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You are at:Home»Highlights»ICRC Act: Non-compliance with PPP agreement illegal
Highlights

ICRC Act: Non-compliance with PPP agreement illegal

December 8, 2024No Comments2 Mins Read
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From Idu Jude, Abuja

The Federal Government of Nigeria has directed all Ministries, Departments, and Agencies (MDAs) to fully 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 over the weekend, the government mandated all MDAs to align with the provisions of the Infrastructure Concession Regulatory Commission (ICRC) Establishment Act (2005) when preparing and submitting their respective 2025 budget proposals relating to PPPs.

The 2025 Budget Call Circular sets out the requirements and instructions to be 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 extant laws and policy listed above and ensure alignment with this guideline.

“For further information, please contact the Infrastructure Concession Regulatory Commission ([email protected]).”

With this directive, all MDAs are compelled to adhere to the Act, Policy, and Regulations of the ICRC when undertaking any form of PPP arrangement.

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