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CBN Threatens to Challenge Shady FX Claims in Court

cbn intervention

The Central Bank of Nigeria (CBN) has said it would not pay for any shady or fraudulent foreign exchange (FX) deals that did not meet its rules, following the completion of a detailed audit into several FX forward contracts. 

The apex bank in a document titled Frequently Asked Questions on the Settlement of Undelivered Forward Contracts, published on its website, warned that it was ready to take strong legal action against those found to have broken its rules.

“The CBN is reviewing appropriate legal action against parties found to have violated applicable rules and regulations, based on the findings of the forensic audit.

“The bank will collaborate with law enforcement and regulatory agencies to pursue civil, administrative, or criminal sanctions, as necessary,” the bank said.

In September 2023, the central bank hired Deloitte, a global audit firm, to dig deep into the records of FX transactions done under its Retail Secondary Market Intervention Sales (RSMIS) scheme. The main goal was to check whether the FX requests were genuine and followed CBN guidelines.

The audit revealed several abuses. Some companies submitted incomplete or fake documents. Others tried to import banned items, inflated their invoices, or submitted contracts with inconsistent company names. In some shocking cases, the companies had no real business transactions at all. A few even listed items that had no clear explanation or purpose.

The CBN made it clear it has “no obligation to honour any FX forward request tainted by fraud, misrepresentation or regulatory breach.”

It added that all clean and properly documented contracts had already been paid for, while those that were found to be fake were cancelled, and the Naira deposits returned to the companies involved.

The bank explained that paying for the fraudulent contracts would have “undermined regulatory compliance, encouraged impunity, and unnecessarily depleted Nigeria’s foreign reserves.”

The CBN also said that the audit process was fair, and every bank and client involved was given the opportunity to explain themselves. However, it stated that the process is now complete and that “the matter is closed and not subject to appeal.”

The CBN further warned that only forward contracts that are properly documented and follow all regulations will be considered valid. It stressed that it remains fully committed to “transparency, market integrity, and prudent management of the nation’s reserves.”