PPP agreements signed without compliance with the ICRC Act, guidelines, illegal – FG
. . . Mandates MDAs strictly adhere to PPP laws
By Ewache Ajefu
The Federal Government of Nigeria has directed all Ministries, Departments and Agencies (MDAs) of Government to comply with the National Policy on Public Private Partnerships (N4P) of the Infrastructure Concession Regulatory Commission (ICRC) in conducting any form of Public Private Partnership (PPP) arrangement.
In a circular titled “FGN 2025 Budget Call Circular”, issued by the Federal Ministry of Budget and Economic Planning, the government mandated all MDAs to ensure that they align with the provisions of the Infrastructure Concession Regulatory Commission (ICRC) Establishment Act (2005) in the preparation and submission of their respective 2025 budget proposals as it relates to PPPs.
The 2025 Budget Call Circular sets out the requirements and instructions that must be satisfied and followed in the preparation of the 2025 Federal Government of Nigeria (FGN) Budget Proposal.
The directive as contained in section 2 of the circular reads in part: “MDAs are by these guidelines directed to note that the execution of Memoranda of Understanding (MoU), memoranda of Association (MoA) and various contract instruments for PPP arrangements between MDAs and private parties without recourse to the extant provisions of the National Policy on PPPs (N4Ps) nor the ICRC (Establishment Act, 2005) is a clear contravention of the law”.
“Consequently, any MDA interested in PPP or concession arrangements must act within the ambit of existing laws and policy listed above and ensure alignment with this guideline”.
“For further information, please contact the Infrastructure Concession Regulatory Commission (compliance@icrc.gov.ng)”.
Going by the above, all MDAs are compelled to adhere to the Act, Policy, and Regulation of the ICRC in undertaking any form of PPP arrangement.
