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

George Nwangwu

European Procurement & Public Private Partnership Law Review, Volume 13 (2018), Issue 4, Page 285 - 292

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.


Boosting Investments in Nigerian PPPs through Better Mitigation of Project Risks journal article

George Nwangwu

European Procurement & Public Private Partnership Law Review, Volume 13 (2018), Issue 2, Page 103 - 112

Nigeria currently has a number of seemingly commercially viable PPP projects which have not attracted financing from private sector investors, despite the best efforts of the government at marketing these projects. The apathy from investors is due to the manner in which the project risks have been managed. Prospective investors have simply not been comfortable with the risk allocation framework underpinning these projects as there has been no conscious effort to incentivise investors through the proper allocation and mitigation of risks. The paper looks at the correlation between investments and the proper management of project risks and suggests ways in which investments in PPP projects within Nigeria may be catalyzed.


Does Nigeria Really Need A Regulator for Public-Private Partnerships? journal article

George Nwangwu

European Procurement & Public Private Partnership Law Review, Volume 11 (2016), Issue 4, Page 320 - 326

There is a common consensus amongst practitioners in Nigeria that the Infrastructure Concession Regulatory Commission Act (ICRCA) 2005, that regulates Public Private Partnerships (PPPs) in Nigeria, is defective. Consequently, there has been a lot of clamour to improve the regulation of PPPs by drafting additional regulations and generally enhancing the powers of the Infrastructure Concession Regulatory Commission (ICRC), the anointed regulator for PPPs in Nigeria. This paper however takes the different view that PPPs in Nigeria are presently overregulated and argues instead that the country should look towards reducing the number of regulations and regulators for PPPs. Therefore, the paper challenges the contention that there is a need for an omnipotent regulator for PPPs in Nigeria; rather, it suggests that the different independent infrastructure sector regulators are adequate to complement extant PPP guidelines in regulating PPP transactions in Nigeria.


The Legal Framework for Public-Private Partnerships (PPPs) in Nigeria: Untangling the Complex Web. journal article

George Nwangwu

European Procurement & Public Private Partnership Law Review, Volume 7 (2012), Issue 4, Page 268 - 277

Any investor coming into a country would like to see a predictable, enabling and welldefined regulatory environment. Despite having in place a number of laws regulating PPPs, the country is yet to enjoy the influx of foreign direct investments to develop its infrastructure. The reason for this is that there is a multitude and conflicting web of laws regulating PPPs in Nigeria. There are also a host of institutions trying to regulate the same transactions this has led

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