GTBank Drags Executives of 13 Banks to Court Over N17bn Anchor Borrowers Programme Loan

Guaranty Trust Bank (GTBank) has dragged top executives from 13 commercial banks into court. This legal battle, involving a staggering N17 billion loan under the Central Bank of Nigeria’s (CBN) Anchor Borrowers Programme, has brought to the forefront the intricate details stymieing agricultural development in Nigeria.

The Anchor Borrowers Programme, launched by the CBN in late 2015, was designed with noble intentions. It aimed to boost agricultural production by providing farm inputs and cash to smallholder farmers, thereby stabilizing inputs supply to agro-processors and addressing the country’s negative balance of payments on food. By 2022, the programme had reportedly benefitted at least 4.8 million people, with significant investments funneled into boosting rice production and other critical agricultural activities.

However, the programme has been marred by challenges. Loan defaults have been a significant issue, with a 2023 statement from the CBN’s corporate communications department revealing that only 48% of the loan had been repaid. The CBN disclosed that it had released N1.079 trillion under the programme, out of which over N500 billion was due for repayment.

The GTBank Legal Battle

In the current case, GTBank is entangled in a dispute with AFEX Commodity Exchange Limited over a N17 billion loan issued under the Anchor Borrowers Programme. The bank has accused AFEX of failing to repay the loan, despite extensions and multiple attempts at negotiation. According to GTBank, the outstanding loan comprises N15.77 billion in principal and N2.04 billion in recovery costs.

The situation escalated when Justice CJ Aneke of the Federal High Court, Lagos, directed 20 banks to transfer any funds in AFEX’s accounts to GTBank until the full amount was repaid. Additionally, the court granted GTBank the right to take over and sell commodities stored in AFEX’s 16 warehouses across seven states. The order, dated May 27, 2024, was aimed at securing the repayment of the loan.

However, GTBank claims that the executives of these banks, including chairmen, CEOs, directors, and company secretaries, have failed to comply with the court’s No-Debit-Order on AFEX’s accounts. This alleged non-compliance has led to contempt proceedings against 60 top executives, including those from major banks like Access Bank, Citibank, and Zenith Bank.

AFEX’s Defense Citing Economic Headwinds

AFEX, on the other hand, has defended its position by stating that it has repaid approximately 90% of the loan. The company attributed the difficulties in repaying the remaining amount to significant macroeconomic and policy challenges that affected the farmers who received the loans.

“Over 800,000 hectares of farmland were financed through the course of the programme’s operationalisation,” AFEX explained in a statement. “However, significant macro and policy headwinds, including the cash crunch on the back of the Naira redesign policy, severely impacted the productive capacity and market participation of the smallholder farmers in the 2022/2023 season.”

This situation, according to AFEX, led to a drastic reduction in repayment rates from the farmers, dropping to less than 40% from previous rates of 90%. The lingering effects of the cash crunch have continued to impact the farmers, who were forced to sell their produce at below-market value to sustain their families, thereby hindering their ability to repay the loans.

Against this backdrop, AFEX has called on the CBN to activate the collateral guarantee clause included in the Anchor Borrowers Programme, which covers up to 70% of the loan. The exchange has engaged in discussions with both GTBank and the CBN, highlighting the limitations faced by the defaulting farmers and suggesting the activation of the risk-sharing structure put in place for the programme.

“Evidenced in the attached letters, our engagements with Guaranty Trust Bank Limited, a Participating Financial Institution in the program, as well as the apex bank have seen us highlight these limitations on the part of the defaulting farmers with suggestions being made to the CBN to activate the risk-sharing structure put in place for the program and release funds accordingly to sustain activities and allow for needed recovery efforts in our agriculture sector,” AFEX stated.

This legal tussle between GTBank and AFEX, with the involvement of multiple banks’ executives, is not just a matter of compliance by a court; it is a reflection of broader issues within Nigeria’s financial and agricultural sectors.

The Anchor Borrowers Programme was initially seen as a groundbreaking initiative to address food security and enhance agricultural productivity. However, the programme’s challenges, including loan defaults and economic mismanagement, have undermined these goals.