The Legal Framework For Public Private Partnerships In Nigeria

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.

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.

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.

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.

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 book offers an overview of international examples, studies, and guidelines on how to create successful partnerships in education. PPPs can facilitate service delivery and lead to additional financing for the education sector as well as expanding equitable access and improving learning outcomes.

This collection examines public-private partnerships (PPPs) in transitional nations from the governance perspective. It explores the structures, legal frameworks and collaborative arrangements that underpin partnerships in Europe, Asia and Africa, and highlights government decisions that facilitate the transformation of societal challenges into developmental opportunities. By sharing the experience of nine nations, including China, Indonesia, Russia and Nigeria, it helps to better understand the commonalities in PPP deployment, avoid mistakes and pitfalls, and learn from other economies. The book raises the critical questions that concern many governments, including: What are the common and frequent mistakes that governments make when they deploy partnerships and deal with governance issues? How can countries increase PPPs’ benefits? Can PPPs be instrumental in accomplishing certain less traditional government tasks, such as disaster risk management of built infrastructure and promotion of clean energy? Can PPPs serve as a backbone of entrepreneurial networks and contribute to sustainable development? The groundwork is laid out for contrasting and comparing successful and unsuccessful government actions, institutional, legal and financing initiatives and procedures, allowing one to make cross-country and cross-sectoral comparisons. Policy-makers, consultants, managers and others working in the PPP field will find this volume useful, as well as academics, as they can learn from the international comparisons and the experience of others.

In view of the fact that public infrastructure, health and other services are being more consistently delivered through Public-Private Partnerships (PPPs) and concessions; this timely book explores these complex contractual arrangements involving cooperation between public and private sectors. It considers that PPPs have become increasingly prevalent following the financial crisis and examines the applicable legal regimes that are still, to a large extent, unclear to many.