CHALLENGES AND PROSPECTS OF PRIVATIZATION OF SECURITY IN NIGERIA: A LEGAL PERSPECTIVE

By PROF.Wahabegbewole 10TH JUNE, 2014. Delivered at nigerian army school of education, sobi, ilorin eabdulwahab@yahoo.co.uk 07031084046 CHALLENGES AND PROSPECTS OF PRIVATIZATION OF SECURITY IN NIGERIA: A LEGAL PERSPECTIVE

INTRODUCTION • CONCEPT OF PRIVATIZATION • EVOLUTION OF PRIVATIZATION IN NIGERIA • SECURING NIGERIA: CONSTITUTIONAL MANDATE • PRIVATIZING SECURITY? • CHALLENGES & PROSPECTS OF PRIVATIZING SECURITY • CONCLUSION OUTLINE

ENVIRONMENTAL SCANNING OF NIGERIAN ECONOMY • WHY PRIVATIZATION? • INDEGINIZATION POLICY AS FOUNDATION OF INDEPENDENCE • MILITARY AND NIGERIAN ECONOMY • PUBLIC ENTERPRISES AND PUBLIC CORPORATIONS • RECESSION AND SAP • REGIME OF PRIVATIZATION INTRODUCTION

Government and running business • Government have no business doing business. • Trajectory of government in business in Nigeria • Privatization as escape route • Privatization and its objectives-government to concentrate on governance, performance efficiency, decongest the pressure on government treasury, fund raising drive CONCEPT OF PRIVATIZATION

Experience from other climes-public share issue, proportional sale, workforce or management buy off, dilution of public sector, • No success story to rely on? Spain, Portugal, France, Germany, Turkey • Attitude as key • World Bank Guidelines for policy makers www.worldbank.org • Constitutional challenges-Section 16 conundrum • Core investors strategy as panacea? CONCEPT OF PRIVATIZATION (CONTD)

Oil glut as the basis • IMF conditionalities as catalyst • Structural Adjustment Programme (SAP) as vehicle • Privatization and Commercialization Act as first step • Gamaliel Onosode Presidential Commission by President Shagari- real first step-increased role of private sector recommended • Technical Committee on Privatization and Commercialization (TCPC) led by Dr Hamzah Zayyad-88 of the 111 government enterprises listed for privatization EVOLUTION OF PRIVATIZATION IN NIGERIA

Bureau of Public Enterprises Act established by Decree No.28 of 1993 creating another implementation committee • Regime of full privatization as against partial by PCA • Public Enterprises (Privatization and Commercialization) Act, 1999- Gen. Abdulsalam’s own contribution • Obasanjo’s addition of National Council on Privatization- Imperative of Privatization tirade EVOLUTION (CONTD)

Essence of government • Security of a nation is key to development • Sections 217 & 218 of the Constitution • Internal and external aggression matrix • Citizens buy-in on security • Necessity of abdication of duty? SECURING NIGERIA: CONSTITUTIONAL MANDATE

Suicide Mission • Nigerian Project and challenge of imbalance • The ethnic dimension imbroglio • Religious bigotry and its catastrophic consequences PRIVATIZING SECURITY?

Privatization ups & downs • Selling commonwealth for private enclave • Government and business-no meeting point • Security as a commonwealth • Nobody and all peoples’ affair • Ship in or ship out CHALLENGES AND PROSPECTS

Regulated Privatization • Corruption as a major disincentive • National Conference and the regime of recapitulation • Security is the business of government • Current security challenges and the need for concerted efforts CONCLUSION

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CHALLENGES AND PROSPECTS OF PRIVATIZATION OF SECURITY IN NIGERIA: A LEGAL PERSPECTIVE