[vc_row type=”vc_default” full_width=”stretch_row_content_no_spaces” css=”.vc_custom_1500547593342{padding-right: 100px !important;}” el_class=”noPaddinRow”][vc_column width=”1/6″ el_class=”noPaddingLeft” offset=”vc_hidden-md vc_hidden-sm vc_hidden-xs”][vc_raw_html]JTNDZGl2JTIwY2xhc3MlM0QlMjJtYWluLXN0cmlwJTIyJTNFJTBBJTNDZGl2JTIwY2xhc3MlM0QlMjJibHVlLXN0cmlwMCUyMiUzRSUzQyUyRmRpdiUzRSUwQSUzQ2RpdiUyMGNsYXNzJTNEJTIyYmx1ZS1zdHJpcDElMjIlM0UlM0MlMkZkaXYlM0UlMEElM0NkaXYlMjBjbGFzcyUzRCUyMmJsdWUtc3RyaXAyJTIyJTNFJTNDJTJGZGl2JTNFJTBBJTNDJTJGZGl2JTNF[/vc_raw_html][/vc_column][vc_column width=”5/6″ el_class=”justifyText” css=”.vc_custom_1530479968570{padding-right: 310px !important;}” offset=”vc_hidden-md vc_hidden-sm vc_hidden-xs”][vc_empty_space height=”50px”][vc_row_inner el_id=”newsletters”][vc_column_inner width=”1/6″][/vc_column_inner][vc_column_inner width=”2/3″][vc_custom_heading text=”Is there a Framework for Private Public Partnerships in Nigeria?” font_container=”tag:h1|font_size:22|text_align:justify|color:%236699cc|line_height:1.8″ use_theme_fonts=”yes”][/vc_column_inner][vc_column_inner width=”1/6″][/vc_column_inner][/vc_row_inner][vc_empty_space height=”25px”][vc_column_text]Provision of adequate infrastructure is an essential catalyst for socio-economic development. The attainment of Vision 2020 as espoused by the President Umaru Yar’Adua has prompted the Federal Government’s decision to partner with the organised private sector in infrastructural development through the grant of Concessions. The Government admits that resources are scarce and that it needs to get creative.
- What is a Concession? A Concession is a Public Private Partnership between Government and an appropriately qualified private sector entity/group of entities (consortium) for the purpose of financing, designing, constructing and maintaining infrastructure that would otherwise have been done through traditional Public Procurement channels i.e. public sector (Government) expenditure.
- What Projects are on stream? In Nigeria presently, the Concession Projects in existence are: The Murtala Mohammed Airport Domestic Terminal (MM2) Concession, Sea Ports Concession, Upgrading of the Lekki-Epe Corridor and the Itigidi Bridge Concession. Other Concession Projects being considered by the Government include the Second Niger Bridge Concession, Concession of certain designated Federal Highways, Concession of four International Airports and the Railways.
- Is there a legal framework for granting concessions in Nigeria? The investing private sector is bound to be concerned about the existence or otherwise of a sound legal backing to concession grants in Nigeria. A look at our statute books reveals that there are indeed a host of laws related to concession grants. Prominent amongst them are:
Infrastructure Concession Regulatory Commission Act 2005: This is arguably the most fundamental Concession regulating statute. It cloaks Federal Government Ministries, Agency or body involved in the provision of public services and Infrastructure with the authority to grant concessions in respect of such public services and infrastructure.
Public Enterprises (Privatisation and Commercialization) Act 1999: This Act sets up the Bureau of Public Enterprises and gives them the power to commercialise certain Federal Government entities listed in the schedule to the Act. Hence, when these Government entities are commercialised though concession grants the Bureau plays a key hole as evinced by the Sea Ports Concessions.
Public Procurement Act 2007: This legislation regulates the process through which the appropriately qualified private sector entity emerges i.e. from Request for Proposal (RFP) to award of Concession Grant. It lays down rules for transparency, probity and accountability.
Utilities Charges Commission Act 1992: This Act establishes a Commission that regulates prices of certain utilities. Thus, if any of such utilities is the subject matter of a concession grant, it stands to reason that the Commission would play a pivotal role in price fixing between the Concessionaire and the concession granting authority.
The Lagos State Roads, Bridges and Highway Infrastructure Law 2005: This law is of limited application as it applies only to Lagos state. It vests the power to grant concessions of designated state roads on the Lagos State Government. This is the enabling legislation of the Lekki-Epe Corridor Concession in Lagos state.
Public Sector Obligation Arguments: Some Nigerians have asserted that concession grants by the Government amounts to an abdication of its social responsibility. Attractive as this argument may seem, it is flawed.
Firstly, when the Government grants concessions its role just changes from “rowing” to “steering”. Its “steering” functions involve the supervision of the private sector party and ensuring that the requisite standards are met.
Secondly, in Concession grants what actually happens is that the Government actually procures the provision of services it would have rendered to its citizenry from the organised private sector, by giving up the right to an asset for a period. Therefore the fact that the Government grants concession does not necessarily amount to an abdication of her service provision role. It is generally hoped that with proper implementation of these concessions our economy will be galvanised both at the micro and macro levels. This conviction stems from the experience of Latin American countries and European nations that have walked these paths ahead of Nigeria.
We at DETAIL identify with this aspiration![/vc_column_text][/vc_column][/vc_row][vc_row type=”vc_default” full_width=”stretch_row_content_no_spaces” css=”.vc_custom_1500547593342{padding-right: 100px !important;}” el_class=”noPaddinRow”][vc_column el_class=”noPaddingLeft” offset=”vc_hidden-lg vc_hidden-xs”][vc_raw_html]JTNDZGl2JTIwY2xhc3MlM0QlMjJ0YWItbWFpbi1zdHJpcCUyMiUzRSUwQSUzQ2RpdiUyMGNsYXNzJTNEJTIydGFiLWJsdWUtc3RyaXAwJTIyJTNFJTNDJTJGZGl2JTNFJTBBJTNDZGl2JTIwY2xhc3MlM0QlMjJ0YWItYmx1ZS1zdHJpcDElMjIlM0UlM0MlMkZkaXYlM0UlMEElM0NkaXYlMjBjbGFzcyUzRCUyMnRhYi1ibHVlLXN0cmlwMiUyMiUzRSUzQyUyRmRpdiUzRSUwQSUzQyUyRmRpdiUzRQ==[/vc_raw_html][vc_empty_space height=”25px”][vc_row_inner][vc_column_inner width=”1/6″][/vc_column_inner][vc_column_inner width=”2/3″][vc_custom_heading text=”Is there a Framework for Private Public Partnerships in Nigeria?” font_container=”tag:h1|font_size:22|text_align:justify|color:%236699cc|line_height:1.8″ use_theme_fonts=”yes”][vc_column_text]Provision of adequate infrastructure is an essential catalyst for socio-economic development. The attainment of Vision 2020 as espoused by the President Umaru Yar’Adua has prompted the Federal Government’s decision to partner with the organised private sector in infrastructural development through the grant of Concessions. The Government admits that resources are scarce and that it needs to get creative.
- What is a Concession? A Concession is a Public Private Partnership between Government and an appropriately qualified private sector entity/group of entities (consortium) for the purpose of financing, designing, constructing and maintaining infrastructure that would otherwise have been done through traditional Public Procurement channels i.e. public sector (Government) expenditure.
- What Projects are on stream? In Nigeria presently, the Concession Projects in existence are: The Murtala Mohammed Airport Domestic Terminal (MM2) Concession, Sea Ports Concession, Upgrading of the Lekki-Epe Corridor and the Itigidi Bridge Concession. Other Concession Projects being considered by the Government include the Second Niger Bridge Concession, Concession of certain designated Federal Highways, Concession of four International Airports and the Railways.
- Is there a legal framework for granting concessions in Nigeria? The investing private sector is bound to be concerned about the existence or otherwise of a sound legal backing to concession grants in Nigeria. A look at our statute books reveals that there are indeed a host of laws related to concession grants. Prominent amongst them are:
Infrastructure Concession Regulatory Commission Act 2005: This is arguably the most fundamental Concession regulating statute. It cloaks Federal Government Ministries, Agency or body involved in the provision of public services and Infrastructure with the authority to grant concessions in respect of such public services and infrastructure.
Public Enterprises (Privatisation and Commercialization) Act 1999: This Act sets up the Bureau of Public Enterprises and gives them the power to commercialise certain Federal Government entities listed in the schedule to the Act. Hence, when these Government entities are commercialised though concession grants the Bureau plays a key hole as evinced by the Sea Ports Concessions.
Public Procurement Act 2007: This legislation regulates the process through which the appropriately qualified private sector entity emerges i.e. from Request for Proposal (RFP) to award of Concession Grant. It lays down rules for transparency, probity and accountability.
Utilities Charges Commission Act 1992: This Act establishes a Commission that regulates prices of certain utilities. Thus, if any of such utilities is the subject matter of a concession grant, it stands to reason that the Commission would play a pivotal role in price fixing between the Concessionaire and the concession granting authority.
The Lagos State Roads, Bridges and Highway Infrastructure Law 2005: This law is of limited application as it applies only to Lagos state. It vests the power to grant concessions of designated state roads on the Lagos State Government. This is the enabling legislation of the Lekki-Epe Corridor Concession in Lagos state.
Public Sector Obligation Arguments: Some Nigerians have asserted that concession grants by the Government amounts to an abdication of its social responsibility. Attractive as this argument may seem, it is flawed.
Firstly, when the Government grants concessions its role just changes from “rowing” to “steering”. Its “steering” functions involve the supervision of the private sector party and ensuring that the requisite standards are met.
Secondly, in Concession grants what actually happens is that the Government actually procures the provision of services it would have rendered to its citizenry from the organised private sector, by giving up the right to an asset for a period. Therefore the fact that the Government grants concession does not necessarily amount to an abdication of her service provision role. It is generally hoped that with proper implementation of these concessions our economy will be galvanised both at the micro and macro levels. This conviction stems from the experience of Latin American countries and European nations that have walked these paths ahead of Nigeria.
We at DETAIL identify with this aspiration![/vc_column_text][/vc_column_inner][vc_column_inner width=”1/6″][/vc_column_inner][/vc_row_inner][/vc_column][/vc_row][vc_row type=”vc_default” full_width=”stretch_row_content_no_spaces” css=”.vc_custom_1500547593342{padding-right: 100px !important;}” el_class=”noPaddinRow”][vc_column el_class=”noPaddingLeft” offset=”vc_hidden-lg vc_hidden-md vc_hidden-sm” css=”.vc_custom_1530480258982{padding-right: 70px !important;padding-left: 60px !important;}”][vc_raw_html]JTNDZGl2JTIwY2xhc3MlM0QlMjJtb2ItbWFpbi1zdHJpcCUyMiUzRSUwQSUzQ2RpdiUyMGNsYXNzJTNEJTIybW9iLWJsdWUtc3RyaXAwJTIyJTNFJTNDJTJGZGl2JTNFJTBBJTNDZGl2JTIwY2xhc3MlM0QlMjJtb2ItYmx1ZS1zdHJpcDElMjIlM0UlM0MlMkZkaXYlM0UlMEElM0NkaXYlMjBjbGFzcyUzRCUyMm1vYi1ibHVlLXN0cmlwMiUyMiUzRSUzQyUyRmRpdiUzRSUwQSUzQyUyRmRpdiUzRQ==[/vc_raw_html][vc_empty_space height=”25px”][vc_row_inner][vc_column_inner width=”1/6″][/vc_column_inner][vc_column_inner width=”2/3″][vc_custom_heading text=”Is there a Framework for Private Public Partnerships in Nigeria?” font_container=”tag:h1|font_size:22|text_align:justify|color:%236699cc|line_height:1.8″ use_theme_fonts=”yes”][vc_column_text]Provision of adequate infrastructure is an essential catalyst for socio-economic development. The attainment of Vision 2020 as espoused by the President Umaru Yar’Adua has prompted the Federal Government’s decision to partner with the organised private sector in infrastructural development through the grant of Concessions. The Government admits that resources are scarce and that it needs to get creative.
- What is a Concession? A Concession is a Public Private Partnership between Government and an appropriately qualified private sector entity/group of entities (consortium) for the purpose of financing, designing, constructing and maintaining infrastructure that would otherwise have been done through traditional Public Procurement channels i.e. public sector (Government) expenditure.
- What Projects are on stream? In Nigeria presently, the Concession Projects in existence are: The Murtala Mohammed Airport Domestic Terminal (MM2) Concession, Sea Ports Concession, Upgrading of the Lekki-Epe Corridor and the Itigidi Bridge Concession. Other Concession Projects being considered by the Government include the Second Niger Bridge Concession, Concession of certain designated Federal Highways, Concession of four International Airports and the Railways.
- Is there a legal framework for granting concessions in Nigeria? The investing private sector is bound to be concerned about the existence or otherwise of a sound legal backing to concession grants in Nigeria. A look at our statute books reveals that there are indeed a host of laws related to concession grants. Prominent amongst them are:
Infrastructure Concession Regulatory Commission Act 2005: This is arguably the most fundamental Concession regulating statute. It cloaks Federal Government Ministries, Agency or body involved in the provision of public services and Infrastructure with the authority to grant concessions in respect of such public services and infrastructure.
Public Enterprises (Privatisation and Commercialization) Act 1999: This Act sets up the Bureau of Public Enterprises and gives them the power to commercialise certain Federal Government entities listed in the schedule to the Act. Hence, when these Government entities are commercialised though concession grants the Bureau plays a key hole as evinced by the Sea Ports Concessions.
Public Procurement Act 2007: This legislation regulates the process through which the appropriately qualified private sector entity emerges i.e. from Request for Proposal (RFP) to award of Concession Grant. It lays down rules for transparency, probity and accountability.
Utilities Charges Commission Act 1992: This Act establishes a Commission that regulates prices of certain utilities. Thus, if any of such utilities is the subject matter of a concession grant, it stands to reason that the Commission would play a pivotal role in price fixing between the Concessionaire and the concession granting authority.
The Lagos State Roads, Bridges and Highway Infrastructure Law 2005: This law is of limited application as it applies only to Lagos state. It vests the power to grant concessions of designated state roads on the Lagos State Government. This is the enabling legislation of the Lekki-Epe Corridor Concession in Lagos state.
Public Sector Obligation Arguments: Some Nigerians have asserted that concession grants by the Government amounts to an abdication of its social responsibility. Attractive as this argument may seem, it is flawed.
Firstly, when the Government grants concessions its role just changes from “rowing” to “steering”. Its “steering” functions involve the supervision of the private sector party and ensuring that the requisite standards are met.
Secondly, in Concession grants what actually happens is that the Government actually procures the provision of services it would have rendered to its citizenry from the organised private sector, by giving up the right to an asset for a period. Therefore the fact that the Government grants concession does not necessarily amount to an abdication of her service provision role. It is generally hoped that with proper implementation of these concessions our economy will be galvanised both at the micro and macro levels. This conviction stems from the experience of Latin American countries and European nations that have walked these paths ahead of Nigeria.
We at DETAIL identify with this aspiration![/vc_column_text][/vc_column_inner][vc_column_inner width=”1/6″][/vc_column_inner][/vc_row_inner][/vc_column][/vc_row][vc_row][vc_column][vc_column_text]
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