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NIGERIA

Reported in 2021

Pillar Telecom infrastructure & competition  |  Indicator Presence of shares owned by the government in telecom companies
Presence of shares owned by the government in the telecom sector
In December 2014, Nigeria's National Council on Privatisation (NCP) approved the sale of Nigerian Telecommunications (NITEL) and its mobile arm (M-Tel) to NATCOM Consortium. The government still owns 25% of the NITEL (the incumbent). The government announced it plans to return to the market to sell the remaining 25% to Nigerians through Initial Public Offering (IPO).
Coverage Telecommunications sector

NIGERIA

N/A

Pillar Telecom infrastructure & competition  |  Indicator Functional/accounting separation for operators with significant market power
Requirement of accounting and functional separation for dominant network operators
It is reported that Nigeria mandates functional and accounting separation for operators with significant market power (SMP) in the telecom market.
Coverage Telecommunications sector

NIGERIA

Since December 1971

Pillar Intellectual Property Rights (IPRs)  |  Indicator Practical or legal restrictions related to the application process for patents
Patents and Designs Act (Chapter 344, Laws of the Federation of Nigeria 1990)
The main statute that governs patent law in Nigeria is the Patents and Designs Act. Section 3.1 of the Patents and Designs Act requires that foreign applicants have an address for service in Nigeria. It is also reported that foreign applicants must perform patent prosecution through a registered Nigerian Patent Attorney.
Coverage Horizontal

NIGERIA

Since January 2004

Pillar Intellectual Property Rights (IPRs)  |  Indicator Participation in the Patent Cooperation Treaty (PCT)
Patent Cooperation Treaty (PCT)
Nigeria is a party to the Patent Cooperation Treaty (PCT).
Coverage Horizontal

NIGERIA

Since December 1988, last amended in 2004

Pillar Intellectual Property Rights (IPRs)  |  Indicator Copyright law with clear exceptions
Copyright Act (Chapter 28, Laws of the Federation of Nigeria 2004)
Nigeria has a clear regime of copyright exceptions that follows the fair dealing model, which enables others to make the lawful use of copyrighted work. Section 6 of the Second Schedule of the Copyright Act lists the exceptions, which include research, private use, criticism or review or the reporting of current events subject to the condition that, if the use is public, it shall be accompanied by an acknowledgement of the title of the work and its authorship, except where the work is incidentally included in a broadcast.
Coverage Horizontal

NIGERIA

Reported in 2022, last reported in 2023

Pillar Intellectual Property Rights (IPRs)  |  Indicator Enforcement of copyright online
Lack of adequate enforcement of copyright online
It has been reported that intellectual property rights (IPR) enforcement agencies lack the necessary resources and inter-agency cooperation to improve enforcement. In addition, it is reported that pirate websites have kept local filmmakers suffocated in recent years by uploading popular titles to the Internet for download once such films hit theatres or debut on streams platforms.
Coverage Horizontal

NIGERIA

Since January 2018

Pillar Intellectual Property Rights (IPRs)  |  Indicator Adoption of the WIPO Copyright Treaty
WIPO Copyright Treaty
Nigeria has ratified the World Intellectual Property Organization (WIPO) Copyright Treaty.
Coverage Horizontal

NIGERIA

Since January 2018

Pillar Intellectual Property Rights (IPRs)  |  Indicator Adoption of the WIPO Performances and Phonograms Treaty
WIPO Performances and Phonograms Treaty
Nigeria has ratified the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.
Coverage Horizontal

NIGERIA

Since December 2013, last amended in August 2019

Pillar Intellectual Property Rights (IPRs)  |  Indicator Mandatory disclosure of business trade secrets such as algorithms or source code
Guidelines for Nigerian Content Development in Information and Communication Technology (ICT)
In 2013, the National Information Technology Development Agency (NITDA) promulgated guidelines on Nigerian content in information and communications technology, with subsequent amendments in 2019. These guidelines apply to both state entities and private enterprises. The guidelines mandate that multinational companies provide verifiable information and sign affidavits regarding the origin, safety, source, and functioning of software sold and deployed within Nigeria to "ascertain the full security of the product and protect national security." This requirement also aims to ensure the security of source code, though it remains unclear whether this could potentially result in the disclosure of the source code.
Coverage Software

NIGERIA

Since February 2018

Pillar Public procurement of ICT goods and online services  |  Indicator Exclusion from public procurement
Executive Order 5/2018 on Indigenous Professionals in Science, Engineering and Technology
In February 2018, Executive Order 5 introduced additional restrictions and obligations for public procurement in the fields of science, engineering, and technology. The order specifies that only when expertise is lacking domestically, procuring entities can prioritise foreign companies or firms that present verifiable plans for indigenous capacity development before awarding contracts. Furthermore, ministries, departments, and agencies are required to engage indigenous professionals in the planning, design, and execution of national security projects. Consideration may only be given to foreign professionals if the appropriate authority certifies that the necessary expertise is unavailable within Nigeria.
Coverage Horizontal

NIGERIA

Since June 2007
Since December 2007

Pillar Public procurement of ICT goods and online services  |  Indicator Other limitations on foreign participation in public procurement
Public Procurement Act, 2007

Public Procurement Regulations for Goods and Works (2007)
Under the Public Procurement Act, 2007 (Section 34-3), margins of preference apply to tenders under international competitive bidding. These preferences include a local content margin, which can reach up to 15%, depending on the project. Additionally, Nigeria grants a preference to majority Nigerian-owned companies if their bid is within 15% of the price offered by a majority foreign-owned company. Section 106 of the Public Procurement Regulations for Goods and Works (2007) further specifies that, when comparing bids from foreign and national contractors, procuring entities may grant a preference to domestic bidders for goods manufactured in Nigeria. The Bureau of Public Procurement (BPP) periodically sets the margins of preference, which can be up to 15% for goods and 7.5% for works, based on the delivered price.
Coverage Horizontal

NIGERIA

Since May 2017

Pillar Public procurement of ICT goods and online services  |  Indicator Other limitations on foreign participation in public procurement
Executive Order No. 003 of 2017 "On support for local contents in public procurement by the Federal Government"
Under Executive Order No. 003 of 2017, the Federal Government of Nigeria established that all Nigerian ministries, departments, and agencies are obliged to grant preferential treatment to locals in the public procurement processes. The Executive Order specifies that 'Made in Nigeria' products are given preferential treatment in all public procurement processes concerning several goods and services, including information and communication technology (ICT). According to the Order, "at least 40% of the procurement expenditure on these items in all [federal ministries] shall be locally manufactured goods or from local service providers".
Coverage Horizontal

NIGERIA

Since December 2013, last amended in August 2019

Pillar Public procurement of ICT goods and online services  |  Indicator Other limitations on foreign participation in public procurement
Guidelines for Nigerian Content Development in Information and Communication Technology (ICT)
In 2013, the National Information Technology Development Agency (NITDA) promulgated guidelines on Nigerian content in the information and communications technology sector, with amendments introduced in 2019. These guidelines are applicable to both public sector entities and private enterprises. Section 9.4 (1) stipulates that ministries and government agencies must source and procure 40% of computer hardware and related devices exclusively from Original Design Manufacturers (ODMs) or Original Equipment Manufacturers (OEMs) approved by NITDA.
Coverage ICT hardware

NIGERIA

Since December 2013, last amended in August 2019

Pillar Public procurement of ICT goods and online services  |  Indicator Other limitations on foreign participation in public procurement
Guidelines for Nigerian Content Development in Information and Communication Technology (ICT)
Section 13.2 of the Guidelines for Nigerian Content Development in Information and Communications Technology (ICT) mandates that all Ministries, Departments, and Agencies (MDAs) ensure that sovereign data is hosted locally on servers within Nigeria. Additionally, MDAs are required to implement system logs and other computer data logging technologies to facilitate effective troubleshooting and forensic investigations within government systems.
Coverage Government data

NIGERIA

Reported in 2016, last reported in 2022

Pillar Public procurement of ICT goods and online services  |  Indicator Other limitations on foreign participation in public procurement
Local content requirements and lack of transparency in government procurement
It is reported that foreign companies may be subject to local content or other localisation requirement (e.g., partnership with a local partner firm or joining a consortium). Also, companies have expressed concerns about corruption and lack of transparency in procurement processes.
Coverage Horizontal

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