Protecting investors in PPP and concession deals

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The deficit in Nigeria’s infrastructure has brought a heavy cost to the economy. For instance, congestion due to poor port and associated

transport infrastructure has created losses of N3.5 trillion at Nigeria’s maritime logistic hubs, according to a March 2019 report by the research group, African Centre for Supply Chain . These losses are set to increase as the population expands and economic growth continues.

The concept of public-private partnership developed gradually in Nigeria and became prevalent towards the end of the 1990s. This has been linked to the end of military rule and the civilian government’s need to make substantial investments to close the infrastructure gap owing to years of neglect. From 1999, the private sector started engaging with successive governments in a more systematic manner.This is also attributed to the Public Enterprises Act, which was passed in 1999.

However, while concession is popular with the government in the country, the way and manner successive governments approve and terminate concession agreements after firms have sunk lots of loans and personal funds into sealed projects are alarming! As it were, the government has nothing to lose despite the clauses provided for dispute resolutions. You can’t fight the government, this is the maxim of government officials.

 

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