STAKEHOLDER PERCEPTION ON THE ADEQUACY OR OTHERWISE OF NIGERIA’S LEGAL FRAMEWORK ON PUBLIC PRIVATE PARTNERSHIP

Abstract

The paper is an empirical study that sought to gain insight into the opinions of key stakeholders on the adequacy of the existing legal framework on Public Private Partnership (PPP). In response to glaring infrastructure deficits and paucity of public funds, the Federal Government of Nigeria, through its various policies and National plans, had supported the implementation of PPP, which culminated in the development of so many PPP projects including the Nation’s PPP flagships, the Murtala Muhammed Airport 2 concession, the Nigerian Ports terminal concessions and the Lekki Toll Road concession. In spite of the support, many projects have either failed, stalled or are in litigations, which could be attributable to either the failure of Critical Success Factors or a weakness in the extant legal framework. With no fewer than thirty-six legislation, three Executive Orders and eight National policies, it is appropriate to conduct an empirical study that could shed more light on whether or not the current legal framework is adequate. Thus, this paper, adopting a phenomenological design and qualitative method of research, analyzed a total of sixty-two questionnaire survey responses administered on eighty-two targeted participants from twenty-four regulatory, implementing, partnering and consulting organizations that were selected based on purposive and snowballing samplings. Using the framework analysis approach, it categorized data into three themes to arrive at the conclusion that the legal framework was not adequate; that it required amendments of specific legislation; and that Nigeria does not require any new or additional legislation or policy to make a success of its PPP policy. Consequently, the paper recommended that both the ICRC Act and the National Policy on PPP should be amended for a more robust and receptive PPP system.