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Special Economic Zones in the OIC Region:

Learning from Experience

144

1995, which led to the establishment of NIPC and the focus on more coordinated investment

promotion efforts.

Out of these pieces of legislation, the framework for Nigeria’s Free Zones was created. Vision

2020, as well as National Economic Empowerment and Development Strategy (NEEDS) have

most recently provided the policy framework in which Free Zones have been prioritized and the

most recent development of the LFTZ has happened. Importantly, the Federal Government of

Nigeria also recognised the need to more effectively involve state governments as well as the

private sector. This coincided with greater political stability and consistent economic growth in

Nigeria in the early 2000s. These factors led to the Free Zone programme gaining significant

momentum and the development and investment into the Lekki Free Zone.

SEZ Act

The overarching piece of legislation which guides the Free Zone programme is the Nigeria

Export Processing Zones Act (2004). This law stipulates that the licensing, monitoring and

regulation of Free Zones Scheme in Nigeria is vested in the Nigeria Export Processing Zones

Authority (NEPZA).

The Act states that a zone may be operated and managed by a public, private or a combination

of public and private entity under the supervision of and with the approval of Nigeria Export

Processing Zones Authority (NEPZA). The NEPZA regulations also include investment

procedures, regulations and operational guidelines for EPZs in Nigeria.

SEZ Regulations

5.6.3.1

Licensing

Any enterprise wishing to do business within an EPZ in Nigeria must first apply in writing to

NEPZA for permission. NEPZA may grant a licence for any approved activity in an EPZ to an

individual or business. That business does not, however, need to be incorporated in Nigeria. The

granting of a licence by NEPZA shall constitute registration for the purposes of company

registration within an EPZ. A licensed enterprise does not need to comply with the rules of local

incorporation in Nigeria, governed by the Companies and Allied Matters Act 1990 (which

provides for the incorporation of companies and incidental matters). This is because the

granting of a licence by NEPZA is evidence of a company’s registration in an EPZ in Nigeria.

There are a number of different types of Free Zone status as follows:

FTZ;

EPZ;

Export Processing Farm (EPF);

Science and Technology Park (S&TP); and

SEZ.