Assessment of the Legal and Institutional Framework for the Management of Fiscal Liabilities Arising from Public-Private Partnerships (PPPs) in Nigeria
George Nwangwu
Research Fellow, African Procurement Law Unit, Department of Mercantile Law, Stellenbosch University. South Africa and Honorary Senior Research Associate, The Bartlett School of Construction & Project Management, University College London, London, United Kingdom.
https://doi.org/10.47191/jefms/v4-i8-08ABSTRACT:
The procurement of infrastructure projects through the use of PPPs has a number of advantages including the potential of reducing life cycle costs, better project risks management and improved service delivery to mention a few. However, PPPs inevitably give rise to liabilities whether explicit or contingent. These liabilities where not properly managed may have adverse economic consequences for countries. This paper finds that whilst Nigeria has appropriate legal and institutional structures for managing fiscal liabilities generally, such structures are not designed or appropriate to deal with fiscal liabilities arising from PPPs. The paper makes suggestions on how this shortcoming may be addressed.
Keywords:
Fiscal Liabilities; Public-Private Partnerships; Nigeria; Risk Management; Infrastructure
REFERENCES:
Legislations
1) Constitution of the Federal Republic of Nigeria, 1999
2) Debt Management Office (Establishment)Act No. 18 of 2003 Cap D12, LFN 2004.
3) Infrastructure Concession Regulatory Commission (ICRC) Establishment Act, 2005.
4) The Fiscal Responsibility Act, No. 31, 2007.
Regulations
1) National Planning Commission, ‘National Integrated Infrastructure Master Plan’ The Presidency, Federal Republic of
Nigeria, Abuja.
2) The Infrastructure Concession Regulatory Commission (ICRC) ‘National Policy on Public Private Partnership (PPP), The
Presidency Abuja.
Journals
1) Ibrahim A.D, et. al ‘The analysis and allocation of risks in public private partnerships in infrastructure projects in Nigeria’,
(2006) Vol. 11 Iss: 3 Journal of Financial Management of Property and Construction, pp.149 – 164.
2) Nwangwu George ‘Managing Contingent Liabilities Arising from Public-Private Partnerships’ (2018) 9 Afe Babalola
University Journal of Sustainable Development Law and Policy, p. 67-83
3) Nwangwu George ‘The Legal Framework for Public-Private Partnerships (PPPs) In Nigeria: Untangling the Complex Web’,
European Procurement and Public Private Partnership Law Review, Volume 7 (2012), Issue 4, Pg. 268-277.
Books
1) Grimsey D. and Lewis K. (2004) ‘Public Private Partnerships: The Worldwide Revolution in infrastructure Provision and
Project Finance, (Cheltenham UK: Edward Elgar Publishing)
Thesis
1) Al-Bahar J.F. (1989) ‘Risk Management in Construction Projects: A Systemic Analytical Approach for Contractors’. PhD.
Thesis University of California Berkeley, 1989;
2) Nwangwu G. ‘A Risk Based Approach to Enhancing PPPs in Nigeria’ PhD Thesis (University of Hull: United Kingdom, 2013).
Report
1) Hall, D. (2008) Public-Private Partner ships (PPPs) Summary Paper, A Report Commissioned by the European Federation
of Public Service Unions (EPSU).
Websites
1) Iossa, E. et al (2007) ‘Best Practices on Contract Design in Public-Private Partnerships’, at
http://www.gianca.org/papersHomepage/Best%20Practices%20on%20Contract%20Design.pff (last accessed on
November 19, 2020)
2) Verougstraete Mathieu, ‘Building Capacity for Public-Private Partnerships’ World Bank Blogs. Found Online at:
https://blogs.worldbank.org/ppps/building-capacity-public-private-partnerships (Last accessed June 3, 2020).
Conference Paper
1) United Nations Department of Economic Affairs ‘Addis Ababa Action Agenda of the Third International Conference on
Financing for Development, United Nations 2015
