E-ISSN: 6575-5565
P-ISSN: 3427-2556
DOI: https://iigdpublishers.com/article/1604
The financial system in Nigeria, much like those in advanced economies, has long grappled with the dual challenges of unstable liquidity flows and the need for prudent fund management mechanisms. The Nigerian banking sector evolved from an unregulated, colonial-era framework that often led to frequent distress and bank failures due to weak legislative oversight. This paper examined the legal frameworks, governance structures, and enforcement powers of bank resolution authorities in Nigeria and the United States. The papers adopted the doctrinal method of legal research. In Nigeria, resolution functions are primarily distributed among the Central Bank of Nigeria (CBN), the Nigeria Deposit Insurance Corporation (NDIC), and the Assets Management Corporation of Nigeria (AMCON), with the CBN acting as the principal regulator and supervisory authority. Conversely, the United States employs a multi-agency framework involving the Federal Reserve System as the central bank, the Office of the Comptroller of the Currency (OCC) for federally chartered national banks, and the Federal Deposit Insurance Corporation (FDIC) serving as both insurer and orderly resolution authority. A critical evaluation of these regimes revealed differing institutional approaches: while Nigeria concentrates both supervisory and resolution powers within its central bank, the United States separates these functions across specialized agencies. Furthermore, judicial interpretations in the U.S. have occasionally supported regulatory flexibility for large financial institutions, drawing academic scrutiny regarding systemic risks. To improve the Nigerian banking sector, the paper recommended the enhancement of the operational independence of resolution authorities by transferring resolution functions away from the CBN to avoid conflicts of interest, alongside expanding early intervention powers to prevent bank failures. The Paper concluded that while in some jurisdiction, the resolution powers and the supervisory powers are vested in one Agency; other resolution regimes confer resolution and supervisory powers on separate Agencies.
Aliyu Hussaini LLB, BL, LLM, PhD
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