PPP regulation in Nigeria takes the form of dual Federal and State regimes.The Federal Government manages major projects that often affect more than one State whereas States manage projects only affecting that particular State. However, some State projects may require some form of Federal Government guarantee in order to attract international finance, and these projects should also comply with the process for Federal projects since the guarantees will require the approval of the Federal Executive Council.
Regardless of whether the project is federal or state, government has certain initial roles and responsibilities to ensure that PPPs can be implemented successfully with the acceptance of all stakeholders and to the satisfaction of all beneficiaries. First and foremost, governments are responsible for establishing a sound enabling environment for PPPs, meaning that transparent and effective PPP legislative and institutional frameworks are in place, and government is also responsible for the necessary planning to determine whether the PPP model is most appropriate. Governments also must have the capacity to properly manage the procurement process, make necessary approvals, and regulate, and in some cases modify, the PPP once it’s operational.
The principles for PPP have been based on the UK PPP model and practice but as in the UK , Nigeria is open to partnering between the private and public sector at its widest including equity/joint venture participation, leasing, franchising, concessions and BOT.
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