AN APPRAISAL OF THE PRIVATISATION AND COMMERCIALISATION LAW AND POLICY IN NIGERIA

TABLE OF CONTENTS
Title page
Abstract
Table of Contents

CHAPTER ONE: GENERAL INTRODUCTION
1.1       Background to the problem
1.2       Statement of the problem
1.3       Objective of the Research
1.4       The Scope of the Research
1.5       Research Methodology
1.6       Literature Review
1.7       Justification
1.8       Organisational Layout

CHAPTER TWO: PRIVATISATION OF ENTERPRISES IN NIGERIA
2.1       Introduction
2.2       The Concept of Privatisation
2.2.1 Partial Privatisation
2.2.2 Full Privatisation
2.3       Mode of Privatisation
2.4 Concluding Remark

CHAPTER THREE: COMMERCIALISATION OF ENTERPRISES IN NIGERIA
3.1 Introduction
3.2       The Concept of Commercialisation
3.2.1 Partial Commercialisation
3.2.2 Full Commercialisation
3.3       Modes of Commercialisation
3.4       Concluding Remark

CHAPTER FOUR: THE REGULATORY FRAMEWORK ON PRIVATISATION AND COMMERCIALISATION IN NIGERIA
4.1 Introduction
4.2       National Council on Privatisation
4.3       The Bureau of Public Enterprises
4.4       The Public Enterprises Arbitration Panel
4.5       Concluding Remark

CHAPTER FIVE: PRIVATISATION AND COMMERCIALISATION POLICY IN NIGERIA
5.1 Introduction
5.2       The Birth and Motive of the Policy
5.3       The objectives of the policy
5.4       The Positive Impact on the Nigerian Capital Market
5.5       Economic Development
5.6       Private Sector Investment
5.7 Foreign Investment
5.8       Ownership and Control
5.8.1 Management
5.9       Concluding Remarks

CHAPTER SIX: CONCLUSION
6.1 Summary
6.2       Findings
6.3       Recommendations
            Appendix
            Bibliography


ABSTRACT
A global trend has emerged aimed at reducing government’s involvement and attracting private partnership in the economy. This global trend came about through the process of privatisation or both privatisation and commercialisation of government owned enterprises. The reasons offered for this economic policy vary from country to country. In Nigeria, as part of its programmes of National Economic Reforms, the Federal Government introduced privatisation along with commercialisation. The research which focused on law and policy in the privatisation and commercialisation process sees the spirit and letter of the law as not being given unfettered expression in terms of implementation in accordance with the existing legislations on the policy. The apparent ineffectiveness and inefficiency of the programme leaves one in doubt as to whether adequate provisions were not made in the law and policy to succinctly swathe the operations of the programme; hence the investigation of the law and policy. The regulatory framework on privatisation and commercialisation set up by the Nigerian Government is a matter of law, which has been juxtaposed among the government agencies. The research adopted a doctrinal methodology with considerable attention to both primary and secondary materials through which relevant laws on or connected to the programme from 1987 till date was examined. Certain findings were made which included the fact that Section 1(3) and Section 6(3) of the Act offend the provision of Sections 4(1), (4), (a), (b) of the CFRN, 1999 (as amended) and paragraph 17(b) of the Concurrent Legislative List of the Constitution and by virtue of Section 315(1) (a) of the CFRN 1999 (as amended) as an Act of the National Assembly who can constitutionally exercise the power and not the Council (NCP). Furthermore, Section 19 (1) of the Act establishing opening Privatisation Proceeds Account and subsection (2) providing that such funds be utilized for such purposes as may be determined by the Government of the Federation contradicts Section 162(1) of the CFRN, 1999 (as amended) dealing with the Federation Account. Equally, the Act does not provide for measures to probe and punish erring officers of the Bureau. This work also discovered that the Act does not provide for post-privatisation regulations to regulate the activities of privatised enterprises.


CHAPTER ONE
GENERAL INTRODUCTION
1.1              Background to the Problem
A global trend has emerged aimed at reducing government‘s involvement in the economy. This global trend came about through the process of privatisation or both privatisation and commercialisation of government owned enterprises. In Nigeria, as part of its programmes of National Economic Reforms, the Federal Government introduced privatisation along with commercialisation. Thus, commercialisation was conceived as an alternative to privatisation in some cases.1 That is to say, commercialisation was introduced as an alternative to privatisation which was deemed inappropriate.

The reasons offered for this economic policy vary from country to country. For example, in Britain it was resorted to as ―an ideologically based program, devised and driven by a powerful leader, motivated by a combination of intellectual conviction of the benefits of free markets and hatred of the power of organised labour‖.2 In some jurisdictions, commercialisation is not used in the same context as it is being used in Nigeria. Thus in Jurisdiction like South Africa, it is believed that commercialisation is one of the phases of privatisation. Hence, it was submitted that ―the entity should first be corporatized, then commercialized, but in South Africa, Privatisation3 was perceived, and thus, embraced as a veritable instrument in the restructuring of its troubled economy.4 This is in tandem with reasons given by the International Monetary Fund (IMF), which universalized the.....

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