AN EXAMINATION OF THE LEGAL IMPLICATIONS OF MORTGAGES AS COLLATERAL IN NIGERIA

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ABSTRACT

The challenge identified by this research was the manner of collaterisation of credits
by financial institutions. It was discovered that due to the volume of funds available at
the disposal of financial institutions as a result of the consolidation exercise and stiff
competition towards making substantial margin of profits, some financial institutions
often comprise or even ignore standard in giving out credit to their customers because
of a combination of factors viz:
 Insider credits
 Desire to make huge profits
 Political reasons
 Ethnic considerations
Thus, as a result of the above factors, financial institutions often get saddled with lots
of bad debts which usually militate against the growth of an organization with the
likelihood of distress and corporate failure since the credits were not given based on business
considerations. To arrest this situation, regulatory authorities like the Central Bank of
Nigeria and the Nigeria Deposit Insurance Corporation should commence the
enforcement of the provisions of the Banks and Other Financial Institutions Act which
provides for various categories of offences and penalties relating to Bank officers who
give credit facilities that were supposed to be backed by security, without such
securities.

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