Institutional Framework For Public Private Partnerships In Nigeria

Public-private partnerships (PPPs) are long-term contracts between the government and the private sector with the aim of delivering cost-effective, well-maintained infrastructure facilities. The PPP arrangement makes room for the private sector to tap into private capital and expertise to drive economic growth and development. This is largely due to the huge infrastructure deficit that has been the bane of both developed and developing and emerging economies in contemporary times. The regulation of PPP is to ensure that there is a balance between the goals of the public sector and the private sector partners to a PPP transaction. Regulation is the tool for monitoring the market place, ensure protection for the private investor, and ensuring that the project meets with public policy including environmental protection. The paper argues that the regulation of PPP in Nigeria should be made less complex to achieve the above objectives.

The era of government singlehandedly providing infrastructural facilities are long gone. Governments all over the world in this new dispensation cooperate with the private sectors in the provision and management of various infrastructural facilities in their respective countries. Based on archives of relevant literatures reviewed, this study focuses on Public Private Partnership (PPP) with respect to its effect on infrastructural development in Nigeria. It sets out to assess the role of this union of convenience on the growth of various infrastructures in Nigeria, with a view to evaluating in specific terms the challenges of the partnership on infrastructural development in Nigeria and to proffer solutions to them. Finding revealed that Public Private Partnerships in Nigeria are faced with challenges ranging from dearth of financing and when such is in place, it carries high interest rate. Another strong challenge hinges on lack of experience in project financing by bank officials and technical expertise. The findings further revealed lack of sound legal and institutional framework as a backing for Public Private Partnership in Nigeria. Despite these challenges, the study finds that the mutual relationship between the Public and Private sector had contributed immensely to the growth of infrastructures in the country as revealed by this reviewed work. The study recommends the establishment of the required regulatory framework for proper implementation of Public Private Partnership projects. Moreover, Nigerian banks through the CBN should be assisted to cope with the financing skills required for PPP.

This timely new book provides an international perspective on Public Private Partnerships. Through 21 case studies, it investigates the existing and fast developing body of principles and practices from a wide range of countries and is the first book to bring together leading international academics and practitioners under a common framework that enables convenient cross-country comparisons. The authors focus on the impact of the financial crisis has had on how governments have reviewed and overhauled their PPP policies as they have examined or tested new ways of partnering more effectively, efficiently and sustainably with the private sector. Readers will be able to gauge the level of maturity of PPP development in the book’s case studies, understand similarities and differences in their practices, and gain useful insights into the regulatory framework and institutional infrastructure in place to support implementation of PPP. Finally, the book offers insights into the future challenges and opportunities that PPP offers stakeholders.

Investment in infrastructure can be a driving force of the economic recovery in the aftermath of the COVID-19 pandemic in the context of shrinking fiscal space. Public-private partnerships (PPP) bring a promise of efficiency when carefully designed and managed, to avoid creating unnecessary fiscal risks. But fiscal illusions prevent an understanding the sources of fiscal risks, which arise in all infrastructure projects, and that in PPPs present specific characteristics that need to be addressed. PPP contracts are also affected by implicit fiscal risks when they are poorly designed, particularly when a government signs a PPP contract for a project with no financial sustainability. This paper reviews the advantages and inconveniences of PPPs, discusses the fiscal illusions affecting them, identifies a diversity of fiscal risks, and presents the essentials of PPP fiscal risk management.

The collection of papers brings out the complexities in PPP in terms of types, conceptualization, structure, institutions, and financing. It covers a broad sweep ranging from infrastructure to services and utilities; and from global to Indian states. The methodology is primarily empirical but the thrust is on conceptualization of PPP in its various forms and frameworks. PPP is still a practitioner’s field but is growing in size and significance; and as a solution to failures of public system and the consequent privatization. It is a major attraction to policy makers and funding agencies given its middle-of-the-road approach. It is likely to gain currency, but it is important that we get deeper understandings of this form before we place more faith in this. The papers in this book, selected from a conference on PPP held at the Indian Institute of Management Bangalore in 2008, raise several important conceptual issues and seek to address some of them.

This first major book on Public-Private Partnerships (PPP) in Nigeria explores the legal, policy and strategic issues involved in the structuring and execution of PPP projects in Nigeria. The book goes beyond the toolkit approach of other available resources to blend the theoretical analysis of concepts with practical step-by-step guides for consummating projects. The book adopts a multidisciplinary approach by integrating law, economics, finance and project management literature, relying on the author’s extensive experience in the field to give clear insights on the PPP concept. The case study methodology employed in the book produces rich and compelling empirical results. This book is suitable for beginners wishing to develop an understanding of the concept, as well as practitioners advising on PPPs. Students and academics wishing to carry out further research on PPPs will also benefit from the book.

This Handbook aims to support policy-makers, national governments, national and regional public administrations, PPP officers, practitioners and academia in the design, implementation and assessment of appropriate responses to foster PPPs' uptake in the context of developing and emerging economies.

The availability of infrastructure plays a significant role in the quality of life of citizens of any given jurisdiction. Nigeria's huge infrastructure deficit poses a serious challenge to the country. The shift towards a Public-Private Partnership (PPP) policy by the Nigerian government at the Federal and state levels is a welcome development. In this Book, the author argues that Government must do more to encourage private investors in infrastructure financing, be consistent as far as policy is concerned as well as review the framework that currently regulates PPP in the country.

Examining innovative ways to address Africa’s infrastructure deficit is at the heart of this analysis. Africa’s infrastructure stock and quality is among the least developed in the world, a challenge that significantly hinders economic development. It is estimated that the finance required to raise infrastructure in Sub Saharan Africa (SSA) to a reasonable level within the next decade is at US$93 billion per year, with two-thirds of this amount needed for capital expenditures. With the existing spending on infrastructure being estimated at US$45 billion per annum and after accounting for potential efficiency gains that could amount to US$17 billion, Africa’s infrastructure funding gap remains around US$31 billion a year. One approach to address this challenge is by facilitating the increase of private provision of public infrastructure services through public-private partnerships (PPPs). This approach, which is a relatively new arrangement in SSA is multifaceted and requires strong consensus and collaboration across both public and private sectors. There are several defined models of PPPs. Each type differs in terms of government participation levels, risk allocations, investment responsibilities, operational requirements, and incentives for operators. Our definition of PPPs assumes transactions where the private sector retains a considerable portion of commercial and financial risks associated with a project. In more descriptive terms, among the elements defining the notion of PPPs discussed in this study are: a long-term contract between a public and private sector party; the design, construction, financing, and operation of public infrastructure by the private sector; payment over the life of the PPP contract to the private sector party for the services delivered from the asset; and the facility remaining in public ownership or reverting to public sector ownership at the end of the PPP contract. The observations and policy recommendations that follow draw on ongoing World Bank Group PPP engagements in these countries, including extensive consultations with key public and private sector stakeholders involved in designing, financing, and implementing PPPs. The study is structured around the most inhibiting constraints to developing PPPs, as shared by all six countries.

Over the years, a shortage of funds has resulted in a huge deficit in government budgets for infrastructure, especially in developing economies. It is no longer feasible for governments to bear the entire burden of funding public infrastructure. Given that an inadequate supply of public infrastructure poses a challenge for the economic development of any country, partnerships with the private sector to fund public infrastructure procurement has started to be relied on as an alternative to traditional public procurement. Public-Private Partnerships are an arrangement that allow private entities to fund, design, manage and operate public infrastructure for a term in exchange for the payment of tolls by users or the government may well be the solution to the infrastructure crisis in many developing economies. This book examines the role of law in the adoption, implementation and regulation of Public-Private Partnership in selected developing economies including Brazil, India, Nigeria and South Africa to address how to deal with overlapping laws and how the law can protect assets invested in PPP in order to attract private sector interests in infrastructure financing in developing market, showing how law can be used to create, sustain and promote PPP frameworks that take into account local circumstances in developing economies.