The Influence of the Infrastructure Concession Regulatory Commission Act on the Public-Private Partnership in Nigeria

The Nigerian government has come to realize that the private sector can immensely contribute to the implementation of its policies, as a recent shift in government behavior to public-private partnership (PPP) shows. The federal government of Nigeria passed legislation to promote PPPs. Ayuli Jemide argues that the Infrastructure Concession Regulatory Commission (ICRC) Act of 2005 will speed the growth of Public-Private Partnerships in Nigeria.
 
Mr. Jemide writes: With the obvious paucity of capital to satisfy developmental needs in Nigeria, government has come to realize that the private sector can immensely contribute to the implementation of its policies. Recent experience has revealed in a number of ways, a shift from government traditional activities to a modern and more meaningful result-oriented public-private partnership (PPP). The federal government of Nigeria has passed legislation to give a boost to PPPs. Ayuli Jemide argues that the Nigerian Infrastructure Concession Regulatory Commission (ICRC) Act of 2005 will speed up the growth of the emerging Public-Private Partnership regime in Nigeria.Defining Public-Private Partnership
 
Some institutional regimes have divergent opinions on what PPP is. Within the concept they include: a method of procuring public services, an outsourcing, a concession or even an ordinary contract or contractual arrangement between the public and the private sectors. It has no regimented band; its history has shown such definitions are guided by various jurisdictional scopes and policy purposes.
 
A working definition was offered by the Institute of Public-Private Partnership (IP3), headquartered in Washington, D.C., which defines a PPP as: A partnership between Government and an appropriately qualified private sector, entity, or group of entities, for the purpose of financing, designing, constructing and/or operating infrastructure or services that would normally have been provided through traditional public channels. (from PPP Concepts, Rationale and Contractual Options, module 1 of the SADC and IP3 PPP Skills and Competency Development online training programme) Does the ICRC Act provide (by Scope or Definition) a Legal Framework for all Forms of PPP in Nigeria?