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History of the CBN
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G. D. Paton Report
The period 1892 - 1952, there was an enquiry by the then colonial
administration to investigate banking practice in Nigeria. The G. D. Paton
Report which emanated from the enquiry was the basis for the first Banking
Ordinance of 1952. The ordinance was designed to ensure orderly commercial
banking and to prevent the establishment of unviable banks. A draft legislation
for the establishment of Central Bank of Nigeria was presented to the House of
Representatives in March, 1958. The Act was fully implemented on 1 July, 1959
when the Central Bank of Nigeria came into full operations.
Central Bank Act, 1958
The Central Bank Act, 1958 (as amended) and the Banking Decree 1969 (as
amended) constituted the legal framework within which the CBN operates and
regulates banks. The wide range of economic liberalization and deregulation
measures following the adoption, in 1986, of a Structural Adjustment Programme
(SAP) resulted in the emergence of more banks and other financial
intermediaries. The Banks and Other Financial Institutions (BOFI) Decrees 24 and
25 of 1991, which repealed the Banking Decree 1969 and all its amendments, were,
therefore, enacted to strengthen and extend the powers of CBN to cover the new
institutions in order to enhance the effectiveness of monetary policy,
regulation and supervision of banks as well as non-banking financial
institutions. Unfortunately in 1997, the Federal Government of Nigeria enacted
the CBN (Amendment Decree No. 3 and BOFI (Amended)] Decree No. 4 in 1997 to
remove completely the limited autonomy which the Bank enjoyed since 1991.
The 1997 amendments
The 1997 amendments brought the CBN back under the supervision of the
Ministry of Finance. The Decree made CBN directly responsible to the Minister of
Finance with respect to the supervision and control of bank and other financial
institutions, while extending the supervisory role of the bank to other
specialised Banks and Financial Institutions. The amendment placed enormous
powers on the Ministry of Finance while leaving the CBN with a subjugated role
in the monitoring of the financial institutions with little room for the Bank to
exercise discretionary powers.
The 1998 amendments
The CBN (Amendment) Decree No. 37 of 1998 which repealed the CBN
(Amended) Decree No. 3 of 1997. The Decree provided a measure of operational
autonomy for the CBN to carry out its traditional functions and enhances its
versatility.
The CBN Act, 2007
The current legal framework within which the CBN operates is the CBN
Act of 2007 which repealed the CBN Act of 1991 and all its amendments. The Act
provides that the CBN shall be a fully autonomous body in the discharge of its
functions under the Act and the Banks and Other Financial Institutions Act with
the objective of promoting stability and continuity in economic management. In
line with this, the Act widened the objects of the CBN to include ensuring
monetary and price stability as well as rendering economic advice to the Federal
Government.
The BOFI (Amendment) Decree, 1998
Furthermore, the regulatory powers of the CBN were strengthened by the
Banks and other Financial Institutions (Amendment) Decree No. 38 of 1998 which
repealed BOFI (Amendments) Decree No. 4 of 1997. Through the amendments, the CBN
may vary or revoke any condition subject to which a license was granted or may
impose fresh or additional condition to the granting of a license to transact
banking business in the country.
By the Decree, the CBN's powers on banks, specifically those relating to withdrawal of licenses of distressed banks and appointment of liquidators of these banks, including the NDIC was restored.
The 1999 amendment
The BOFI (Amendment) Decree No. 40 of 1999 makes the provisions
relating to failing banks applicable to other financial institution. It also
empowers the Governor of the CBN to remove any manager or officer of a failing
bank or other financial institution.
The Money and Capital markets
The CBN has also taken responsibility for nurturing the money and
capital markets. In furtherance of this, the CBN introduced treasury bills in
1960, treasury certificate in 1968, and facilitated the establishment of Lagos
Stock Exchange in 1961 and the capital issue committee now known as the
Securities & Exchange Committee in the early 1970s.
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