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Investors, entrepreneurs, and employers are the lifeblood of every modern economy.
They take risks, mobilise capital, create jobs, generate tax revenues, and drive innovation. Yet, in Nigeria, their rights and investments remain inadequately protected.
While significant legal safeguards exist for workers and employees, there is no comprehensive framework that protects the interests of investors and employers.
This imbalance undermines investor confidence and leaves those who create jobs vulnerable to disruptions — particularly from industrial actions by labour unions.
The real sector is especially exposed, given its large workforce, high fixed costs, and significant sunk investments.
There are worries as well about the seemingly unlimited powers of regulatory institutions.
A robust policy response is therefore imperative — one that creates a fair, predictable, and secure investment climate; protects those who create jobs; and ensures that industrial relations are governed by law, due process, and mutual respect.
Investor and Employer Vulnerability
Investors in Nigeria operate in an environment marked by uncertainty and institutional weakness. Key sources of vulnerability include:
1. Weak legal protection:
There is no comprehensive legislation guaranteeing the rights of investors or shielding them from harassment, arbitrary regulatory decisions, or unlawful shutdowns.
2. Unrestrained union actions:
A growing culture of coercion, intimidation, and impunity among labour unions, resulting in industrial actions that are often out of proportion.
These frequently escalate into large-scale disruptions that paralyze production, inflict huge financial losses, and undermine national economic stability. There is a growing and disturbing incidence of incredibly disproportionate industrial actions.
3. Regulatory unpredictability:
Frequent policy reversals, inconsistent enforcement, and opaque regulatory processes raise business risks and discourage long-term investments.
4. Bureaucratic bottlenecks and weak dispute resolution:
Cumbersome procedures, unauthorized enforcement actions, and protracted legal disputes create delays and uncertainty, undermining investor confidence and productivity.
Together, these factors erode Nigeria’s competitiveness, deter both local and foreign investment, and slow economic growth and job creation.
Economic and Social Consequences
Investor vulnerability carries serious macroeconomic and social consequences.
When investors lose confidence, capital flight intensifies, foreign direct investment declines, and domestic enterprises contract their operations. The resulting chain reaction includes job losses, declining tax revenues, and reduced economic growth.
Unrestrained strikes in strategic sectors such as energy, transport, and health disrupt production, threaten national security, and endanger public welfare. Policy inconsistency and regulatory arbitrariness make long-term planning difficult, deepening Nigeria’s dependence on imports and weakening its industrial base.
Without corrective reforms, these trends will continue to erode national competitiveness, discourage innovation, and diminish Nigeria’s economic resilience.
Policy Objectives
The goal of a new Investor and Employer Protection Framework should be to establish a fair, balanced, and predictable environment for business. Specifically, it should:
• Protect investors and employers from arbitrary actions by regulators, labour unions, and government agencies.
• Rebalance industrial relations to ensure fairness and due process for all parties.
• Safeguard strategic sectors of the economy from disruptions that threaten national stability.
• Promote regulatory and policy stability to reduce uncertainty and enhance competitiveness.
• Ensure accountability and enforcement of laws by unions, regulators, and employers alike.
Policy Recommendations
1. Legal and Institutional Reforms
Nigeria should enact a dedicated Investor and Employer Protection Act to provide a strong legal foundation for safeguarding investors’ rights. The Act should:
• Codify the rights and obligations of investors, employers, regulators, and unions.
• Prohibit unlawful actions such as intimidation, coercion, unauthorized shutdowns, and harassment.
• Establish penalties, damages, and restitution mechanisms for violations.
The Industrial Arbitration Panel (IAP) should be strengthened for faster, impartial resolution of industrial disputes.
An Independent Investment Ombudsman Office should also be created to handle investor complaints and mediate disputes involving government agencies.
2. Labour Relations and Union Accountability
Labour unions play a legitimate role in protecting workers, but their activities must align with the law and national interest. Reforms should include:
• Proportionality of industrial actions
• Designation of strategic sectors — including energy, health, transport, and ICT — as essential services, where strikes are restricted or prohibited.
• Introduction of compulsory arbitration in essential sectors to prevent economic paralysis.
• Clear sanctions and restitution requirements for unlawful strikes that inflict damage on businesses and the economy
• Labour rights should end where those of employers begin. Investors should have as much rights to protect their investment as labour unions have the rights to protect the workers. There is a need for a fair and equitable balance.
• Mandatory publication of audited union accounts and governance records to enhance transparency.
3. Regulatory and Policy Stability
Long-term investments require predictability. Government should therefore:
• Conduct Investor Impact Assessments prior to major policy or regulatory changes.
• Adopt a no-retroactivity rule, ensuring that new laws or policies do not unfairly penalize existing investors.
• Publish a rolling five-year policy roadmap outlining key priorities and regulatory direction — one that transcends political cycles to give investors clarity and stability.
• The limits of regulatory powers should be clearly defined. Such powers should not be absolute. Regulatory agencies should be the accuser, jury and the judge
4. Bureaucratic and Security Agency Conduct
Investor–government interactions must be governed by transparency and due process. Accordingly:
• Establish protocols that prevent arbitrary shutdowns or reputational damage to businesses without lawful authorization.
• Digitize all licensing, permitting, and compliance procedures to minimize discretion, reduce corruption risks, and shorten approval timelines.
• Mandate inter-agency coordination to prevent overlapping or conflicting directives affecting investors.
5. Enforcement and Governance Mechanisms
To uphold investor rights and ensure accountability:
• Create a Business Rights Tribunal to handle investor protection cases swiftly.
• Launch a Public Transparency Dashboard to monitor industrial actions, regulatory decisions, and investor grievances in real time.
• Publish periodic Investor Protection Reports assessing government and union compliance with established standards.
Expected Outcomes
Implementation of this framework will:
• Restore investor confidence and attract both domestic and foreign capital.
• Stimulate private-sector job creation and expand fiscal revenues.
• Reduce strike-related disruptions in critical sectors.
• Promote transparency, due process, and accountability in government–business relations.
• Strengthen Nigeria’s overall competitiveness, industrial productivity, and economic resilience.
Conclusion
Protecting investors and employers is not a privilege — it is a national economic imperative.
Investors mobilize capital, create jobs, and generate the tax revenues that sustain government and society. Without them, there can be no sustained growth, no employment, and no national prosperity.
Nigeria must, therefore, urgently institutionalise a fair, secure, and predictable business environment that protects those who take risks to create wealth.
This is not about weakening labour unions, but about balancing rights and responsibilities — to foster sustainable economic growth, social stability, and national security.
• Dr. Muda Yusuf, a former Director General of Lagos Chamber of Commerce and Industry (LCCI), is the Chief Executive Officer of the Centre for the Promotion of Private Enterprise. (CPPE)