Transcript Slide 1

SEMINAR ON FRANCHISING WITHIN A SMALL AND MEDIUM
ENTERPRISES (SME) DEVELOPMENT STRATEGY
Organized by
JOINT AFRICA INSTITUTE (JAI)
INSTITUT MULTILATERAL D’AFRIQUE (IMA)
Tunis, Tunisia, November 29 – December 3, 2004
NIGERIA’s FRANCHISING PERSPECTIVES
Presentation by Dr. D.A. Okongwu, Director General, National Office for
Technology Acquisition and Promotion (NOTAP), Abuja, Nigeria.
Key Points
1.
Introduction
2.
Franchising in Nigeria today – Situation Report
2.1
Introduction
2.2
Economy
2.3
Market/Know-How
2.2
Support Structures
- Regulatory/Legal Framework
- Financing
- Business Associations & Information Infrastructure
3.
Strategic Sectors for Franchising in Nigeria
4.
Recommendations for Franchise development in Nigeria
1. INTRODUCTION

Franchising has until recently been an uncommon word in
business lexicon in Nigeria mainly because, like all forms of
Intellectual Property, the business model had never been
part of the cultural milieu. BUT the situation is very
rapidly changing.

Due to nature of Nigeria’s business environment Franchise
system growth has a comparative advantage.

International Franchisors have not responded into Nigeria
(compare their response into Asia) largely because of
ignorance of immense market opportunities in Nigeria and
absence of Franchise - specific legal and regulatory
framework.

Geographically, Nigeria is well-located to serve as a
strategic platform for AfDB’s Franchise Development
Initiative
in
sub-Saharan
Africa,
International
Franchisors,
and
for
as
entry
the
point
by
expansion
of
Franchise system throughout West Africa.

SMEs in Nigeria face severe constraints but Franchising
(as a business model) provides entrepreneurs immense
opportunities
(technology
transfer,
marketing/business
support services, skill acquisition, etc) to increase SMEs
success rate and energize the national economy.
2.
FRANCHISING IN NIGERIA TODAY – SITUATION REPORT
2.1 Introduction
 The earliest form of Franchising in Nigeria had been products
marketing, mainly of petroleum products (Texaco, Mobil,
Total, Agip, Elf, Esso, etc) and automobile (Toyota, Peugeot,
Ford, etc); and beverages (Coca Cola, etc).
The last few
years however have witnessed significant growth and
emergence of business format Franchising especially in the
fast food sector, many of which are small indigenous
Franchisors.
 Thanks to the sensitizing efforts of the National Office for
Technology Acquisition and Promotion (NOTAP) and the
Nigerian International Franchise Association (NiFA),
Franchising is steadily becoming understood and accepted
as attractive business model by Nigerian entrepreneurs.

The earliest business format Franchise in Nigeria is generally thought
to be by Duraclean International USA early 1980s (not registered).

The first Franchise (Technology Transfer) Agreement registered at
NOTAP was in 1987 between Schweppes International Limited,
Republic of Ireland and Nigerian Bottling Company Limited (NBC).
Agreement was:
- for 3 years (1-7-87 to 30-6-90).
- Terms of the Agreement:
* Schweppes was to provide NBC: knowledge and skill
experience and right to sell Schweppes soft drinks
manufactured in accordance with the Schweppes formulae
from said special flavour compounds and fruit materials under
the trade mark “Schweppes”.
* A total of 6 Trademark Licenses were licensed to NBC
pursuant to the agreement.
* Franchisor’s license fee was 1% of Net Sales for the 1st year
of implementation of the agreement.
-
The agreement has been renewed twice (1990-1993 and
1993-1996) under the same terms and condition as the first
one but with Franchisor’s License fee of 2% net sales.

Hotel industries (Hilton, Sheraton, Meridien, Protea): operate as a
Tradename Franchise, under Management Services Agreement: fees based on % net sales and lump sum.

Franchise in the food sector came into the national picture after
2000:Mr. Biggs [of United African Company (UAC)], Tantalizer,
Chicken Liken, etc.
There is enormous interests in Franchising among Nigerian
entrepreneurs. Table 1 gives list of some Franchise outfits in Nigeria
today.


Graph gives a panoramic picture of the Franchise industry in Nigeria
over the last 50 years.
LIST OF MAJOR FRANCHISE COMPANIES
S/N
Name of Company
Source
Number of
Outlets
1.
2.
3
4.
5.
6.
7.
Food Sector
Mr. Biggs (UAC Plc )
Tantalizers
Tasty Chicken
Chum Chum
Sweet Sensation
Chicken Licken
Big Bite
Local
Local
Local
Local
Local
Foreign
Local
120
30
3
8
3
?
2
1.
Courier Service Sector
UPS Nig. Ltd.
1.
2.
3.
4.
5.
Petroleum Products
Texaco Nig. Plc
AGIP Nig. Ltd.
Total Nig. Ltd.
Mobil Oil
Conoil (formerly National Oil and Chemical)
Foreign
Foreign
Foreign
Foreign
Local
300 plus
?
510
265
?
1.
2.
3.
4.
Hotels
Sheraton
Hilton
Le Meridien
Protea
Foreign
Foreign
Foreign
Foreign
2
1
2
3
Foreign
(JV)
Franchising in Nigeria – A panoramic review (1954 – 2004)
Indicator of
No. of employees/outlets
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
Legend

xxx xx x

Business format Franchise
Courier Services
Hotels
Health Foods

NIFA
NOTAP
Products Franchise
Petroleum (Fuel stations)
Auto Sales shops
Beverages (soft drinks, etc)


    
Growing No. of
Fast Foods Indigenous
SMEs (Mr. Biggs,Tantalizer,
Chicken Licken
Southern Fries, etc)


1960
1970
1980
1990
Year
2000
2010
2.2 Economy
Country Statistics:
 Population: 130m
 Land area 923,166 km2
 A Federation of 36 States with a Federal Capital Territory, and 774
Local Governments
 Major cities: Lagos, Abuja, Kano, Kaduna, Port Harcourt,
Ibadan, Onitsha
 The largest single market in West Africa
 World’s 6th largest crude oil exporter
 Oil provides 30% of GDP, some 90% of foreign exchange
 Economic programmes of Government aim at an active market
oriented, private sector-led, technology-driven, highly competitive
national economy
 Economic liberalization; privatization of all public enterprises in final
stages
 Strong emphasis on the support, growth and development of SMEs
through promotion of technology transfer and inflow of foreign
investment.
2.3 Market/Know-How
 Though with great market potential, Franchising in Nigeria is at very
rudimentary (emerging) phase.

Distribution Franchise system is the oldest sector
- Petroleum products distribution (Texaco, Mobil, Esso,
Total, Agip, etc)
- Soft drinks bottling/distribution (Coca Cola, Seven-Up, etc)
- Nutritional/Health products (GNLD, Forever Living Products).

An upsurge in Food Franchising started around 2000; was
especially heightened by the ‘International Seminar on Franchising’
organized by NiFA and NOTAP in March, 2004. At the latest count
there are at least 10 indigenous Food Franchise operators: - Mr.
Biggs, Tantalizers, Sweet Sensation, Tasty Chicken, Chicken
George, etc. The largest (Mr. Biggs) has over 100 outlets and gone
international: - has an outlet in Ghana with plans for expansion.
Mr. Biggs – a proven success story.
In 2004 Mr. Biggs (UAC) secured a Master Franchise agreement
with Innscor International for Innscor Products – Chicken Inn,
Creamy Inn, Plazza Inn, Nando’s , Dial-A-Delivery, Inn the Jungle (to
cover 40 outlets)

Franchise in Nigeria is at its learning stage. Know-How is yet to
be fully developed.

Need to ensure “Best Practices” by promoting adequate Preventive
and Detective Controls to minimize risk.
Strategic Partnering & Relationship on “Win-Win” objective.
Key issues:
-
Training at and by Transferors
-
Operations Manual
-
Purchasing system
-
Advertising
-
Site location/Store construction
-
Visits
-
Regular meetings/Reports
2.4 SUPPORT STRUCTURES
(a) Regulatory/Legal Framework

Statutory function of the National Office for Technology
Acquisition and Promotion (NOTAP): To Facilitate and
Register all technology transfer agreements involving
use of Intellectual Property between a local company
and a foreign enterprise
(e.g. a local Franchisee and a
foreign Franchisor).

No Franchise specific laws in Nigeria as yet.

At present, Franchisor/Franchisee relationships are
governed by the following laws: Contract, Patents, Trademarks/Service Marks,
Industrial Designs, Copyright, NOTAP.

Patents:
Patents & Design Act 1970 (Cap 344, Laws of
the Federation of Nigeria 1990)

Trademarks:
Trademark Act 1965 (Cap 436, Laws of the
Federation of Nigeria 1990)

Copyright:
Copyright Act 1988 (Cap 68, Laws of the
Federation of Nigeria 1990)

NOTAP:
Act No.70 of 1979 (Cap 268 Laws of the
Federation of Nigeria 1990)

Trademarks, Patents and Industrial Design legislations:
administered by the Registrar Trademarks, Patents and Industrial
Design, Federal Ministry of Commerce.

Copyright legislation: by the Nigerian Copyright Commission under
the Federation Ministry of Culture.

NOTAP Act: governs conditions for registration of all contracts or
agreements for the transfer of foreign technology to Nigerian parties
involving:
- Intellectual Property (Patents, Trademarks, Know-How, etc)
- Consultancy Services
- Supply of Technical Services/Expertise
- Management Support/Services
- Supply of Machinery, Plants, Equipment
- Supply of basic or detailed engineering

Thus all agreements between Franchisors and Franchisees are
submitted to NOTAP for registration, in compliance with NOTAP Act.

Nigerian Intellectual Property laws are being revised with assistance of
World Intellectual Property Organization (WIPO) and the US Department
of Commerce Commercial Law Development Programme (CLDP) to be
TRIPs and WTO compliant and to bring all legislation under a single
institution: Intellectual Property Commission of Nigeria (IPCON).
Bill is soon to be passed into law by the nation’s National Assembly.
(b) Financing Franchising
Forms of funds available for Franchising include:
 Owners Equity, (Savings, Angels, etc)
 Short/Medium term loans from banks,
 Equity funding
• Owners Equity: Small business lack access to funding, owners
savings usually inadequate and must rely on institutional lending
• Short Term (repayable <1 year) or Medium Term (1-3 years)
loans from Banks attract high interest rates.
• Equity financing: is through Small and Medium Industry Equity
Investment Scheme (SMIEIS). Under SMIEIS: - All Banks in Nigeria are to set aside 10% of their PBT
for equity investment in SMIs.
- SMI defined as establishment with total assets (excluding
land) and working capital < N200m (US$1.5m) with 10-300
employees.
- To qualify enterprise must be limited liability company, comply
with tax laws regulations, and with Companies & Allied
Matters Act (1990)
- Investment shall exit after a minimum of 3 years.
- Bankers Committee encourages Banks to ensure that all
funds set aside for the scheme are utilized within a given period.
(c) Business Associations & Information Infrastructure

The Nigerian International Franchise Association (NiFA) formed
(2002) and promoted by Nigerians who have been actively
involved in Franchise development [Special mention –
Demola Quadri, (Secretary)].

NiFA is run by 10-member Board of Directors, has 52 charter
members active in Franchise opportunities.

NiFA seeking to bring Franchising to West Africa through the
formation of the Franchise Association of West Africa. (FAWA).

NiFA provides a forum for prospective and Franchise practitioners to
collaborate, source information/assistance for the promotion and
development of Franchise industry.
Goals of NiFA
1. To create awareness to the public, especially potential Nigerian
investors and entrepreneurs, in fundamentals of Franchising and its
proven track record of increasing success and growth in business.
2. To create a conducive atmosphere in Nigeria that attracts foreign
Franchise companies.
3. To network with international Franchise bodies to share ideas and
information.
4. To cooperate with government regulatory bodies to encourage
policies and standards that will enhance Franchise best practices in
Nigeria. Guarantee of protection to Franchisors and Franchisees.
Advocate ethical conduct in all Franchise transactions.
5. To act as a clearinghouse for international Franchise companies
interested in expansion into Nigerian markets by providing current
information, cultural orientation, and briefings on local business
practices, referrals to legal and financial professionals, and other
consultative services.
6. To develop and promote indigenous Franchise concepts and brands
within Nigeria.
7. To create a database of all Franchise businesses in Nigeria.
NiFA Projects

NiFA organized the 1st International Seminar on Franchising at
Abuja, Nigeria (March 31, 2004) in collaboration with the National
Office for Technology Acquisition and Promotion (NOTAP). The
Seminar attracted international Franchise executives from USA and
Canada. Was well attended by Nigerian Franchise stakeholders -
the financial sector, the legal communities, large number of small
business owners and relevant government agencies.
The objective of the seminar was to create Franchising
awareness and to highlight its importance as a tool for the
development of SME in Nigeria.
The turn out (attendance) was very high: – rising interest in
Franchising.

NiFA participated as exhibitor and also coordinated delegates of
Franchising stakeholders to attend the 2003 and 2004 editions of
the International Franchise Expo in Washington D.C. USA.

NiFA has constituted a National Committee on the Future of
Franchising in Nigeria to identify regulatory barriers and
advocate support for Franchise development from both
government and non-governmental organizations.

West African Franchise Expo and Workshop is being scheduled by
NiFA for Abuja in 2005. International Franchise companies and
delegates from all West African countries are expected to
participate at the event.
Strategic Partners of NiFA

The National Office for Technology Acquisition and Promotion (NOTAP).

National Association of Small and Medium and scale Enterprises (NASME).
NiFA Vision
To quote NiFA Bulletin:
“We see a bright future for franchise growth in Nigeria with clear goals,
experience, entrepreneurship, leadership, active members, highly visible
projects and strategic partners”.
3. STRATEGIC CATEGORIES FOR FRANCHISING IN NIGERIA

Most popular and fastest growing sector for Business Format
Franchising remains the Fast Foods.
The following area likely to prove strategic in future:

Construction Materials/Real Estate

Automotive Products/Services

Educational Services (e.g Pre-school, Information Technology)

Health/Beauty/Nutrition/Fitness

Purified Water

Internet Services

Cleaning/Janitorial Services

Social and Spiritual Clubs

Catering/Entertainment outfits
4. RECOMMENDATIONS FOR FRANCHISE DEVELOPMENT IN NIGERIA
 Massive funds mobilization through AfDB, Nigerian Government and
Banks for the development of Franchising in Nigeria.
(Government, AfDB)
Banks need to establish Franchising (unit/dept) for Franchise specific
financing program – promotion of indigenous Franchisors. (Banks)

Creation of awareness on Franchising among
prospective
investors,
general
workshops,
franchise
trade
public:
fairs,
entrepreneurs,
through
exhibitions
seminars,
and
other
Franchise-related international events. (NiFA, NOTAP, AfDB).

Active linkage between NiFA and other International Franchise
organizations in order to benefit from their experience. (NiFA).
RECOMMENDATIONS – Contd
 Stronger IP protection for Patents, Trademarks, Service marks,
Know-How, etc in order to attract potential international
Franchisors. (Government).
 Nigeria Franchisors and Franchisees should imbibe the concept
of Best Practices, which is the bedrock upon which Franchising
system is founded. “Strategic Partners”, “Win-Win” objectives, etc
(All Parties)
 Enthrone Preventive and Detective Controls to minimize risk in
Franchising business (noting that Franchisor: low investment in
collateral
assets,
moderate/high
investment in employees.
collateral assets, low
investment
in
IP,
highest
Franchisee: high investment in
investment in IP, high investment in
product/direct labour). (All Parties).

As largest West African market, Nigeria would become gateway
for Franchising in West Africa and a platform for Franchise
development in Africa
Therefore need
capacities in
possibly 2nd only to South Africa.
improved
Nigeria
in
and better infrastructure and
order to benefit from
AfDB’s
Franchise Development Initiative. (Government, AfDB).

Urgent need for the World Franchise Council to grant
membership and support to NiFA so as to promote Franchising
in Nigeria. (WFC).
THANK YOU