Ensuring a healthy legal and regulatory environment for public-private partnership in Nigeria

Arimoro, Augustine Edobor (2018) Ensuring a healthy legal and regulatory environment for public-private partnership in Nigeria. (PhD thesis), Kingston University, .

Abstract

The need to tap private capital and expertise for the public-sector to concentrate on policy making are the chief reasons why governments across the globe are increasingly adopting the public-private partnership (PPP) model of infrastructure procurement. This research investigated the investment climate for PPP in Nigeria by examining the legal, institutional and regulatory structure in place for participation of the private sector in the procurement of infrastructure in the country to determine how the framework for PPP in the country stimulates or mars the success of PPP arrangements. The rational for the study is to develop mechanisms to enhance the interest of both local and foreign investors given the wide infrastructure gap in the country. The spate of project failures, mistrust by community stakeholders and disputes indicates that there is a lack of proper understanding of how PPPs can work in the country. To provide a workable framework, the study draws lessons from two other developing economies with similar federal structures like Nigeria. It is expected that the lessons derived from this research will form an instrument for Nigerian PPP policy framers to fashion a holistic framework to arouse private sector interest in PPP projects as well as assist government in the management of such arrangements in the country. Consequent upon the foregoing, this research supports community involvement in all PPP projects, respect for contracts by the public sector, reduction of the gestation period for contracts, limiting unnecessary bureaucracy as well as the encouragement of the growth of a local financial market base for private funding of infrastructure by means of PPP model of procurement.

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