.

He stated that the government through the CBN has not yet told Nigerians what it intends to achieve through the policy. Eluehike’s views however corroborate the opinion of other Nigerians who have since expressed apprehension that the AMC may be a ploy by the government to nationalize the troubled banks, by forcefully taking away the shares of its legitimate owners. His views are in line with what another chartered stockbroker, and group head, capital market research and asset management department of Capital Bancorp Limited, Mr Tajudeen Olayinka who argued that if the setting up of the Asset Management Company is to take off toxic assets that are in the books of banks, it is a good development. But whether it has come at the right time is the question begging for an answer. To answer that, I would say it has come rather, too late.

He said: “CBN asked the banks to clean up their books. Having complied to an extent by writing off non-performing loans, it is not very likely that the banks would prefer to use that window as against more viable alternative windows that will still preserve the value of those assets”. He further noted that the CBN’s stand is that the AMC will have a fund, and that fund will take on those toxic assets and give cash to the banks. That way, they will have some respite and continue their business. But according to him, “the banks have written off those assets already, so they will not prefer this window. Some of those assets, especially those that are related to stock market still have prospects for future value. So, it would be in their own interest to keep it like that and allow market to recover, so as to reduce losses they have incurred. This can then be written back into their books as profit in future. But if they turn it in to the AMC, they will realize the total loss immediately and the expected profit will be lost completely.

If it had come at the beginning of the crisis many of them would have preferred to use that window to ease their liquidity burden. It could have be in their own interest then, not now that they have written off those assets from their books. It makes no economic sense to use the AMC window now rather, they will prefer to remain at the inter-bank window, and if CBN still allow them to discount government securities, of course they will also prefer that window.” The fear of the voices opposed to the policy is that the Yar’ Adua administration may use the window to offer some powerful politicians and money bags an opportunity to acquire controlling stakes in some of the banks now being repackaged. Another stock broker, Mr Oladipo Aina, President of the Chartered Institute of Stock brokers said the proposed AMC was a welcome development that will bring relief to the capital market.

“We have said this before now that what the market needs is liquidity and we recommended the injection of cash into the market. For one reason or the other our suggestion was not harkened to. But today, we have been vindicated and we are happy because the market will be better for it. The reforms going on in the market are what we suggested since last year. However it is better to be late than never” Aina said. For the managing director of Partnership Investment Company Limited, Mr Victor Ogiemwonyi, the AMC is the way to go in an effort to save the capital market. He said; “this has been my position since October 2008 when I first called for the intervention of the CBN.

I think the AMC idea now supported by the CBN is the way to go as it has the twin effect of reducing supply of securities in the market and stabilizing it until it adjusts to equate investors’ demand and supply of securities. The relief this will bring have to be inclusive of investors and banks. Investors should be relieved of current burden of debt while the banks are to use the opportunity to clean out their balance sheet”.

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