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ABSTRACT
What provoked this research is the visibilly wanning national Sovereignty and Jurisdiction of developing Countries
to make choice from options in economic, social and cultural policies
due to globalization. The need to unravel the challenges the regulatory
Legal Frame Work for Foreign investment in Nigeria faces, its impact on our national policies and policy making
mechanisms and finding solutions. The methodology employed in this
research is the doctrinal research. Primary and secondary materials
sourced are analyzed. Foreign investment involves the transfer of a
package of resources including capital, technology, management and
marketing expertise. This can generally be divided into, Foreign Direct
Investment (FDI) and Portfolio Investment
(PI) although loans to government (i.e. foreign debts) have also been
seen as a third category. The purpose of FDI is to acquire a lasting
interest and effective control in the management of an enterprise
without necessarily having majority shareholding. Portfolio Investments
on the other hand, are directed at earning dividends, interests, capital
gains and so on without participating in management.
The Multinational Corporations (MNCs) are major sources of foreign direct investment (FDI).
The regulatory Legal Frame Work is the power of host country through its
law and regulatory bodies, authorities, and agencies to control investment
activities by providing conditions that affect the behaviour of
investors and development of investment to ensure fair and beneficial
operations. These agencies including the Nigerian Investment Promotion
Commission (NIPC), National Office for Technology Acquisition and
Promotion (NOTAP) and Nigeria Oil and Gas Industry Content Development.
The regulatory Legal Frame Work for foreign investment in Nigeria is
confronted with many issues and challenges which make it impossible to
achieve the objectives of government to regulate foreign investment,
such as globalization of policy-making which has led to the erosion of
national sovereignty, narrowed the ability of governments and people to
make choices from options in economic, social and cultural policies;
negative influence of the multinational corporations (MNCs) over
government policies, lack of commitment on the part of government, non
enforcement of penalties and inadequate penalty regimes, ineffective
administrative systems and blind adoption of economic terms “dictated”
by global markets and international institutions amongst others.
Considering that the regulatory legal frame work plays a crucial role in
the economic life of the nation, government should pay adequate
attention to it. Consequently, investment policies and regulations
should be backed by law to enhance enforcement. The findings indentified
in this work show that the penalties in Nigerian Investment Regulatory
Frame Work such as Section 55 CAMA and Section 15 (1)(2) NOTAP are
inadequate and do not have the force of deterrence. Procedure for
exemption of Foreign Company from registration in Nigeria under Section
56 (1)(a)-(d) to the effect that such application should be made to the
Council of Ministers through the Secretary to the Government of the
Federation. The procedure is unnecessarily cumbersome and time wasting
and will discourage donor international organizations and countries
willing to undertake specialist projects under contract with any of the
Governments in the Federation or their agencies. The National Office for
technology Acquirsion and promotion (NOTAP) Act provides for the agency
to vet agreements to be submitted to it by Nigerian Companies
after negotiating and concluding with the Foreign technical partners
and leaves much to be desired in the quest for maximum benefit from
technology transfer and Foreign Investment in Nigeria.
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