Development law policy as magic wand to transform Nigerian...

generate significant opposition by concerned interests. Furthermore, the Executive Order might conflict with the underpinning principles of arbitration that are premised on the notion that parties to an arbitration have a right to determine the arbitration institution and arbitrators that will undertake the arbitration proceedings. Given the above, we would rather suggest that an Executive Order should create a National Work Group that will be authorised to review the scheme of the arbitration provisions currently incorporated in the BITS, and the task of proposing how Arbitration connected to Nigeria will have Nigeria as seat of Arbitration.

Maritime matters

This is potentially the largest economic sector outside of hydrocarbons. Nigeria’s maritime sector is estimated to be capable of generating 7 trillion naira annually and 4 million jobs over 5 years. However, to tap revenue from this sector there needs to be an overhaul of policy, institutional, regulatory and legal framework. For instance, the Government needs to immediately implement the policy for Inland Container Depots (ICDS). We have 6 (Six) ICDS spread across the geopolitical zones that can generate at least 15,000 jobs for different levels of manpower. Due to the lack of infrastructure to support business and operations by concessionaires, these depots have not been optimally utilised. 80 per cent of Nigerian trade is diverted to ports in Cotonou and other West African ports. Further to this is the need to review our cabotage regime to stem capital flight and boost capacity for Nigeria’s Shipowners. Despite the enactment of the Coastal and Inland Shipping Act 2003 Nigeria loses an estimated 7 Trillion Naira in the shipping sector. Foreign vessels trade in violation of the Cabotage regime. This is responsible for capital flight. There is a need for immediate enactment of several critical bills pending before the National Assembly. This would facilitate the legal framework to move the maritime sector to the next level. Such bills as the Petroleum Industry Bill (PIB), the Ports and Harbour Bill, Maritime Zones Bill, Ocean Bill etc. are yet to be passed into law. There is also an urgent need to review the Nigerian Shipping Policy of 1987.

Aviation/space

The Aviation Sector requires major reform. Nigeria has no presence in the Aviation business. Nigeria Airways has been long comatose. Foreign aircraft dominate the Nigerian airspace and earn well over a trillion naira to our exclusion. A trillion naira is about a quarter of our entire national budget. A Fly Nigeria Bill will ensure that every government Naira used to purchase a ticket must originate and terminate on a Nigerian carrier. This Fly Nigeria Bill will create an instant market for our national carrier.

On Space, it has been said that that the future of mankind is in Space. Space has many major applications for developing our economy. We will mention at least three examples. First, space can be applied to the energy sector as remote sensing can tell us the quantum of our hydrocarbons. Second, it is the value of space applications to the Maritime sector. Third, it is the link between space and national security. Satellite technology intelligence gives us vital footprints in the national security infrastructure. The growing threat of terrorism and the adverse impact on economic stability can only be checked by intelligence provided by space satellites. We must upgrade our space legislation.

Legal/justice sector issues

The legal and judicial system has experienced legal failure. The judicial system has never really been reformed. The Nigerian judicature is based on the 1875 Judicature Act. The consequence is that cases take too long to resolve. It takes between 5 to 20 years to resolve simple contractual disputes. Investors, whether local and international will not invest in a country where there is no sanctity of contract and simple contractual disputes take between 5 to 20 years to resolve. We must give urgency to this sector and reverse legal failure. A speed of justice policy will reduce delays. In this regard, the National Assembly can consider introducing the Administration of Civil Justice Bill to ensure efficient administration of civil disputes. Also, new methods of dispute resolution should be considered such as Alternative Dispute Resolutions, small claims courts, traditional and customary arbitration. Finally, quasi-judicial administrative tribunals can be established by sector, following the UK example. In England there exist many administrative courts to cover Telecommunications, taxation, transportation, Insurance, Education, Financial Services, Trade, Investments, etc.

Land administration

The Land Use Act created a framework for ascertaining title and therefore it became easy to determine title. It also meant that landholding was major collateral for investment and financing. In doing this the state governors play an administrative role, issuing consents, licenses, permits etc. which has become overwhelming. The process has become clogged and as a result of this clog, the impact of land collateralisation on lending and borrowing is affected. A recent study shows that the housing asset inventory of Nigerian property exceeds six trillion dollars. Most of this is dead capital and is not fungible. There is a need to wake up this six trillion dollars’ worth of dead capital. A Land Use Administration Commission Bill will make the Land Use Act and consent rules more efficient and instill confidence in financial institutions. This will impact positively, collateralisation, lending and borrowing within the financial system.

Anti-corruption

The war against corruption requires an effective strategy. In addition to the strategy of prosecution, it is suggested to consider a 2-year moratorium from criminal prosecution. So legislation may be considered on immunity from criminal prosecution (Moratorium) Act. The Abacha case is now going 20 years with little result. This may be controversial but it is worth considering.

Social security administration

The Federal Government has committed trillions of naira to administer social security to the elderly and vulnerable like the school feeding programme and Trader Moni but there is no legal framework. The standard operating model around the world is the creation of a benefits agency as it is called in England, and a social security agency as it is known in the US, to cater for those who are unable to look after themselves. The government will gain more by giving a legal framework for these benefits. Enacting a Social Security Administration Bill pursuant to Chapter 2 of the Constitution will see to the progressive realization of rights contained in Chapter 2 of the Constitution.

4th branch of government

This was developed by FDR in the 1930s and is why the US came out of the recession rapidly. The 4th branches are regulators who implement decisions of the Executive branch, which is the first branch. They are called the 4th branch because they exercise executive, legislative and quasi-judicial powers. In Nigeria, regulators like NAFDAC, SON, NERC, etc. are part of the 4th branch of government. They can make regulations, enforce them and impose penalties. Unfortunately, there is no standard operating model for these regulators. Most of them lack a basic understanding of their role as the 4th branch of government. It may be worth doing a high-level training workshop on the role of the 4th branch of government. A strong 4th branch of government will improve the efficiency of government.

Conclusion

Development law policy has succeeded wherever it has been applied. It has not been applied in Nigeria. If applied it will result in double-digit growth, more revenue and will pull millions of Nigerians out of poverty. It is strongly recommended that the government should adopt a development law policy as one of its economic policy tools.