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EMPIRICAL ANALYSIS OF THE IMPACT OF CORPORATE GOVERNANCE PRACTICES ON THE HEALTHCARE PHARMACEUTICAL INDUSTRY LISTED COMPANIES IN NIGERIA.





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EMPIRICAL ANALYSIS OF THE IMPACT OF CORPORATE GOVERNANCE PRACTICES ON THE HEALTHCARE PHARMACEUTICAL INDUSTRY LISTED COMPANIES IN NIGERIA.



TABLE OF CONTENTS
PAGE
CHAPTER ONE: INTRODUCTION
1.1   Background of the Study                                                         1
1.2   Statement of the Problem                                                7
1.3   Purpose                                                                           8
1.4   Research  Questions                                                                9
1.5   Research Hypothesis                                                               10
1.6   Significant of the Study                                                   10
1.7   Scope of Study                                                                 11
1.8   Definition of Terms                                                          12
1.9   Operational Measure of the Study Variables                    15
CHAPTER TWO: LITERATURE REVIEW
2.1   Introduction                                                                     18
2.2   Corporate Governance Defined                                                18
2.3   Members of Corporate Governance                                  23
2.4   Principals of Good Corporate Governance                                25
2.5   Issues Involving Corporate Governance Principles
include the following                                                                       28
2.6   Compensation Arrangement for Client Executive
Officers and other Senior Executive                                         33
2.7   Duties of Board of Directors                                             35
2.8   Dividend Policy                                                                39
2.9   Corporate Performance Evaluation                                  55
2.10 Evaluating of Financial Ratios                                                58
2.11 Empirical Studies on Financial Ratios                             59
2.12 Auditor’s Independence                                                   74
2.13 Characteristics of Good Corporate Governance                        85
2.14 Mechanisms and Controls of Corporate Governance               87
2.15 Focus on Corporate Governance to prevent fraud            93
2.16 Corporate Governance in Nigeria                                     100
CHAPTER THREE: METHODOLOGY
3.0   Introduction                                                                     105
3.1   Area of Stud                                                                     105
3.2   Population of Study                                                                 105
3.3   Sampling Framework                                                       105
3.4   Data Collection Instrument                                              106
3.5   Method of Data Analysis                                                  106


CHAPTER ONE
INTRODUCTION
1.1      BACKGROUND OF THE STUDY
Li Background of the study
It is generally believed that poor corporate governance has been the undoing of many corporations in both developing and developed nations. This is particularly true of Nigeria, were corruption is endemic. An increasing number of researchers are finding that poor corporate governance is a leading factor in poor performance, manipulated financial reports, and unhappy stakeholders. Corporations and regulatory bodies are now trying to analyze and correct any existing defects in their reporting system. The interests of investors and other stakeholders are usually protected by a three-tier security system vis-à-vis reporting system regulated by public and private institutions which subject public companies to certain disclosure standards, and their auditors to audit, independence, ethical and quality control standards while the third is the system of internal control, which provides reasonable assurance on the effectiveness and efficiency of operations. The reliability of financial reporting and compliance with applicable laws and regulations by organizations/ accountants should step away from the traditional approach of mere compliance with rules to being the study of traits/ behaviour of corporate management, which forensic accounting affords.
Corporate governance is related to philosophy, politics, law, confidence and business ethics. The actual applications of corporate governance may range from the clarification of ownership, board composition and guidelines of independence for the independent directors to the conducting of investors relations. Although one may regard it as a topic simply about the protection of shareholders value and the idea of social responsibilities of companies. The social responsibility of a company is a matter connected with corporate citizenship, a philosophical image of a multi-national company on the global market; corporate governance is a new challenge. The debate is cultural inclination rather than financial or technical capacity to meet the regulatory requirements and the expectation from the public.
As owners of the company, there is a good reason why shareholders demand that their investment should be protected. On the other hand, the depending notion of corporate social responsibilities is quite controversial. The fundamental moral argument is that any member of a society, whether a person or a company is supposed to have a sense of responsibility towards the society.
Corporate governance as a practice is about complying with a set of expected behaviour referred to as a code of corporate governance practice. The required rule may be embedded mainly in legislation or a code of practice enforced by the stock exchange as listing rules, or a combination of both.
No doubt a director should be a trustworthy person but he or she should also be a competent member of the board, the body that has the responsibility to oversee the affairs of the company.
The role of a corporate governance director is somewhat like an “internal monitor”. Looking after the interest of all shareholder and other stakeholders. The jobs is to identify the systemic infirmities of the company, for example why independent judgment does not exist or nearly non-performing. This position covers not only the dynamics of major internal controls, but also the external task of social responsibility of investors’ relations.
Although the concept “corporate governance” is novel, the practice not novel (Smith, 1776 Marshall, 1920 and Berle and Means, 1932). However, the resurgence and rejuvenation of the glamor for accountability of managers can be traced to the Cadbury Report 1920 and more recently the Hampel Report as far as the U.K. is concerned. While the Cardbury Report (1992) emphasizes accountability and stewardship, the Hampel Report balances this view of corporate governance by stating that the single over riding objective of companies is the preservation and greatest practical enhancement over time of the shareholders’ investment (Hampel Report, para 1.16). this means that accountability should be balanced with enterprise in the pursuit of corporate governance in a company. This conforms with the views of Egbe (2011).
“The dynamic and complexities of the Nigerian corporate environments considerably affect the relationship between corporate governance practice and firms financial performance in Nigeria. Consequently, appointments of boards members and audit committee members are not free from political influence which affects their independence respectively and results in poor financial performance.”
“Family ownership concentration which characterizes Nigeria quoted manufacturing companies also influences the relationship between corporate governance code and firma financial performance. Corporate decisions/affairs are inevitably interfered with by family members”.
Also organizational growth affects the relationship between the corporate governance codes and firms financial decisions. Large size and mature companies are more likely to employ a more sophisticated financial reporting system. This creates avenues for managers to manipulate corporate earnings/accounting numbers in an attempt a deceive and mislead owners and investors.
A good corporate governance system would improve performance in two ways. Firstly, it will induce management to make decisions that would maximize the value of the company to the shareholders. This affects firms performance and profitability in that through laws, rules and regulations discipline is instilled in behaviour of management thereby protecting investors and increasing firms’ values. Secondly from the shareholders view point good corporate governance system gives incentive to shareholders view point good corporate governance system gives incentive to shareholders to monitor and influence management in order to protect their significant investment. This “action monitoring hypothesis’ reduces managerial opportunism, resulting in lower agency conflict between managers and shareholders
Entrenching good corporate governance in Nigeria quoted companies in a must. There have been incidents of corporate failures, corporate frauds, and overstatement of accounts both locally and internationally. Any failure to properly deal with this problem may result into total loss of confidence in the capital market with all the attendant negative consequences. In particular, the match towards attaining international competitiveness of the Nigeria capital market would suffer a major setback.


1.2      STATEMENT OF THE PROBLEM
La Porter et al (2000) observed that controlling shareholders and managers use companies’ profits to benefit themselves rather than return the money to outside members. The issue of corporate governance has significant effect on performance of the organization. Where investors finance firms, there is a risks that controlling shareholders and managers expropriate returns by stealing profit, selling the firm’s output, assets, and additional securities to the firm they control or own at a price below the market price, diverting corporate opportunities from the firm, installing possibly unqualified family members in managerial positions or over-paying executives. These practices where they exist will tell on the performance and hence the value of the firm to shareholders. They are evidence of weak corporate governance structure and these are likely to negatively relate to performance. On the contrary, a strong corporate governance structure will tell positively on the firm’s performance and profitability.


1.3      PURPOSE
The aim of this study is to determine the relationship between corporate governance practices and performance of organizations. The relationship between corporate governance and firm’s performance suggests that corporate financing decision take by managers and their incentive to act in their interest can be influenced by a good corporate governance structure, specific objectives include:
1.     To find out whether there is any relationship between corporate governance practices and performance of the firm.
2.     To determine whether there is any relationship between any corporate governance practices and the firm’s value.
3.     To ascertain the level of awareness of firm’s studied of the corporate governance codes, conduct and laws.
4.     To determine whether the firms studied have a weak or corporate performance practice and
5.     To ascertain the effects if they are weakness or strength on the firms.
1.4   RESEARCH QUESTIONS
The study examine the following questions
1.     Is there any relationship between audit committee independence and Return On Assets (ROA).
2.     Is there any relationship between board size and Return On Equity (ROE).
3.     What is the relationship between directors shareholding ratio and Earnings Per Share (EPS).
4.     Are firms studied aware of codes of conduct, laws and principles of corporate governance?
5.     Do they adhere to these codes of conduct law and principles?
6.     What are the effects of weak corporate governance on these firms generally. These questions are addressed using a selected number of quoted companies in the healthcare pharmaceutical industry of the Nigerian economy.


1.5   RESEARCH HYPOTHESIS
The following research hypotheses (H0) in Null form shall be tested during our data analysis:
H01:  There is no significant relationship between directors shareholding ratio and earnings per share.
H02:  There is no significant relationship between audit committee independence and Return On Assets (ROA).
H03:  There is no significant relationship between Board size on Return on Equity (ROE).
1.6   SIGNIFICANCE OF THE STUDY
This study will bridge the gap that exists between managers and shareholders. Prospective investors will be able to ascertain through this study the level of corporate governance practice compliance and hence the efficiency with which manages handle resources of owners. Furthermore, it would identify weakness in the corporate governance practice of firms and thus compel an improvement. It would stimulate shareholders to their corporate governance responsibility while also motivating the manager to take the issue of corporate governance seriously.
The overall significance of the study is that it would improve corporate governance practices and thus the performance of the firm leading to better societal and corporate development.
1.7   SCOPE OF STUDY
The study focused on healthcare pharmaceutical firms listed in the Nigeria stock exchange. It is restricted to the 5 companies listed on the exchange the industry.
Since performance can be evaluated in different ways, Earnings Per Shares (EPS), Return on Equity (ROE) and Returns on Assets (ROA) were used as indicators of financial performance. The study is a longitudinal study and thus use annual reports of the selected companies for years 2006-2010.
1.8   DEFINITION OF TERMS
i.      Corporate Governance: deals with the manner in which companies are to be run meet the owners required return on invested capital and thus contribute to economic growth and effectives and ethical behavour in society put differently, it refers to the process and structure by which the business and affairs of the company are directed and managed, in order to enhance long term shareholder, value through enhancing corporate performance and accountability, whilst taking into account the interest of others stakeholders. Okeke (2008:14)
ii      Accountability: This is the ability of an account to be responsibility for his/her decisions or actions and expected to explain them when called upon.
iii.    Accounting: Accounting is a common term which people use freely and have knowledge of its meaning. To some people, it simply means how to count money to some others, it means how to check fraud (forensic accounting) or how to know it the organization is making profit or loss.
iv.    Auditors: An auditor is a professionally qualified accountant who has been given a license to carry out public practice. He is an independent persons normally appointed by the owners of a limited liability company to a professional opinion as to whether or not those financial statements shown true and fan view of a company as at the end of the financial year.
v.     Unethics: When the ethical conduct of individual as regards analyzing and recording of information is jeopardize that is refused to obey or go against the ethics of the accounting profession.
vi.    Ethics: Ethics generally refers to those principles and codes of behaviour that guide the conduct of any profession. The term usually carries along moral values.
vii.   External Audit: An audit performed by an auditor engaged in public practice leading to the expression of a professional opinion which leads credibility to the assertion under examination.
vii.   Financial Statements:  These are statements or report normally prepared and presented to external users. It comprises of two major sentiments the income statement and the balance sheet. The income statement measures the net income or surplus arising from the operations while the balance sheet disclosure the financial position (that is the disposition of the assets liabilities and capital) of the undertakings as at a particular date, usually the last day of the accounting period.
ix.    Forensic Accounting: Is the practice of utilizing accounting, auditing and investigative skills to assist in legal.
x.     Fraud: Fraud is an international deception to cause a person to give up property or some lawful right, which would also mean deceit, trickery or cheating. According to statement of Internal Audit standard No. 2 of the instituted of Internal Auditors, US.A. fraud is defined as “an array of irregularities or illegal acts characterized by the international deception.
xi.    Internal Audit: An audit performed by an employee who examines operational evidence to determine whether prescribed operational procedures has been followed.
xii.   Internal Control: Steps taken by a business prevent fraud-both misappropriation of assets and fraudulent financial reporting.
xiii.  Securities and Exchange Commission (SEC): A governance agency authorized to regulate companies seeking approval to issue securities for sale to the public.
1.9   OPERATIONAL MEASURE OF THE STUDY VARIABLES
The main variables of the study are:
Corporate Governance Practice: The independent variable, financial performance-the dependent variable.
Board Size:  Number of board members in a particular year.
Directors Shareholding (Board Holding): Percentage of shares held by directors over total outstanding shares in a particular year.
Audit Committee Independence:  Proportion of independent directors in audit committee in a particular year.
Financial Performance: Financial performance used in the study is accrual based. Accrual based financial performance solves the potential timing and matching problems associated with the use of cash flows as a short-term performance measure. However, the financial performance variables used in the study are earnings per share, return on equity and return on assets.
Earnings Per Share: The amount per each unit of equity share capital that is in issue and  rank for dividend in a particular period.
Returns on Assets: This refers to earnings before interest and tax over the firm’s total assets. The control variables used in the study are; corporate environment, ownership structure and corporate growth.
Corporate Environment: Natural logarithm (addition) of total assets of a firm in a particular year.
Ownership Structure: This refers to natural logarithm (addition) i.e. number of equity shares held to date.




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