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GTBank Announces Final Tender Results

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uaranty Trust Bank plc (“GTBank” or the “Bank”) announced today the expiration and final tender results of the any and all cash tender offer (the “Tender Offer” or “Offer”) with respect to the U.S.$500,000,000 7.50 per cent. Notes due 2016 (the “Securities”), which Securities were issued by its wholly owned subsidiary – GTB Finance B.V. (the “Offeror”) – and unconditionally and irrevocably guaranteed by the Bank.

As the Expiration Deadline for the Tender Offer was February 10, 2016, the deadline for tendering the Securities under the Offer has now passed.

An aggregate principal amount of U.S.$ 126,586,000 of the Securities that were validly tendered on or prior to the Expiration Deadline and not validly withdrawn were accepted. No Securities were tendered through the guaranteed delivery procedures described in the Tender Offer Memorandum dated February 4, 2016 (the “Tender Offer Memorandum”). The Settlement Date for the Tender Offer is February 16, 2016.

The Tender Offer is consistent with GTBank’s liability management strategy and reflects the Bank’s ongoing efforts to enhance the efficiency of its funding and capital structure as it seeks to reduce its overall funding costs. Subject to applicable law, the Offeror or any of its affiliates may at any time and from time to time following completion of the Offer, purchase the remaining outstanding Securities by tender, in the open market, by private agreement or otherwise on such terms and at such prices as the Offeror or, if applicable, its affiliates may determine. Such terms, consideration and prices may be more or less favorable than those offered under the Tender Offer.

According to the Bank’s CEO – Segun Agbaje, “we are pleased at the outcome of this exercise. The Offer, which is the first of its kind involving a Nigerian corporate in the international financial markets, has enabled us achieve the objective of reducing some of the Bank’s borrowing costs ahead of the maturity of the Eurobond in May of this year. The tender result is also a testament to the strength of the Bank’s credit in the international capital markets. It is gratifying and humbling at the same time to note this level of investor confidence in the Bank”.

The Tender Offer was made pursuant to the Tender Offer Memorandum, which set forth in more detail the terms and conditions of the Offer. Capitalised terms used but not otherwise defined in this announcement shall have the meaning given to them in the Tender Offer Memorandum.

J.P. Morgan and Morgan Stanley acted as the Joint Dealer Managers for the Offer. Lucid Issuer Services Limited acted as Tender Agent and Information Agent. Legal Advisers were White & Case LLP (English and U.S. Law Counsel to the Bank and the Offeror), Linklaters LLP (English and U.S. Law Counsel to the Joint Dealer Managers), NautaDutilh N.V. (Dutch Law Counsel to the Bank and the Offeror) and Banwo & Ighodalo (Nigerian Law Counsel to the Bank and the Offeror).

This press release is neither an offer to purchase nor a solicitation to buy any of the Securities nor is it a solicitation for acceptance of the Offer. The Offer was made only by, and pursuant to the terms of, the Tender Offer Memorandum. The Offer has not been made to (nor have tenders of Securities been accepted from or on behalf of) holders of Securities in any jurisdiction in which the making or acceptance thereof would not be in compliance with the securities, blue sky or other laws of such jurisdiction. This announcement must be read in conjunction with the Tender Offer Memorandum

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Contempt: Again, court commits EFCC boss, Abdulrasheed Bawa, to prison

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The Chairman of the Economic and Financial Crimes Commission, Abdulrasheed Bawa, has been committed to prison for allegedly disobeying court order.

The court also directed the Inspector-General of Police, Usman Baba, to effect Bawa’s arrest and remand him in Kuje prison for the next 14 days until he purges himself of the contempt.

Justice R.O. Ayoola of the Kogi State High Court, in his judgement on Monday, granted the application for committal to prison of the EFCC chairman for disobeying a court ruling delivered on November 30, 2022, wherein the EFCC chairman was directed to produce the applicant in the case, Ali Bello.

Ali Bello had dragged Bawa to court for arresting and detaining him illegally, with the court ruling in his favour, only for the EFCC to arraign him for alleged money laundering three days after the ruling.

The EFCC’s applications for setting aside and stay of execution of the ruling were refused for want of merit.

The Court had, in Form 49, Order IX, Rule 13, marked, “HCL/697M/2022” and titled, “Notice to Show Cause Why Order of Committal Should not be Made,” asked the EFCC Chairman to appear before it on January 18, 2022 to explain why he should not be jailed for flouting the order given on December 12, 2022 in a case filed by Ali Bello against the EFCC and Bawa, as the 1st and 2nd respondents, respectively.

The court ordered that the EFCC and Bawa be served the motion of notice together with Form 49 by substituted means.

The court had declared the arrest and detention of the applicant in the face of a subsisting court order made by a court of competent jurisdiction and without a warrant of arrest “or being informed of the offence for which he was arrested” as unlawful, unconstitutional, and in contravention of the personal liberty and dignity of human person guaranteed under Chapter IV of the Constitution of the Federal Republic of Nigeria 1999 (as amended).

The court had also ordered the respondents to tender an apology to the applicant in a national newspaper and awarded N10 million compensation for him.

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Court Jails Fidelity Bank MD, Onyeali-Ikpe, Bank’s Secretary.. (CTC documents attached)

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A Chief Magistrate Court at Ogba, Lagos on Monday morning sentenced the Managing Director of Fidelity Bank, Nneka Chinwe Onyeali-Ikpe to six weeks imprisonment over disobedience of a garnishee order of court restraining the bank from allowing a judgment debtor access to his account.

 

Joined with the Managing Director to serve the imprisonment is the Company Secretary of the bank, Ezinwa Unuigboje.

 

Magistrate Lateef Owolabi gave the sentence sequel to a garnishee order he gave on December 6, 2022 asking 16 banks not to allow a judgment debtor, Prince Enabulele Ozaze access to his bank accounts pending the payment of N2.8 million judgment debt in suit involving the sale of a Toyota Corolla car.

 

 

In the main suit, Magistrate Owolabi had given judgment on October 13, 2022 in favour of the plaintiff, Jibrin Ahmed who sued the defendant over the payment of N2.8 million he made to the defendant for the purchase of a Toyota Corolla car. Magistrate Owolabi in the judgment said that the claim before the court is summons used in action for debt or liquidated money demand with or without interest. Liquidated demand, according to him, is one ascertainable as a matter of arithmetic precision without further investigation.

He then said: “I have examined the whole process filed by the claimant and hold that the claimant is entitled to judgment not necessarily because the defendant is absent, but because the claimant has made a case worthy of being entitled to judgment. The totalities of evidence presented are relevant and reliable”.

 

There magistrate thereafter entered judgment against the defendant in the sum of N2.8 million which is due to the claimant over the transaction that took place in July 2022.

 

In order to reap the fruit of the judgment, the claimant’s lawyer, Alayo Akanbi filed a garnishe proceeding before the court and attached 17 banks, and asked the court to stop the banks from allowing the defendant to draw money from his accounts with them pending the liquidation of the debt. The garnishe order was granted on December 6, 2022.

 

However, on January 25, 2023, the claimant, now judgment creditor deposed to an affidavit before the court where he showed that the garnishe order have been flouted by Fidelity bank. He showed instances of how the judgment debtor had been withdrawing funds from his account to the extent that he had depleted the funds in his account with Fidelity bank. He claimed that the judgment debtor has N3, 165, 759.05k in his account with Fidelity bank as at January 12, 2023 when the garnishe order was served on the bank.

 

By January 15, three days after service, the judgment debtor had withdrawn N725,547.80k from the account. The following day, January 16, 2023, another N251,305.90 was transferred out of the bank. On January 17, the legal officer of the bank Obianuju Nwosu confirmed service on the bank as at December 22, 2022 and further apologized for the transactions on the account.

 

On January 18, 2023, the court ordered that ordered that the Managing Director, and Company Secretary to appear in person before the court to explain why they should not be committed to prison for allowing the judgment debtor to dissipate the funds in his account after the service of the garnishe order nisi.

 

At proceeding on Monday February 6, the Managing Director and Company were not in court as ordered. Lawyer to the judgment creditor told the court how the two had disobeyed the garnishe order of the court.

 

Magistrate Owolabi in his ruling sentenced the Managing Director and Company Secretary to six weeks imprisonment each. He further ordered Lagos State Commissioner of Police and any officer under his command to arrest the duo, bring them to court for onward transfer to the appropriate correctional center.

 

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Petition signatures to Emefiele over new naira hit 1653..

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Petition signatures to Emefiele over new naira hit 1653

 

Following the crisis over the non-availability of the redesigned N100, N200, N500 and N1000, over 1653 Nigerians have petitioned the Central Bank Governor, Mr Godwin Emefiele, to end what they termed ‘hardship’ on the citizens.

 

The petition, hoisted on the global change website, change.org, which was started on Friday, garnered over 1653 signatures on Saturday.

 

As of the time of filing this report, many bank customers have yet to access the new notes as many automated teller machines are either not dispensing cash or completely shut down because of the crowd.

 

Protests have erupted over the situation in some parts of the country and some banks vandalised by hoodlums, demanding access to their money lodged in several accounts.

 

 

 

There have also been controversial videos showing bank officials sabotaging the process by hiding the new notes behind old ones in vaults.

 

The President, Major General Muhammadu Buhari (retd.), has requested seven days from Nigerians to fix the mess.

 

Part of the petition stated, “The recent shortage of physical cash in Nigeria has caused major untold hardship to Nigerians. People are spending hours in long lines at banks just to withdraw cash, and many are forced to rely more on digital transactions which tend to be unreliable due to poor bank networks.

 

POS operators also charge outrageous amounts; as much as N1000 for a N10,000 withdrawal. The Central Bank of Nigeria has stated that the shortage is temporary, but it is causing serious disruption to the daily lives of many Nigerians.

 

“We call on the government, stakeholders, law enforcement agencies and the CBN to take urgent action to address the cash shortage crisis in Nigeria. We demand that the CBN increase the distribution of physical cash to meet the demand, and also any POS operator found charging outrageous amounts for withdrawal should be arrested.’’

 

Meanwhile, the National Association of Nigerian Students has expressed displeasure over the issue, noting that the process was not only ill-timed but also not well thought out.

 

Speaking to Sunday PUNCH during a telephone interview on Friday, National Vice President (External Affairs), Akinteye Afeez-Babatunde, said, “The whole situation is crazy. We are tired. Students are crying and complaining. They can’t get cash. The leaders have confirmed to us that they don’t care for the people. The policy is fine but the process to get it done is to the detriment of our own lives as Nigerians. Our day-to-day activities have been disrupted. Nigerians are suffering.’

 

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