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Legal Analysis of the Procurement of Privately Financed Infrastructure Projects in Nigeria

George Nwangwu


Keywords: Nigeria, infrastructure, public private partnership, concession

As Nigeria expands the use private sector led procurement mechanisms, like Public-Private Partnerships (PPPs), Joint Ventures and privatization for the delivery of infrastructure projects, one of the contentious issues has been the appropriate legal framework for the procurement of these infrastructure projects as there are a number of conflicting legislations that regulate these transactions. Also, issues have arisen in determining the rightful agencies responsible for such procurements as disputes and infighting have occurred amongst the different institutions created by enabling legislations. There exist multiple laws, regulations and guidelines and even applicable processes for dealing with issues like unsolicited proposals. This has led to manifest uncertainties and impairs the credibility of the process. This paper attempts to resolve some of these issues and distil the appropriate procurement rules for delivering private sector financed infrastructure projects.

George Nwangwu, PhD, is Managing Partner, Ratio Legal Practitioners; Former Lecturer University of Lagos, Former Lecturer, Department of Commercial Law, Faculty of Law, University of Lagos, Nigeria.


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