CHAPTER ONE

1.1 INTRODUCTION
BACKGROUND OF STUDY
Banking in Nigeria has gone through very dramatic changes, since the appointment of (professor charles soludo) as the new Governor of central bank of Nigeria on Tuesday 6th of July 2004 signaled the beginning of a revolution in the Nigerian Banking industry. Before the appointment of (Professor Charles Soludo) C.B.N pronouncement was that the operation of the banking system was nothing to write home about, indeed the banks were rated sound and satisfactory. While 25 were rated marginal and unsound, exhibited weakness ranging from under capitalization and solvency, weak and poor assets quality, poor earnings, management illiquidity.
To put things right and ensure a sound banking system for Nigeria (Soludo) proposed a 13 point banking reform programme that anchored on the following.
- Capital base requirement of N25 Billion through consolidation of Bank via merger and acquisition by December 31st 2005 etc. To create a safe banking system, the apex bank must have been encouraged by the fact that global size has become an important ingredient for success. Furthermore an enhanced capital base given a bank a competitive edge enables it to acquire relevant technology to engage high quality personnel to absorb cost to provide better services and ultimately increase in its earning although the 25 billion minimum capitalization requirement and the bank consolidation exercise is meant to create a sound banking system that depositors can trust, it does not necessarily guarantee or address the observed weak corporate governance practices excessive risk taking poor credit policies and administration loans Nigeria banking system.
The reform of the banking system is the right panacea the country needs for the industrial take off. This is in view of the fact that banking system plays a critical role in the economic growth and development of a country.
According to Prof. G. O Nwankwo, (1991), since they are the providers of the means of payment a failure in banking system could have a devastating consequences on the economy especially as financial institutions and markets are key intermediaries through which government bring their macro economic activity.
In banking transactions, the commercial banks operate on a profit. Motivated basis that is their sole aim of being in operation is for profit maximization and they try to make their shareholders happy by recording huge profit in their financial report every year. Banks represent a significant and influential sector of the economy and play a major role in the monetary system. There is, therefore considerable and widespread interest in their management and performance.
The quality of their financial statement will help to foster public confidence in the banks as well as in evaluating their performance.
A little history of banking in Nigeria needs highlighting to enable us form a firm understanding of the business generally. Modern commercial banking in Nigeria dates back to early colonial period. The decline in barter system of trade and the rise in financial transactions of the colonial government required on institution in the form of a commercial bank for safety and transmission of funds it was for this purpose that African Banking corporation based in South African was invited in 1892 to open a branch office in lagos.
The African banking corporation was therefore the first modern commercial bank to open a branch office in Lagos but its existence was made precarious by the trade depression, which hit lagos in that year. In the years 1894 its operation were taken over by the bank of British for West Africa. Later, its name was changed to standard Bank for West African Ltd. In compliance with the company’s act of 1968, this pioneer expatriate bank has incorporated in Nigeria s the standard bank of Nigeria Ltd. The bank changed its name was changed his name in 1978 to first bank of Nigeria limited Liability company (PLC). We have also another one called Barclays Bank (Dominion Colonies overseas) which came into Nigeria banking scence in 1917. Through also the companies Act of 1968, the bank changed its name to Barclays Bank of Nigeria limited. And in 1978 it was re-named Union Bank of Nigeria which is now a public limited company.
There were few of these banks that were purely indigenous right from outset which represent the effort of Nigerian business men to establish their own banks since the expatriate banks have not been particularly interested in giving them assistance they normally require to manage their own business.
In order to break the monopoly of the colonial banks indigenous banks Mushroomed, in the absence of a banking ordinance to regulate banking business. The first attempt to establish an indigenous bank was in 1929. Indigenous West African businessmen resident in London required a bank in London and transferred its operations to Lagos.
Because of bad management the industrial and commercial bank folded up in 1930. The Nigeria Mercantile Bank founded in 1931 collapsed in 1936, but the relational bank of Nigeria founded as a public company in 1933, survived an early collapse apparently because of prudent financial management.
Between 1947 –1952, well over twenty banks sprang up in the country. Almost all the mushroom banks formed during that period, as most of them were little different from wayside football ditch filed away before December 1959 because of: 
1. Absence of a Regulatory authority and lender of the last Resort
2. Under capitalisation and over branding 
3. Poor customer patronage
4. Poor liquidity
5. Poor quality manpower.
The government as a result of its concern over the menace and potential danger posed for the nations economy by unregulated banking industry (as evidence by the crop of mush room banks), issued its first banking ordinance in May 1952. The ordinance required thus
(1) New banks incorporating in the country to have a minimum normal capital of N50,000.00
(2) New Banks to incorporate with a minimum paid-up capital of N25,000.00
(3) Foreign bank not incorporated in Nigeria to show evidence of paid-Up capital of N200.000
(4) All new banks to obtain a licence from the finance secretary before operating.
(5) At least 20% of profit must be paid into the banks reserve until the value of reserve is equal to the paid-up capital.
In 1991, two new banking legislations were passed in Nigeria. They are central Bank of Nigeria Decree N0.24 and the banks and other financial institutions Decree N025. the banks and other financial institutions Decree (BOFID) which replaced the 1969 banking Act and all its amendments, distinguished between the use of the word “Bank which applies to the central Bank of Nigeria and the word “bank” which applies to other banks. It went ahead to define the word “bank” as a bank licensed under the banks and other financial institutions Decree 1991. therefore, BOFID 1991 defines banking business as “the business of receiving deposits on current account, saving account or other similar account, paying or collecting cheques drawn by or paid in by customers: Provision of finance or such other business as the governor of (the C.B.N) may by order published in the Gazette.
In the past people might have been carrying on banking business without any licence, but now it is not so. Specifically, section 2(1) of the BOFID 1991 state that “No person shall carry on banking business in Nigeria except it is a company dully incorporate and holds a valid banking business to carried out in Nigeria. It must be licensed according to the laws. Then, for a commercial bank, the bank and other financial institutions Decree 1991, defines it as “any bank in Nigeria whose business includes the acceptance of deposits, withdraw-able cheques. This is the major destination between category of bank of banks and others only the commercial Kingdom, they are simply referred to as clearing banks. One striking feature about the ownership of Nigerian commercial bank is the state and federal government participation in Nigeria banking dates back to 1952 when two states government came to rescue the three them surviving indigenous banks. The Eastern Regional Government rescues the African Continental Bank, and Aghonmaghe bank (now Wema bank) were rescue by the government of Western region.
The Federal government on the Other hand came into banking business participation in 1974, when the federal government required 40% share in “Big three” expatriate banks. The standard Bank of Nigeria (Now first Bank) Barclays Bank of Nigeria (now union bank) and United Bank of African. The Federal Government later increased their share holding to 60% in 1976. All these are in a bid to check the activities of these banks.
Since the C.B.N. Decree No. 24 of 1991 and the other financial institutions Decree No 25 of 1991 came into being more laws relevant to a sound banking operation have been promulgated, they included.
- Failed Banks (debt Recovery) and other financial malpractice Decree No. 18, 1994: 
- Money laundering Decree No. 3 1995 and 
- Foreign exchange (monitoring and miscellaneous provisions) Decree No. 17 1995.
The three decree, though promulgated for purposes different from the CBN Decree No 24 and BOFID No. 25 both of 1991, have helped to sanitized banking operations in Nigeria, which is also a main objective of C.B.N. Decree No. 24 and BOFID No 25 the federal government in its 1997 budget mandated commercial banks to increase their mandatory minimum equity capital requirement to N500,000,000 (five hundred million). By 1999 the minimum capital of new banks was raised to N1 billion. By 2001 minimum capital was further raised to N2 billion for new banks. And the new regulation according to Charles Soludo the C.B.N Governor 2004 during financial institution summit held at Abjua on 6th of June 2004 has directed all commercial banks to increase their minimum capital from N2 billion to N25 billion by December 2005 with this new directive, the banks will have enough equity capital for its transactions thereby leasing the rampant eases of distressed banks in the economy.

1.2 STATEMENT OF PROBLEM
Commercial banks as we know have a role to pay in the economy, which is seen by investors and lenders of money as an in evitable function or activity necessary for the development of the economy. It is a well know fact that commercial banks are profit oriented and to commercial bank management this has been a never-ending “tug of war”.
This war is pitched between liquidity and safety on one hand and earnings and profitability on the other hand. Prof. Nwankwo G. O (1988) P 8-10 “commercial bank is like a servant serving two masters at the same time”
The liquidity of a bank, hence its safety is necessary because of the nature of its liabilities. A high proportion of the commercial banks liabilities are made up of demand deposit (current accounts deposits and savings deposits) with all these in view we see that the banks have enormous responsibility they encounter problems that tends to stop their existence.
The following are factors that constitute current threats I challenges to the commercial banks.
1. There is a high cutthroat competition among banks.
2. There is lack of consistence and severe policies
3. Lack of appropriate management techniques and laxity on the banks
4. A lot of fraud and fraudulent practices gong on in the industry
5. There is high level of bad (indigenous lending.
6. Recruitment of staff based on personnel connection instead on merit.
7. The banking industry is highly regulated to a point of conflicts on the regulation

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