CHALLENGES OF FRANCHISING IN NIGERIA HOW TO SUPPORT AND CONDUCT FRANCHISING FOR EFFECTIVE ECONOMIC DEVELOPMENT JOINT AFRICAN INSTITUTE NOVEMBER 20-23 2005 CAIRO, EGYPT VALERIE OGBUAH MATRIX-SOLICITORS UBA HOUSE, 6TH FLOOR MARINA, LAGOS 01-2647971; 2601287-9 INTRODUCTION 1. Perspectives of Franchising in Nigeria: To highlight the constraints of the existing operators and the potential entrants into the Nigerian market Examine the environmental considerations and; As a way forward to improving Nigerian products and services through transfer of technology Valerie Ogbuah Matrix-Solicitors 2. Nigeria has a large market with a population of 130 million, the most populous country in Africa 3. As the largest West African market, Nigeria could be the gateway for Franchising in West Africa and a platform for franchise development in Africa, 2nd only to South Africa Valerie Ogbuah Matrix-Solicitors STATUS OF FRANCHISING IN NIGERIA 1. Franchising as a business concept in Nigeria is: Relatively underdeveloped Awareness is relatively low, but is picking momentum Establishment of a franchise association (NIFA) 2. Product franchising has been prevalent examples include: Soft drinks market (Coca Cola etc ) Petroleum ( Total , Elf, Mobil, etc) Valerie Ogbuah Matrix-Solicitors 3. The Business format franchise system is emerging and is increasingly gaining momentum especially in the QSR industry. Examples include: Duraclean Fast food – (Chicken Licken, Butterfields brands, Steers, Debonairs, Churches Chicken, Mochachos Chicken village, Barceló's, St Elmo's etc.) Retail – (Woolworths, Nike, Addidas, Game, Shoprite) Valerie Ogbuah Matrix-Solicitors HISTORY OF FRANCHISING In 1960, Product Franchising was introduced to Nigeria in sectors like soft drinks, petrol, automobiles etc In 1980, First Business Format Franchise bought Chief Moses Emeya from Duraclean International, USA In 2001, Food Concepts Limited imports South African Brands in the Fast Food Industry In 2003, Indigenous Franchise Systems were developed by a few a owner operators (Tantalizers, Chicken Republic and Mr. Biggs) Valerie Ogbuah Matrix-Solicitors STATISTICS OF FRANCHISE SYSTEMS IN NIGERIA Fast Foods Imports (International Franchisors with Local Franchisee), which consists of predominately South African brands ; S/N Name No of units International/Local 1 Chicken Licken 5 International ( S.A ) 2 St Elmos 3 International ( S.A ) Valerie Ogbuah Matrix-Solicitors 3 Chicken Republic 9 local 4 Butterfields 3 International ( S.A ) 5 Barcelos 2 International ( S.A ) 6 Mochados Chicken Village 2 International ( S.A ) 7 Steers 1 International ( S.A ) 8 Debonairs 3 International ( S.A ) 9 Churchs Chicken 1 International ( S.A ) Valerie Ogbuah Matrix-Solicitors 10 Chicken Inn Fried Chicken 2 International (Zimbabwe) 11 Creamy Inn Ice Cream 2 International (Zimbabwe) 12 Southern Fried Chicken 12 England 13 Mr. Biggs 10 Local 14 Tantalizers 3 Local Valerie Ogbuah Matrix-Solicitors Retail 1 Woolworths Department 1 International (SA) 2 Game 1 International (SA) 3 Addidas 5 USA 4 Shoprite 1 International (SA) 5 Nike 3 USA Valerie Ogbuah Matrix-Solicitors Services and Products 1 Sheraton Hotels 2 Hotel 2 Protea Hotels 4 Hotel 3 Le Meriden Hotels 3 Hotel 4 Hertz 5 Car Rental 5 Avis 7 Car Rental 6 Western Union 30 Financial Services Valerie Ogbuah Matrix-Solicitors MAJOR CHALLENGES FACED BY LOCAL OPERATORS Government recognition and support Support Structures Legal and Regulatory Framework ( There is an absence of franchise specific legislation) There is a need for a presence of an interplay between many areas of laws such as Trademarks Copyrights Antitrust Contract Valerie Ogbuah Matrix-Solicitors Tax Technology transfer issues Currency control Foreign investment Import & Export restrictions Dispute resolutions Laws on multilateral and bilateral treaties Property rights Labour laws Valerie Ogbuah Matrix-Solicitors 1. The Judiciary There is a lack of in-depth knowledge of Intellectual property (IP) Laws Violation of IP rights is on the high There is a need for an amendment in our laws Procedural bottlenecks The courts need to be expeditious and judgments need to be sound Better enforcement mechanisms must be put in place Valerie Ogbuah Matrix-Solicitors 2. Lack of an enabling environment to wit: Poor infrastructure Port delays, strikes, short term funds, erratic electricity and water supply, bad drainage and roads, insufficient support structure Lack of satisfactory transportation, communication and basic utilities Short term returns 3. Capacity building and Human Resource is yet another major challenge Valerie Ogbuah Matrix-Solicitors FINANCE 1. Equity funding through SMIEIS SMIEIS aims for : Employment generation Value added production Encourage movement to the formal sector Develop equity investment culture Valerie Ogbuah Matrix-Solicitors 2. Financing Franchising with SMIEIS funds SMIEIS Funds can support franchising Each franchise outlet - an SME - limited liability company with at most N200 million asset base (excluding land and working capital). Resulting benefits to Venture Capital Fund Benefits also to Franchisor / Franchisee Valerie Ogbuah Matrix-Solicitors STATUS OF INTERNATIONAL FRANCHISE SYSTEMS IN NIGERIA ENTRY BARRIERS Cultural and Consumer taste The income levels Political risk Urbanization Rule of Law Regulatory Restrictions Valerie Ogbuah Matrix-Solicitors CRITICAL SUCCESS FACTORS FOR THE GROWTH OF FOREIGN BRANDS IN NIGERIA Customizing the realities in the local market Transplanting their principles to suit the Nigerian market To bring what is relevant to the needs of our market Modifying their business systems to suit our environment Valerie Ogbuah Matrix-Solicitors STRATEGIES FOR DEVELOPMENT OF FRANCHISING IN NIGERIA Building Franchise Capacity Intellectual Property Human Capital Investment Capital Enabling Environment Valerie Ogbuah Matrix-Solicitors CONCLUSION Valerie Ogbuah Matrix-Solicitors QUESTIONS Valerie Ogbuah Matrix-Solicitors