Legal issues in the contextual diffusion of independent regulatory agencies in Nigeria

In the last three decades, there has been a phenomenon, akin to a revolution sweeping through the world, leaving in its wake major consequences of economic, political, legal and constitutional dimensions. The role of the state as we know it has been reconstructed beyond recognition. From an all-encompassing monolith that owns, manages, and provides various infrastructures, goods and services directly to the public and also serves as a regulator, it has now been reduced to a mere bystander or an enabler. Its footprints in the sands of economic and political times have diminished. In its place has arisen the regulatory state, characterised by a thinning out of the state; and the emergence of an institutional innovation: the Independent Regulatory Agency. Its rise, growth and diffusion across jurisdictions and sectors, and most recently in developing countries including Nigeria have been unprecedented. This thesis centres on the question whether the Independent Regulatory Agency can function in Nigeria in a manner analogous to its counterparts in the developed economies and be able to ensure the provision of safe, affordable and efficient infrastructures and services. The thesis finds institutional fragility, limited capacity, information asymmetry, corruption and insecurity within critical political, economic and supporting institutions that ideally gives life and legitimacy to the IRA; while essential democratic concepts are adhered to more in the breach. These challenges present a difficult climate in which the Independent Regulatory Agency can thrive. As an alternative, the thesis advocates the adoption of two transitory regulatory models: regulatory contracts and contracting out or outsourcing of functions. Their utilisation would achieve the desired regulatory outcomes until maturity is attained in the political economy of Nigeria, while simultaneously mitigating its contextual limitations.

Grantor dc:publisher.institution

Department of Public Law

Year dc:date.issued

2015

Author dc:creator

• Andzenge, Terhemen

Advisor dc:contributor.advisor

• Corder, Hugh

Language dc:language.iso

eng

Handle dc:identifier.uri

http://hdl.handle.net/11427/16493

OAI identifier oai:identifier

oai:open.uct.ac.za:11427/16493