Ecobank Plc has been ordered to make good its obligation under the Advance Payment Guarantee No ENG/PH/GO394A as security for the release of the sum N629 million to Skye Bank Plc.
This order was handed down by the Bankers Committee which told Ecobank that the terms of the APG “was binding while No. 2 APG was unilateral and not binding. Therefore, it was not enforceable.”
Skye Bank’s decision to call in the APG, the Bankers Committee noted “was called within its validity period, there is no provision in place for extension of the guarantee.”
Skye Bank had reported Ecobank to the Bankers Committee claiming that “Ecobank had blatantly refused to hounour its terms under the guarantee as their customer had delivered only 222 generating sets out of the total number leaving a short fall of 532 generating sets valued at N442, 317, 150. 00. It is therefore apparent that Ecobank Plc was in breach of its obligation and does not desire to remedy the situation.”
