rule of law

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DOING IT RIGHT: A RULE OF LAW CRITIQUE OF PRIVATIZATION METHODOLOGY IN NIGERIA

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Sam Amadi*

ABSTRACT

This article undertakes a rule of law critique of privatization as economic reform policy in Nigeria. The rule of law approach interrogates not just the policy rationales of the programme but also its methodology. The article distinguishes between a formal and substantive justice conception of rule of law and argues that the substantive justice conception of rule of law and its policy imperatives, sourced from the Fundamental Objectives and Directive Principles of State Policy in Chapter 2 of the 1999 Constitution, provides a veritable framework to realize the strategic goals of privatization in Nigeria.

Keywords: Privatization, rule of law, justice, efficiency, economic growth, equality, fundamental human rights, social justice.

DOI: https://dx.doi.org/10.4314/jsdlp.v10i1.4

* LLB (Calabar), BL, LLM, MPA, SJD (Harvard), Senior Lecturer, Faculty of Law, Baze University, Abuja. Email: samadi29@yahoo.com

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THE RULE OF LAW APPROACH TO REGULATING ELECTRICITY SUPPLY IN NIGERIA

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Sam Amadi*

ABSTRACT

With the transfer of government shares in 17 electricity generation and distribution companies in November 2013, Nigeria crossed the Rubicon in the privatization process. This process began in earnest in 2003 with the liberalization of the telecom sector as part of a strategic reform to improve efficiency in these utility sectors. So far, privatization has not improved the quality of service in these sectors. The problem has been traced to the failure of regulation. The major problem is that the regulatory regime had not matured before privatization. This immaturity manifests mostly in the failure to protect consumer interests. This article reviews regulatory deficits post-privatization. It assesses potential conflict between principles of market orthodoxy and those of constitutional governance and argues for a rule-of-law approach to regulation post-privatization that is focused on blending of promotion of market efficiency and protection of fundamental rights.

Keywords: Liberalization, Privatization, Regulation, Market Efficiency, Rule of Law

DOI: https://dx.doi.org/10.4314/jsdlp.v8i2.2

* LL.B (Calabar), LL.M, MPA, SJD (Harvard), Senior Lecturer, Faculty of Law, Baze University, Abuja, Nigeria; formerly Chairman and Chief Executive, Nigerian Electricity Regulatory Commission (NERC) 2010-2015. Correspondence e-mail: samadi29@yahoo.com