Published online by Cambridge University Press: 28 February 2013
The Nigerian Enterprises Promotion Decree of 1972, which was promulgated in Nigeria after the country gained its independence from Britain, put in place a framework for the varied transfer of equity ownership of expatriate businesses to Nigerians. The decree was replaced by a more stringent order in 1977. Despite the extensive research on the Nigerian indigenization episode, there have been few studies on the role of the British government in the entire exercise. This paper, using newly available evidence from the National Archives London, investigates the role played by the British government during the indigenization episode. Evidence in this paper suggests that the British government explored various strategies, orthodox and unorthodox, in its bid to protect British business interests in Nigeria during the period.
1 Before 1960, when it gained political independence, Nigeria, the most populous African country, was a British colony. The country has three main ethnic groups: Hausas (north), Yorubas (west), and Ibos (east). Political and social tensions in the country regularly reflected both ethnic and religious differences.
2 The nationalization of the oil industry in Nigeria, which closely followed the strategy used by other member states of the Organization of the Petroleum Exporting Countries (OPEC), which it joined in 1971, was not covered by this legislation. It is thus outside the scope of this article. For a summary of events that took place in the Nigerian oil industry, see Uche, Chibuike, “British Petroleum vs. the Nigerian Government: The Capital Gains Tax Dispute, 1972–79,” Journal of African History 51 (2010): 167–88CrossRefGoogle Scholar.
3 See Federal Republic of Nigeria, Second National Development Plan, 1970–74: Programme of Post-War Reconstruction and Development (Lagos, 1970), 239Google Scholar. Prior to nationalization, the Nigerian economy was dominated by foreign businesses. See Akeredolu-Ale, Ekundayo, “Private Foreign Investment and the Underdevelopment of Indigenous Entrepreneurship in Nigeria,” in Nigeria: Economy and Society, ed. Williams, Gavin (London, 1976), 109Google Scholar; and Odufalu, Johnson, “Indigenous Enterprise in Nigerian Manufacturing,” Journal of Modern African Studies 9 (1971): 599CrossRefGoogle Scholar.
4 See Economic and Commercial Department, British High Commission File Notes, April 1972, British National Archives (hereafter BNA), Board of Trade (hereafter BT) 241/2558.
5 See Wilson McMeekin (Department of Trade and Industry, hereafter DTI) to John Wilson (Foreign and Commonwealth Office, hereafter FCO) confidential letter, 9 Feb. 1972, BNA FCO 65/1220. See also P. J. Goulden to John Wilson, confidential internal memo of the FCO dated 13 July 1972 (BNA FCO 65/1221).
6 See Beveridge, Fiona, “Taking Control of Foreign Investment: A Case of Indigenization in Nigeria,” International and Comparative Law Quarterly 40 (1991): 302–33CrossRefGoogle Scholar; Ndongko, Wilfred, and Abraham, Emmanuel, “The Problems and Prospects of Implementing Nigeria's Indigenization Policy,” Afrika Spectrum 17 (1982): 67–86Google Scholar; Ejiofor, Pita, “The Limitations of Indigenization Decree,” Nigeria Trade Journal 27 (1980): 35–41Google Scholar; Tobi, Niki, “The Nigerian Enterprises Promotion Act,” Journal of World Trade Law 15 (1981): 543–53Google Scholar; Ekukinam, Asumoh, “Economic Revolution that is Becoming,” Nigeria Trade Journal 24 (1977): 8–10Google Scholar; Maiyekogbon, Seth, “Nigerian Indigenization Policy Revisited,” Nigerian Business Digest 62 (1981): 3–6Google Scholar; Goel, R. K., “Indigenization: Corporate Control by Nigerians, A Plea for Company Law Reform,” Nigerian Current Law Review (1982): 232–39Google Scholar; and Ezeife, Emeka, “Nigeria,” in Indigenization of African Economies, ed. Adedeji, Adebayo (London, 1981), 164–86Google Scholar. Zayyad, Hamza, “Commercial Banks in the Indigenization of Commerce and Industry in Nigeria: Problems and Prospects,” Nigerian Journal of Public Affairs 3 (1973): 5–11Google Scholar; Teriba, Owodunni, “Financing Indigenization,” Quarterly Journal of Administration 9 (1975): 159–76Google Scholar; Asabia, Samuel, “Impact of the Nigerian Enterprises Promotion Decrees on the Banks and Other Financial Markets,” Quarterly Journal of Administration 3/4 (1982): 129–50Google Scholar.
See Hoogvelt, Ankie, “Indigenization and Foreign Capital: Industrialisation in Nigeria,” Review of African Political Economy 14 (1979): 56–68CrossRefGoogle Scholar; Balabkins, Nicholas, Indigenization and Economic Development: The Nigerian Experience (London, 1982)Google Scholar; and Verhoef, Grietjie, “Economic Empowerment and Performance: Strategies towards Indigenization: Black Economic Performance of such Enterprises in Nigeria and South Africa, since the Early 1970s to 2002,” Journal of Contemporary History 29 (2004): 92–118Google Scholar. See also Biersteker, Thomas, Multinationals, the State and Control of the Nigerian Economy (Princeton, 1987)CrossRefGoogle Scholar; Sanda, Akinade, The Challenges of Nigeria's Indigenization (Ibadan, 1982)Google Scholar; Inanga, Eno, “The First Indigenization Decree and the Dividend Policies of Nigerian Quoted Companies,” Journal of Modern African Studies 16 (1978): 319–28CrossRefGoogle Scholar; Bobo, Benjamin, “Multinational Corporations in the Economic Development of Black Africa,” Journal of African Studies 9 (1982): 13–21Google Scholar; Donovan, Jerome, “Nigeria after ‘Indigenization’: Is There Any Room Left for the American Businessman?” International Lawyer 8 (1974): 600–605Google Scholar; Akinsanya, Adeoye, “Multinational Corporations in Nigeria and Issues of Development,” Geneva Africa 23 (1984): 79–96Google Scholar; and Adedeji, Adebayo, “Prospects and Limitations of Indigenization,” in Indigenization of African Economies, ed. Adedeji, Adebayo (London, 1981), 383–95Google Scholar.
7 Lipson, Charles, Standing Guard: Protecting Foreign Capital in the Nineteenth and Twentieth Centuries (Berkeley, 1985), 39Google Scholar.
8 WAC was an umbrella body established by foreign businesses in the country to protect their interests. Fieldhouse, David, Merchant Capital and Economic Decolonization: The United Africa Company, 1929–1987 (Oxford, 1994)Google Scholar and Biersteker, Multinationals, the State and Control.
9 Most archives, including the British National Archives (BNA) London, have a thirty-year rule in this regard. It is therefore not surprising that most historical studies on the operations of multinational companies in Nigeria during the indigenization era tend to contain limited information on the role of the British government in the indigenization process. In comparison to Fieldhouse, Merchant Capital and Economic Decolonization, for instance, the archival sources used in this study are essentially different. This paper relies extensively on the records of the BNA while the Fieldhouse book, which was sponsored by UAC, relied mainly on the records of UAC. Although Fieldhouse also used materials from the BNA, it was mainly for the part of his work that related to the 1930s and 1940s. By contrast, this article has the advantage of access to BNA archival materials relating to the indigenization period (1970s). Furthermore, by focusing on the activities of various British businesses and the dynamics of their relationships with the British government during the indigenization era in Nigeria, this article provides useful insights that go beyond a one-company case study.
10 See John Williams (BHC) to FCO, Confidential Telegram, 12 July 1976, BNA BT 241/2559.
11 See Cyril Pickard (BHC) to Alec Douglas-Home, confidential letter, 15 June 1972, BNA FCO 65/1221.
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38 Lawrence Hope, BHC file notes, 27 Jan. 1972.
39 Examples of businesses listed in “Schedule 1” in the decree were advertising and public relations, block and brick manufacturing, haulage of goods by road, garment manufacture, radio and television broadcasting, and retail trade (except supermarkets).
40 See sections 4 and 5 of the Decree. Examples of affected enterprises affected, listed in “Schedule 2” of the decree, included beer brewing, boat building, bicycle and motorcycle tire manufacture, soft-drinks bottling, construction, cosmetics, department stores, distribution and servicing of motor vehicles and machines, real-estate agencies, and wholesale distribution.
41 The reasoning behind this provision appears to have been the determination of the Nigerian government to prevent companies that had previously understated their profits in the past for tax reasons from presenting different sets of accounts for determining their share prices. See Graves, E., “Indigenization in Nigeria,” Black Enterprise 4 (1973): 50Google Scholar.
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49 See British High Commission Note to the Nigerian Ministry of External Affairs, 20 Mar. 1972, BNA FCO 65/1220.
50 See Lawrence Hope (BHC) to Wilson McMeekin (DTI), confidential letter, 31 May 1972, BNA FCO 65/1221.
51 See British High Commissioner at Lagos to John Wilson (FCO), confidential memo, 19 Feb. 1972, and British High Commissioner at Lagos to Secretary of State for Foreign and Commonwealth Affairs, confidential memo, 15 June 1972, BNA BT 241/2558.
52 See P. J. Goulden to John Wilson, confidential internal memo of the FCO, 13 July 1972, BNA FCO 65/1221. The infiuence of the economic permanent secretaries subsequently came under attack from Nigerian “tycoons,” who felt that the profit motive was endemic in Nigeria and that the future development of the country required the full support of private enterprise. See Richard Parsons (BHC) to John Wilson (FCO), confidential letter, 8 May 1972, FCO 65/1221.
53 See John Wilson to P. J. Goulden, undated memo, BNA FCO 65/1221.
54 Ibid.
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57 See BHC file notes, 1 Aug. 1972, BNA FCO 65/1221.
58 Ibid.
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70 See Hope to McMeekin, confidential letter, 31 May 1972.
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80 See L. G. Faulkner (BHC) to Harold Formstone (DTI), 15 July 1976, BNA BT 241/2559.
81 See John Williams (BHC) to FCO, confidential telex, 9 July 1976, BNA BT 241/2559.
82 See Section 7 (1) of the NEPD 1977.
83 See Harold Formstone to Secretary of State for Trade, internal Board of Trade memorandum, 12 Aug. 1976, BNA BT 241/2559. See also Secretary of State for Trade, office minute no. 999, 19 July 1976, BNA BT 24/2559.
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89 Ch. 2, par. 29 of the plan.
90 See BHC notes for the records by John Williams, 1 Sept. 1976, BNA BT 241/2559.
91 See Nigerian Chronicle newspaper, 24 July 1976 and 26 July 1976. See also Nigerian Herald newspaper, 24 July 1976.
92 “Transfer Pricing—the pricing of goods and services traded among units of the same multinational corporation—has presented a major problem for African host countries in their relations with MNCs [multinational corporations]. The difficulty largely relates to the inability of African governments to investigate and monitor transfer pricing of commodity trade by multinational corporations. Numerous difficulties African host nations have experienced in this regard arise from four factors in particular: conceptual issues in defining appropriate transfer prices; an imbalanced or uneven incidence of transfer pricing across different industries and by different firms; internal and external problems in gathering data relevant to checking and monitoring intra firm pricing; and, management and procedural problems in monitoring transfer pricing and detecting improper conduct.” See Bobo, , “Multinational Corporations,” 16Google Scholar.
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96 Barclays Bank eventually changed its name to Union Bank of Nigeria Ltd. in 1979.
97 See BHC file notes by John Williams, 20 Aug. 1976, BNA BT 241/2559.
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