Feature/OPED
Africa: The Increasing Focus on Public Interest Concerns in Competition Policy
By Lerisha Naidu, Angelo Tzarevski and Sphesihle Nxumalo
There has been a general upward trend in competition policy enforcement across the continent over the past few years. African jurisdictions have strengthened their competition and antitrust regimes by way of amendments to existing legislation, the introduction of new laws and regulations, and renewed fervour and political will to enforce existing laws. Most notably, there has been a growing convergence of competition law and social policy on the continent.
The central tenet of competition policy is that inclusive economies yield better outcomes for both producers and consumers. Recent trends indicate that governments in various parts of the world, particularly Africa, are moving away from the purely economic origins of competition regulation and are instead adopting a model that recognizes and, to some extent, caters to the broader needs of modern society and socioeconomic transformative narratives. In this context, the South African Competition Act was amended in 2019 to ensure economic transformation (among other things) by providing mechanisms to address high levels of concentration, enhance small business development, combat the “racially-skewed” spread of ownership through merger control, and by vesting the authority with increased powers to launch market inquiries into highly concentrated industries and impose structural remedies to facilitate the effective and sustainable participation of small and medium enterprises (SMEs) and historically disadvantaged persons (HDPs) in the economy.
As another illustration, competition authorities in Africa have increasingly acknowledged their role as protectors of fair practice and consumer protection and have stated their intention to enforce these principles in the future. Across the continent, the price volatility of essential food items is a growing concern. In addition, businesses in the consumer goods and retail sector are facing significant supply chain disruptions due to geopolitical, environmental, and infrastructure challenges.
The issue of price volatility in relation to essential food items was addressed in the South African competition authority’s Essential Food Pricing Monitoring report, which included a list of fruits, meats and cooking oils that have recently experienced price volatility. It was noted that poorer communities were most negatively affected by such price increases. Having said that, it bears noting that not all increases in the cost of essential foods were caused by the pandemic. Changing weather conditions (from drought to heavy rain), oil price fluctuations, severe supply chain blockages and massive geopolitical challenges have all contributed to a decrease in supply and subsequent price increases. The authority stated that it would continue to keep a close eye on the price of essential and imported food items to ensure that anti-competitive behaviour does not occur and that the increase in prices of essential food items can be justified. After noting “unjustified price increases” in recent years, the authority announced in early 2023 that it would investigate the prices of a variety of essential food products, including bread, cooking oils, cornmeal, rice, flour and margarine. It noted that food was a priority sector due to the fact that poor consumers spend a significant portion of their income on essential foodstuffs.
Public interest considerations are especially taken into account in the case of merger control, but they can also be factored in investigations into alleged abuses of dominance and other prohibited practices. Notably, merger regulation in South Africa and in many other African countries is heavily influenced by the government policy agenda. Many African merger control regimes have developed a competition policy approach that balances traditional competition law considerations with public interest concerns, especially in terms of market concentration, access to competitive markets for SMEs, greater spread of ownership by firms owned by HDPs, and employment considerations. For example:
Botswana’s competition legislation mandates “certain aspects of general public interest”. The use of the specified public interest considerations is especially notable in the context of mergers. In previous years, the authority imposed conditions on merger clearances aimed at promoting the sustainability and growth of a sector by ensuring that the merged entity sources its input requirements from local suppliers; maintaining and creating employment; promoting citizen economic empowerment by ensuring that Botswanan citizens hold shares in the merged entity; ensuring the professional development or employability of local citizens by ordering their appointment to certain positions in the merged entity; and promoting citizen economic empowerment by ensuring that Botswanan citizens hold shares in the merged entity.
In Ethiopia, the authority considers the contribution that a merger will make to accelerating economic development, promoting technical knowledge transfer, improving the production and distribution of goods and services, and enabling SMEs to be capable and competitive.
Namibia and Nigeria, like South Africa, consider the likely impact of a merger on a specific industrial sector or region; employment (whether the merger will result in redundancies); SMEs’ and HDPs’ ability to effectively access or compete in the market; and national industries’ ability to compete in international markets. The Namibian authority frequently considers the employment implications of a transaction. For example, during the 2017-2018 fiscal year, the authority imposed employment conditions on the majority of the mergers evaluated, resulting in approximately 860 jobs being secured.
In Kenya, the Competition Act includes a public interest test in merger control that assesses a merger’s impact on a particular sector or region, the creation and retention of employment and the competitive access that SMEs have to the market. The Act also provides for the granting of exemptions to certain indispensable restrictive practices aimed at increasing exports, enhancing efficiency in production and maintaining the quality of services only under exceptional and compelling reasons of public policy.
In Tanzania, the public interest factor is especially important when a merger is likely to create or strengthen market dominance. In such cases, the authority may consider whether the merger is likely to benefit the public by increasing efficiency in production or distribution, promoting technological or economic progress, increasing efficiency in resource allocation, or protecting the environment.
Although legislatively mandated public interest factors frequently carry equal weight, the employment effects and promotion of ownership by local citizens (particularly in Botswana) and HDPs (particularly in South Africa) are scrutinized by the authorities in every transaction. Conditions are almost always imposed when job losses are intended or anticipated, even when the numbers are negligible. Even if job losses are not anticipated, conditions may nevertheless be imposed to safeguard against potential merger-specific job losses in cases of uncertainty. The promotion of greater ownership diversity, particularly among HDPs, is also gaining importance, especially as transactions that reduce ownership by historically disadvantaged individuals are scrutinized more closely by authorities. In the last 24 months, the South African competition authority has been particularly active, imposing public interest conditions on more than 74 mergers relating to employment, and with a heavy focus on the greater spread of ownership by HDPs, as well as local production and procurement, amongst others.
As social imperatives play an ever-increasing role in the development of competition policy, the trend of placing emphasis on the empowerment of SMEs as a means of fostering a healthy economic ecosystem, as well as the need to provide adequate opportunities to HDPs, will continue into the future. Furthermore, with digital innovation allowing many previously excluded individuals and businesses to participate in the African economy, it is likely that public interest imperatives will play a critical role in the development and implementation of competition law in the digital space across the continent.
The African Continental Free Trade Area (AfCFTA) is providing impetus for the continent to move toward the adoption of a pan-African competition policy, which could be geared toward socioeconomic transformative goals (such as maintaining acceptable consumer prices) and a consistent approach to the public interest. In February 2023, the African Union Assembly of Heads of State and Government adopted the protocol on competition policy.
Doing business in Africa will necessitate awareness of the public interest mandates of competition authorities and how practices promote or impact public interest outcomes, as enforcement trends on the continent indicate that public interest considerations will significantly influence broader enforcement activity, especially through prioritisation policies.
Lerisha Naidu is a Partner and Head of the Practice, Angelo Tzarevski is a Director Designate, and Sphesihle Nxumalo is a Senior Associate for Competition & Antitrust Practice at Baker McKenzie Johannesburg
By Isah Kamisu Madachi
As of April 30, 2026, the crude price is said to have reached $125 in the global market. The all-time high price per barrel was recorded in 2008, when it surged to $147. It is obvious that the price is heading in that direction or even towards what experts have predicted — crude reaching a new all-time high of $150 in the near future if crude passages remain closed in the Middle East, which would ultimately come with several disproportionate challenges for businesses and households.
In Nigeria, what began as a mild adjustment in the price of gasoline and other refined crude products has not stopped anywhere until it reached N1,400 per litre of petrol at filling stations. When the price was surging, experts in energy, economics, marketing, business and other relevant fields tried to come up with explanations for how Nigeria, despite housing the largest petrochemicals refinery in Africa and being one of the largest oil-exporting countries on the continent, would continue to absorb this shock.
Despite our advantages, Nigeria recorded the world’s second-highest surge in petrol prices following the escalating geopolitical tension in the Middle East. In Africa, Nigeria has the highest spike, with many sources citing it at 39.5% and above. Even non-oil-producing countries in Africa, and countries that do not refine a drop of oil, did not experience this surge. Also, African countries like South Africa at 1%, Morocco at 2.1%, and Tanzania at 2.7% experienced far smaller increases that are nowhere near Nigeria’s.
To put it in context, South Korea, Japan, and China are among the foremost dependents on the Strait of Hormuz, whose closure escalated the crude price, but none of these countries has recorded even a 20% increase in their petrol prices. Nigeria does not import its crude through the Strait of Hormuz. Yet, as an oil-exporting nation, we have suffered some of the sharpest petrol price increases in Africa.
What went wrong in Nigeria to warrant this surge is not the primary focus of this piece. What lies ahead is. As a result of the increase in petrol prices, Nigerians have been disproportionately affected. Life has become unbearably difficult, with sharp increases in transportation costs, rising food prices, and higher costs of goods and services. Even charging points that used to collect N150 for charging a phone or battery now charge N300 or more.
As it stands, the gap between the current crude price and the predicted new all-time high is about $25. This means that if the passages continue to remain closed, we are not far from another historic price peak. It is even said that reopening the passages may not immediately stabilise prices, as crude tankers would still take time to reach their destinations.
What this means for Nigeria is another sharp increase in refined petroleum product prices, which could trigger another wave of stagflation. Already struggling, Nigerians do not deserve this. They are only just adapting to the post-subsidy era, yet are being hit again by another round of global geopolitical tensions. Many are already in deep energy poverty, with businesses struggling due to unstable electricity supply.
Therefore, as crude oil prices hover above $125 per barrel and threaten to reach the predicted $150 if disruptions in the Strait of Hormuz persist, Nigeria must act decisively to shield its citizens. The Dangote Refinery exists. Nigeria refines oil. What the federal government owes Nigerians at this point is a deliberate policy decision to make that the refinery serve domestic needs first, with pricing that does not mirror whatever is happening in the global market. That is not complicated; other oil-producing countries do exactly this.
The NMDPRA has the authority to act on this. The question is whether there is a political will to act before another price wave hits and Nigerians are once again left to absorb what their counterparts elsewhere never have to.
Sub-national governments also have something to do. Commercial motorcyclists and small business owners are the people who feel every petrol price increase the hardest and the fastest. Pushing CNG and LPG adoption among this group beyond the FCT and Lagos, with genuine support, would cushion a significant part of the next shock. Expanding solar access in underserved communities would do the same. A shop owner running on solar is not at the mercy of the next diesel price spike.
These solutions are quite feasible. Nigeria has attempted versions of them before. Where we often seem to get it wrong is in execution, and Nigeria has to treat this with the same urgency and seriousness as given to elections, for the well-being of its citizens. The only thing that has never matched the problem is the seriousness of the response.
Isah Kamisu Madachi is a policy analyst and development practitioner. He writes via [email protected]
By Gbolahan Oluyemi
In 2025, the National Pension Commission (PenCom) directed all Licensed Pension Fund Operators (LPFOs) to demand a Pension Clearance Certificate (PCC) from service providers before engaging their services. This new policy typically affects various types of entities, including small and medium-scale enterprises, most of which are not usually compliance-driven. Following this directive, the PCC has become an essential compliance document for both large, medium and small-scale firms. This article provides a guide on what a PCC is, why it matters, and how it can be obtained.
What is a Pension Clearance Certificate (PCC)?
A Pension Clearance Certificate (PCC) is an official document issued by PenCom confirming that an organisation has complied with the provisions of the Pension Reform Act. It is an annual document that must be renewed every year at no cost. The yearly renewal is intended to ensure that organisations treat compliance as a continuous activity rather than a one-off act.
Why is a PCC Important?
The PCC is important because it demonstrates that an organisation is compliant with the provisions of the Pension Reform Act, especially as it relates to employee pension contributions under Section 4 (1) of the Pension Reform Act and subscription to group life insurance under Section 4 (5) of the Pension Reform Act. It is also required for certain transactions, such as government contracts and engagements with compliance-sensitive partners. In essence, a PCC assures investors, partners, and clients that your business is properly structured and compliant with regulatory requirements.
Who Needs a Pension Clearance Certificate?
Under Nigerian law, companies with three or more employees are required to participate in the Contributory Pension Scheme (CPS). If your organisation employs at least three staff members and provides or intends to provide services to Licensed Pension Fund Operators (LPFOs) or other regulated entities, you are expected to obtain a PCC annually.
How Do I Obtain a PCC?
PenCom issues the PCC electronically and at no cost through its web portal: https://pcc.pencom.gov.ng/. Please note that Applicants who are just beginning compliance and remitting employees’ pensions are required to first obtain an employer code from a Pension Fund Administrator (PFA). This code is necessary to initiate the PCC application on the PenCom portal.
Upon logging into the portal, you will be required to complete your company profile by providing your date of incorporation, contact details, and website (if applicable), as well as uploading your CAC documents.
Next, you will upload an Excel schedule (using the template provided on the website) containing your employee list. After this, you will be required to upload Excel sheets detailing pension contributions. You will also need to upload your organisation’s group life insurance documentation and payment instrument.
Finally, you will review your application and submit it for further processing by PenCom. Before commencing an application, ensure you have the following:
- Certificate of Incorporation (CAC documents)
- Group Life Insurance Policy for employees
- Evidence of Pension Fund Administrator (PFA) registration for employees
- Three years’ proof of monthly pension remittances, including penalties for any defaults (where applicable). For companies less than three years old, provide proof of remittances from the date of incorporation
- A valid Tax Identification Number (TIN)
- An employee schedule showing staff details and contributions (usually in Excel format) Templates are available on the PenCom portal
Also note that for the portal to accept employee details and remittance records, employees must have completed their data capture with their respective Pension Fund Administrator and updated their records to reflect their current employer.
Conclusion
Obtaining a Pension Clearance Certificate in Nigeria may seem technical at first, but once proper processes are established, it becomes routine. The key is consistency in remittance, maintenance of accurate records and prioritisation of compliance in overall operations.
For many Nigerian businesses, the PCC is more than a regulatory requirement; it is a mark of credibility. In a competitive environment, that credibility can make all the difference.
Gbolahan Oluyemi is a Legal Practitioner and currently leads Olives and Candles – Legal Practitioners. For further information, enquiries, or clarification, please contact Gbolahan via: [email protected] or [email protected]
By Blaise Udunze
Milestones often invite reflection. Birthdays, especially, offer a pause to measure time not merely in years lived, but in lives shaped and systems influenced. This is especially true for David Ogbueli, who is celebrating his birthday. But instead of focusing on how old he is getting, it is more interesting to think about the impact he has had, not just building visible success, but the quiet, persistent architecture of transformation that his ministry has helped construct across continents.
Come to think of it, that in an era obsessed with visibility, metrics, and viral impact, Ogbueli’s work represents something different and distinguishing, slower, deeper, and far more enduring. Yes, multitude within and outside the country who know him either closely or from a distance definitely can attest that it is common with him, as this happens to be the kind of influence that rarely trends but steadily alters the trajectory of individuals, institutions, and nations.
To understand the global footprint of his work, one must first confront a fundamental shift he embodies, which emphatically is the redefinition of ministry itself. Through Dominion City International, founded from humble beginnings as a campus fellowship in 1991 at the University of Nigeria and later formalised in 1995 in Enugu, Ogbueli has built what is now a vast global movement. With over 2,000 chapters spanning Africa, Europe, Asia, the Middle East, and the Americas, alongside regional offices in the United States, the United Kingdom, and Nigeria, Dominion City has evolved into far more than a church network, into a leadership engine with an ambitious ongoing vision across Nigeria and beyond.
What distinguishes this expansion is not just its scale, but its philosophy. Beyond running a church, Dominion City was never designed merely to gather people; it was built to raise leaders who transform society. One emerging fact today is that the philosophy has shaped a generation of professionals, entrepreneurs, public servants, and ministers who carry its influence into boardrooms, government institutions, and grassroots communities across the world.
At the heart of this ecosystem is a deliberate investment in human capital development. Verifiably, through platforms like the Dominion Leadership Institute, which has produced over 30,000 graduates globally, Ogbueli has undeniably and consistently built a leadership pipeline that addresses one of Africa’s most persistent challenges. These prevailing challenges are the deficit of capable, values-driven leadership. At this point, this narrative definitely contradicts societal beliefs that his curriculum must be confined to spiritual formation; rather, it will interest society to know that his agenda integrates systems thinking, governance, productivity, and ethical leadership, equipping participants to function effectively in complex environments.
This emphasis on leadership extends into a broader scope and platforms. One of them is the Global Leadership Forum, and it would be of interest that it is not just designed for spiritual pursuit, but it is a mentorship and training hub designed to enhance performance and productivity across sectors, including business, politics, ministry, and enterprise. It reflects Ogbueli’s conviction that transformation must be holistic, that transcendence and cutting across every sphere of human endeavour.
Yet leadership, in his framework, is incomplete without economic empowerment. Across his ministry network, initiatives have been structured to move individuals from dependency to productivity. This is evident in large-scale interventions such as a N1 billion entrepreneurship support fund introduced to equip participants with the resources, skills, and networks required to succeed in business and career pursuits. At leadership retreats and empowerment programs, thousands are trained in areas ranging from agriculture and food security to innovation, healthcare, and global enterprise.
Beyond structured programs, his personal actions reinforce this philosophy. has sparked widespread reactions following a remarkable act of generosity during a recent church service
From distributing financial support to individuals in need during church services to empowering teams within the ministry with significant financial gifts, as one recent such act sparked widespread reactions following a remarkable benevolence, gifting about 35 choristers N1 million each during a recent church service. With several other instances of generosity in the past, Ogbueli consistently underscores a critical principle that reveals that while immediate relief matters, sustainable change comes from enabling people to create value. In the course of one such intervention, which captures this ethos succinctly, he said that giving alone is not enough; people must be equipped to build.
With the right mindset, this approach aligns with a broader development truth that clearly states nations do not rise on charity, but on the strength of productive citizens. By embedding this mindset within a faith-based structure, Ogbueli is redefining how development can be pursued at scale.
Equally significant is his ability to mobilise faith as a development asset. It is an irony that in many parts of Africa and the global South, religious institutions remain among the most trusted social structures. Yet, their potential as vehicles for development often remains underutilised. Ogbueli’s model challenges that limitation by positioning the church as a hub for leadership incubation, economic activation, and social accountability.
Through initiatives like the Golden Heart Foundation, he has extended this vision into the nonprofit space. One of the good feats is that the foundation’s flagship program, the National Youth Summit, attracts over 50,000 participants annually from across Africa, focusing on leadership education, value reorientation and entrepreneurial development. These interventions target young people, especially a demographic that represents both Africa’s greatest asset and its most urgent responsibility.
His influence also extends into collaborative networks such as the Global Missions Network, which usher in developmental change, thereby bringing together leaders with a shared mandate of expanding the reach of the Gospel while driving national transformation. One important aspect of Ogbueli’s strategic drive for change is that through such alliances, his ideas are not confined to a single organisation but are disseminated across a broader ecosystem of leaders and institutions.
Beyond ministry and nonprofit initiatives, Ogbueli’s engagement with development takes on an institutional and structural dimension. This is driven through ventures like Huram Development, which is involved in large-scale projects including auditoriums, estates, and universities. Noteworthy also is that he is contributing to physical infrastructure that supports long-term growth. Similarly, Priesthood Institute is equipping ministry professionals with the competence and capacity required for modern-day leadership, while Shalom World ensures the distribution of knowledge resources through books and media.
Also, one significant dimension of Ogbueli’s influence lies in his intellectual contributions, which portray him as a prolific author with nearly a hundred published titles spanning leadership, personal development, spirituality, and nation-building. His more recent works include Pillars of King Solomon’s Wisdom & Wealth, Jewish Secrets, and The Laws of Proper Speech. Meanwhile, this reflects his continued effort to distil timeless principles into practical frameworks for contemporary living and reinforce his broader mission of transforming minds as a pathway to transforming societies.
Ogbueli is the host of the TV and Radio Program Expand Your World, which runs on TV and radio stations across Nigeria, extending his influence to seven continents, reinforcing his role not just as a pastor but as a global thought leader in transformation and leadership.
Importantly, Ogbueli’s credibility is not confined to religious circles only. Being a management and public policy consultant, an alumnus of institutions such as the Harvard Business School, Lagos Business School, and National Institute for Policy and Strategic Studies, he operates at the intersection of spirituality and strategy. It must be established that his engagements with governments, corporate organisations, and policy platforms reflect a rare ability to translate faith-based principles into actionable frameworks for development.
Unbeknownst to many, perhaps the most enduring feature of his model is its emphasis on multiplication. Rather than building a personality-driven movement, Ogbueli has focused on raising leaders who can replicate systems independently. This distributed approach ensures that his influence is not limited by geography or personal presence. It also guarantees continuity, a critical factor in sustainable development.
Of course, the challenge of measuring such an impact remains. Unlike infrastructure projects or economic indices, which are factors on which the government’s progress is reliant, the outcomes of leadership development and mindset transformation are not immediately quantifiable but have a greater impact. They unfold over time, often expressed in stories rather than statistics used for evaluation, a thriving business birthed from a training program, a principled leader emerging in public service, a community mobilised for collective progress.
Yes, in most cases, these outcomes may be difficult to measure, but they are foundational to nation-building and transformation beyond boundaries.
One important aspect the world must clearly know is that Pastor David Ogbueli’s contribution lies not merely in what he has built, but in what he has set in motion, which is transgenerational. This tells that his work challenges conventional development paradigms by emphasising that lasting change begins with people, their values, their thinking and their capacity to build systems that endure.
One of Ogbueli’s outstanding influences, beneath the surface, even in a world grappling with complex challenges, from economic instability to leadership crises, is such that his model offers a compelling reminder that transformation is not only engineered through policies and capital but through the deliberate cultivation of human potential.
His legacy is rapidly unfolding. But already, it is evident that the structures he has built, across ministry, leadership development, youth empowerment, and enterprise, are quietly shaping a future that extends far beyond the pulpit.
And perhaps that is the most powerful kind of transformation, the kind that is not always seen, but is deeply felt, widely spread, and ultimately, enduring.
Blaise, a journalist and PR professional, writes from Lagos and can be reached via: [email protected]
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