Legal Challenges and Prospects in the Implementation of Public Private Partnership (PPP) Policy in Nigeria

Public Private Partnership (PPP) as a procurement option in Nigeria’s quest for the reduction of deficit in its public infrastructure stock has not been wholly successful. In this respect, the paper looks at the challenges of PPP implementation as well as the prospects that in spite of these challenges, the PPP model remains a realistic solution to public infrastructure provision in Nigeria. Using the doctrinal research methodology to leverage on information from journals, conference papers, newspaper articles and internet searches, the paper was able to identify weaknesses in Nigeria’s PPP legal framework, the inadequacy of the PPP policy and processes, institutional conflicts in PPP regulatory environment, and the lack of PPP capacity and experience of both public and private sector officials as the major challenges militating against PPP success in Nigeria. However, in spite of these challenges, the paper was able to show that the PPP option still holds an ace of card in view of National aspirations for adequate infrastructure provision; insufficient budgetary provision for public infrastructure; increased enthusiasm of public sector officials to leverage on private sector finance and expertise; efforts by stakeholders to amend the dominant PPP legislation; the foray into the sector by the Central Bank of Nigeria and the Federal Ministry of Finance with the potential of reforming the PPP financing aspect; as well as the conduct of the judiciary, which has left no one in doubt of its resolve to be fair and just between and among contracting parties. The paper therefore recommended an amendment of the Infrastructure Concession Regulatory Commission Act so as to expand the definition of PPP; recognize other types and tendencies of PPP; provide for ‘savings’ and ‘exclusion’ sections in order to mitigate institutional conflicts; and adopt a more all-encompassing and investment-friendly name as the words ‘concession regulatory’ in the short title of the Act is anything but user-friendly.