Abstract
This chapter identifies what the spoilers to the reform of secured transactions law in Nigeria would be and thus proffers solutions to them. It argues that the sufficient availability of credit for borrowing is not the end of the story in the secured transactions law reform. Instead, certain vital infrastructures ranging from socioeconomic to politics and culture must also be rightly put in place before the availability of credit could be of any meaningful assistance in revamping the Nigerian dwindling economy. For instance, there is an urgent need to create a synthesized national database that contains the details of citizens and residents, which would be shared among relevant agencies and sectors to ensure accountability of individuals. In the case of banks, a credit reporting system is necessary to know about the borrowing history of any potential debtor so as to know the level of risk of default. In addition to this, the political landscape has to be smoothened—political will to revise or create a favorable legal framework for credit can only materialize if the gatekeeper laws are tightened to only allow credible politicians to occupy political positions. Lastly, there is need for cultural change—certain cultural practices like marriage and burial are so financially consuming that most youths cannot afford to save and do business, or rather, priority is not in doing business but in satisfying some culturally imposed tasks, notwithstanding the present harsh economy.
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Notes
- 1.
- 2.
A Nigerian lawmaker receives about 1.7 million US dollars annually. See Animasaun (2013).
- 3.
See section 65(2), Constitution of the Federal Republic of Nigeria.
- 4.
In retrospect, it is easy to understand why Nigeria largely took over all statutes in force in England on or before January 1, 1900, during the nascent period of its legal system. This was due to the reality that no one can invent a legal system overnight. However, after half a century of independence, with over 100,000 lawyers, it is shameful for the Nigerian legislators to frequently copy foreign laws almost verbatim without adapting them to fit into Nigerian realities—the incompatibility is usually tumultuous. Currently before the Nigerian Federal Parliament (the National Assembly) is “A Bill for An Act to Consolidate the Enactments Relating to Company, Individual and Cross Border Insolvency and to Make Provisions for Business Rescue and Other Related Matters.” Insolvency law is very vital and “environmentally” sensitive, yet it breaks the author’s heart to learn that the bill is merely a copy of the Insolvency Act, 1986, of England and Wales.
- 5.
In 2015, the Central Bank of Nigeria promulgated a Regulation—(Registration of Security Interests in Movable Property by Banks and Other Financial Institutions in Nigeria) (Regulations, No. 1, 2015)—which applies only to banks and other financial institutions; the essence of the Regulation, which mimics UCC Article 9 model, is to provide access to credit to individuals who may use their personal property as collateral. The Regulation has many issues that compound the current compartmentalized secured transactions law in Nigeria. These issues were thoroughly examined. For details, see generally Iheme and Mba (2016).
- 6.
A famous joke of the last century records that a Buddhist Monk walks up to a hot dog vendor and tells him to make him “one with everything.” The vendor gives him a hot dog, and the Buddhist pays with a $20 bill. After a moment of waiting, the Buddhist asks, “where is my change?” But the vendor smiles and says, “Ahh, change must come from within.” Linked to this book, it is certainly not one with everything—other fundamental structures also must be fixed in order to achieve easy access to credit in Nigeria. It is, however, the author’s hope that if the targeted audience reads this work, change might begin to occur from within.
- 7.
Whenever a foreign law is sort to be adapted and internalized in a different system, the job does not usually stop at adapting and designing a suitable law; it is a huge step forward, though, but other factors must also be fixed. Mary Hiscock et al. alluded to something similar when discussing the internalization of law, which Professor Tajti remarked in his article. See Tajti (2014), p. 178, quoting Hiscock and Caenegem (2014), p. xxv.
- 8.
See the BBC News Report, available at http://www.bbc.com/news/business-26913497. Accessed 24 Apr 2016.
- 9.
See Enonchong (2007), pp. 95 and 97.
- 10.
See Tajti (2007), p. 148.
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Iheme, C.W. (2016). Conclusion: Or Why There Is Still Much Work to Do. In: Towards Reforming the Legal Framework for Secured Transactions in Nigeria. Springer, Cham. https://doi.org/10.1007/978-3-319-41836-0_6
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