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Globus, Peter Mbah & Fidelity. |
A concerned citizen of Enugu State, and a legal practitioner, Barr. Omeke Osmond, has written the management of two banks situated in Lagos: Fidelity and Globus banks not to lend the proposed loan sum of N170 bn to the Governor Peter Ndubuisi Mbah-led Enugu state government.
The
Enugu state government recently requested the Enugu State House of Assembly to
approve a loan of N170bn for capital projects which they have already approved.
But
irked by the request, Osmond in the letter written to the banks captioned:
“Re-demand for Immediate Suspension of the Proposed N120 billion loan sum for
Enugu State Government as same offends the Enugu State Fiscal Responsibility
Law 2018,” asked the banks to suspend the loans forthwith or risk legal action
and a possible losing of such monies.
The
legal practitioner posited that the loan far exceeded the borrowing limit open
to a state government and as such should be declined.
“Take
further notice that in an event that you fail to suspend the proposed loan for
the above obvious reasons and proceed to lend the aforesaid loan sum which
exceeds the total amount borrowable under the law, I shall not hesitate to set
the law in motion against you without further notice to you and as such
litigation may result in your bank losing the capital,” he intimates.
The
petitioner made it clear that giving the loan to Enugu state government will
run foul of the Enugu State Fiscal Responsibility Law of 2018 and for this
reason, they should desist from acceeding to the loan request.
The
letter reads in part this: “As a concerned son of Enugu State and a legal
practitioner, I wish to write this letter and state as follows: that on the 9th
day of October, 2023, the Enugu State House of Assembly approved the total loan
sum of N170 bn in favour of Enugu state government from Nigeria financial
institutions in which the sum of N50bn would be provided by your bank for
prompt payment of recurrent expenditure.
“Admittedly,
it is not anybody’s concern when a state government take up a loan but this
narrative changes immediately such exercise runs violent and contrary to the
laid down rules and practical procedure on borrowing. To this end, as a concerned citizen of the
state, I am persuaded to write you having observed and discovered that the
proposed loan facility if executed contract is some clear and express provision
of the extra Enugu State laws on borrowing.
“Clearly,
among the involved legal crisis as follows: that the amount proposed as loan
stands taller and or better still, exceeds the maximum amount or benchmark
authorised by the law.
“That
the law forbids any borrowing for recurrent expenditures which houses and
accommodates payment of salaries….”
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