Entrepreneurs occupy a central position in any market
economy. They serve as the spark plug in the economy’s engine,
activating and stimulating all economic activities. The economic success
of nations worldwide is the result of encouraging and rewarding the
entrepreneurial instinct.
economy |
A society is prosperous only to the degree to which it
rewards and encourages entrepreneurial activities because it is the
entrepreneurs and their activities that are the critical determinant of
the level of success, prosperity, growth and opportunities in any
economy.
“The most dynamic societies in the world are the ones that
have the most entrepreneurs, plus the economic and legal structure to
encourage and motivate entrepreneurs to greater activities”, said an
analyst.
Countries go to great lengths to promote entrepreneurs
because they realize that the best way to tell the story of their
business environment competitiveness is by using the entrepreneurs
themselves to tell the story.
In October 2011, at a meeting of the President’s Council
on Jobs and Competitiveness, the office of US Citizenship and
Immigration Services (USCIS) announced a plan to bring a tactical team
of business experts from the private sector into the federal government
to help streamline the process for letting foreign entrepreneurs into
the United States to help ignite a new wave of economic growth.
The Chilean government also put in place a strategy to
encourage entrepreneurs irrespective of country of origin. Thus, they
came up with a programme where anyone with a compelling start-up idea,
gets a $40,000 grant from the Chilean government to move to the country
and establish the business. The Chilean embassy will grant the person a
one-year visa within days. When you arrive in Chile, you will have free
offices, fast Wi-Fi and other necessary infrastructure needed to move an
enterprise forward.
Between Banks and the Economy
Banks and financial institutions on the other hand
contribute to economic development and the improvement in living
standards by providing various services to the rest of the economy
through clearing and settlement systems to facilitate trade, channelling
financial resources between savers and borrowers, and various products
to deal with risk and uncertainty. The banks’ role as financial
intermediaries has a major bearing on how efficiently the economy
allocates its resources between competing uses.
A commercial bank is basically a collection of investment
capital in search of a good return by granting loans and extending
credit to people who can pay it back on the bank’s terms. Thus, banks
specialise in assessing the credit worthiness of borrowers and providing
an ongoing monitoring function to ensure borrowers meet their
obligations. They are rewarded for these services by the spread between
the rates they offer to the accumulated pool of savers, and the rates
they offer to potential borrowers. This process is at the heart of
modern banking. However, the question can be asked on whether the
structure of Nigeria’s financial system is optimal for the economic growth outcomes the country would like to achieve.
It is somewhat difficult to measure the impact of banks
financing in providing support for entrepreneurs in Nigeria. However,
there have been some success stories and leading lights that signpost
Nigeria’s entrepreneurial spirit; Aliko Dangote owns the Dangote group,
conglomerate with interests that cover food processing, cement
manufacturing, and freight. The company operates in Nigeria and other
African countries, including Benin, Cameroon, Ghana, South Africa, Togo,
Tanzania, and Zambia. The Dangote Group employs over 11,000 people.
Oba Otudeko, an astute and highly successful investor and
entrepreneur whose Honeywell Group invests in diverse sectors of the
economy since its inception in 1972 has grown to become one of Nigeria’s
leading indigenous conglomerates. The Honeywell Group is now a major
diversified group engaged in select businesses in key sectors of the
Nigerian economy, namely; foods and agro-allied, energy (oil, gas and
power), infrastructure, services and real estate, and through other
portfolio investments the Group is also a significant provider of
capital to other sectors of Nigeria’s economy. Honeywell Group which
employs over 10,000 people. In the services sectors, Jim Ovia and Tony
Elumelu stand out. Ovia is the promoter and founder of Visafone and was a
co-Founder of Zenith Bank Plc while Tony Elumelu is the Chairman of
Heirs Holdings, the United Bank for Africa amongst other interests.
These entrepreneurs through their businesses have at
certain times enjoyed and continue to enjoy the support of the Nigerian
banking and financial system through loans and credits with which the
businesses are funded for growth and expansion. It is fair therefore to
conclude that the Nigerian economy is fueled by entrepreneurship and
funded by the banks. These two must work hand in hand as one surely
cannot exist without the other, the relationship banks have with their
customers and businesses must therefore be maintained with a degree of
professionalism as expected from a well-regulated sector.
Between Banks and Entrepreneurs
Due to the numerous risks that are inherent in
commercial/contractual transactions, disputes are often times
inevitable. The banker – customer relationship being contractual in
nature is not exempted. With the pivotal role of banks in the growth of
entrepreneurship in Nigeria, it is essential that there is a strict
adherence to professional and ethical standards within the industry and
also a framework for the resolution of disputes arising from a departure
from established standards and practices.
One of the initiatives set up to address customer
complaints and disputes arising from banking practices was the
establishment of a sub-committee on “ethics and professionalism” by the
Bankers’ Committee. The Bankers’ Committee is an umbrella body
comprising the Central Bank of Nigeria and commercial banks.
Whilst the Sub-committee on Ethics and Professionalism has
resolved over 1000 cases/petitions since its establishment in December,
2000, the Sub-committee’s ability to ensure compliance by the Banks
with its decisions remains a critical issue. Can entrepreneurs rely on
the Sub-committee to ensure that all banks adhere to the code of ethics
and professionalism? Can the decision of the Sub-Committee compel a bank
to honour its commitments/responsibilities to a customer? The ongoing
situation between Honeywell and Ecobank highlights these issues and the
impact they can have on the growth of entrepreneurship and the economy.
Between Honeywell and Ecobank
The facts as publicly available from the ongoing court
proceedings as instituted by both parties revealed that Honeywell
Group through three of its companies (Anchorage Leisure’s Limited,
Siloam Global Services and Honeywell Flour Mills) obtained various
banking facilities from Oceanic Bank. These facilities were subsequently
inherited by Ecobank Nigeria Limited upon its acquisition of Oceanic
Bank.
Due to various factors and within established norms of
banker/customer relationships, Honeywell Group, in 2012, commenced
discussions with Ecobank for a full and final settlement of its
obligations to the bank. At a meeting in July 2013 between the two
organisations which was led by the Chairman of Honeywell Group on one
hand and the MD/CEO of Ecobank on the other hand, an agreement was
reached for the payment of N3.5 billion in full and final settlement of
Honeywell’s indebtedness to Ecobank. An initial andimmediate good faith
payment of N500 million was made and a balance of N3 billion
paid subsequently, making a total of N3.5billion paid in accordance with
the agreements reached..
Ecobank duly acknowledged the cumulative payment of N3.5
billion in a letter dated February 2014 and agreed to update its records
with the credit registry. Surprisingly to Honeywell, Nine months after
payment was effected, , Ecobank informed Honeywell that it did not
obtain board approval for the agreement. This feedback was obviously not
acceptable to Honeywell as the agreement was reached with the Managing
Director of the bank, who ordinarily should be able to bind the bank on
agreements of such nature and further documented in numerous
correspondence. This thus became a basis of dispute between Honeywell
Group and Ecobank as it was clear to Honeywell that it had fulfilled its
obligations to Ecobank based on agreements reached.
The dispute was submitted to the Bankers Committee,
Sub-Committee on Ethics and Professionalism and a ruling was issued by
the committee in July, 2015 to the effect that “the agreement between
Honeywell Group and Ecobank to pay N3.5 billion as full and final
payment of the borrowers’ indebtedness is valid and should be complied
with.”
Ecobank till date has not adhered to this ruling. Both
parties have filed suits at the Federal High Court with respect to the
matter.
When contacted, the Head, Legal and Regulatory affairs of Honeywell Group, said “We have been surprised by the
actions of Ecobank, which have been very inconsistent and short of the
standards expected of a bank of its standing. In our opinion, there was a
valid agreement to pay a sum in full and final settlement of our
obligations and we have met our part. Independent third parties have
also attested to this fact. Are Managing Directors of banks no longer
recognized agents, able to bind their organizations to agreements? Why
did it take the bank 9 months to realize they didn’t have board approval
for their Managing Director’s actions? Does Ecobank, which subjected
itself to the hearing by the Bankers Committee, Sub-Committee on Ethics
and Professionalism, not believe it is accountable to the Bankers
Committee, because the ruling was not in their favour? What is the
objective of the bank in making multiple filings before different judges
in the same Federal High Court?
As stated earlier, this dispute will no doubt raise
serious concerns in the minds of most entrepreneurs in Nigeria as
funding from banks is critical to the running of most businesses. Will
the banks respect the sanctity of agreements reached with their
customers? What recourse is available to entrepreneurs when banking
standards and decisions are not adhered to? How is compliance to
standards and codes enforced in the banking industry?
Without a resolution of the issues highlighted above,
entrepreneurship will gradually become stifled and the impact on the
budding Nigerian economy may be colossal.
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