LEGAL AND REGULATORY FRAMEWORK FOR PUBLIC-PRIVATE PARTNERSHIPS
Framework · Governance
A Framework governs public-private partnerships for financing and developing public infrastructure in Nigeria. It targets federal ministries, private investors, and the Infrastructure Concession Regulatory Commission to ensure transparent procurement processes. This attracts private capital and protects public interests in long-term agreements.
LEGAL AND REGULATORY FRAMEWORK FOR PUBLIC-PRIVATE PARTNERSHIPS
What Is This Policy?
A comprehensive framework governing how the Federal Government of Nigeria may enter into public-private partnership arrangements for the financing, development, and operation of public infrastructure assets.
Who Does It Target?
Federal ministries and agencies procuring infrastructure via PPP Private sector investors and concessionaires The Infrastructure Concession Regulatory Commission (ICRC) Development finance institutions funding PPP projects
What Does It Aim to Achieve?
Provide legal certainty for PPP transactions, protect public interests in long-term concession agreements, attract private capital into infrastructure, and establish a transparent PPP procurement process.
Key Features
ICRC Oversight: The ICRC reviews and approves all Federal Government PPP agreements before execution, ensuring compliance with the PPP framework. Competitive Procurement: PPP projects must be competitively tendered to ensure value for money and transparency. Risk Allocation: The framework provides principles for allocating risks between public and private partners based on which party can best manage each risk. Contract Standards: Standardised concession agreement templates reduce transaction costs and provide investor certainty.
Current Status
Rollout Stage: Active Coverage: All Federal Government infrastructure sectors including roads, power, ports, and healthcare Beneficiaries: Nigerian public through improved infrastructure; private investors through PPP opportunities Funding: Private sector investment; public viability gap funding where applicable
How to Access
Federal MDAs must obtain ICRC approval before signing PPP agreements Private sector investors must participate through competitive tendering All PPP contracts must include prescribed minimum provisions Application method: Engage the Infrastructure Concession Regulatory Commission (ICRC) at https://www.icrc.gov.ng
Important Terms
PPP agreements bind the government for the concession period and create contingent liabilities Unsolicited proposals are permissible but must go through a rigorous review process ICRC approval is a prerequisite for the agreement to be legally valid
Official Resources
Website: https://www.icrc.gov.ng Contact: Infrastructure Concession Regulatory Commission (ICRC)
Legal Framework
Operates under the Infrastructure Concession Regulatory Commission (Establishment, Etc.) Act 2005, the Fiscal Responsibility Act 2007, the Public Procurement Act 2007, and the Budget and National Planning Ministry guidelines. Draws on the Debt Management Office Act 2003 and international best-practice PPP frameworks including World Bank guidelines.