BPE kicks as other stakeholders support Senate on PPPRC Act

Bureau of Public Enterprises, BPE, yesterday kicked against the Public Private Partnership Regulatory Commission, PPPRC Act being worked upon by the Senate Committee on Works.

The Act is aimed at repealing the Infrastructure Concession Regulatory Commission Act 2005 and enacting the Public Private Partnership Regulatory Commission Act 2022.

But the BPE said at a public hearing on the bill to repeal the Act organised by the Senate committee that such move would amount to duplication of functions between the Bureau and the proposed agency.

Director General of BPE, Mr. Alex Okoh, in his submission, said the role of an operator should be delineated from that of a regulator.

Extant laws, according to him, mandate BPE to superintend public private partnership, PPP transactions.

“There is no territory in the world where PPP are regulated by an agency as envisioned with the proposed Public Private Partnership Regulatory Commission, PPPRC.

“We appeal to the Senate not to come up with a legislation that will worsen inter agency collaboration through duplication of functions,” Okoh stressed.

However, critical stakeholders like the Acting Director General of Infrastructure Concession Regulatory Commission, ICRC, Mr. Michael Ohiani; Attorney General of the Federation, AGF, Mr. Abubakar Malami; the Central Bank of Nigeria, CBN Governor Godwin Emefiele and the Council for the Regulation of Engineering in Nigeria, COREN represented by Engr. Chukuma Katchchy, among others, supported the bill.

Specifically, the Acting Director General of ICRC, in his submission said the proposed bill will put to rest, inter agency rivalry between ICRC and BPE as far as regulation of PPP is concerned.

Ohiani said ICRC has significantly contributed to the development overall economic development of the country.

He disclosed that the commission, under the regulatory guidance of the federal government, had between 2010 and 2020, approved over $19 billion PPP project.

“We have been given certificate of compliance in respect of 142 projects and Full Business Case, FBC certificate. The objective of the bill is well spelt out by putting to rest the seemingly jurisdictional conflict between ICRC and BPE.

“This is in consonance with the circular that was issued by the federal government which states that the ICRC shall act as the regulatory agency for PPP transactions, with power to inspect, supervise and monitor the projects and process to ensure compliance to relevant laws and regulations.

“PPP is a global phenomenon which must be well regulated in Nigeria as envisioned by the proposed legislation. The bill is no doubt, people oriented,” Ohiani stressed.

In their remarks, chairman of the committee, Senator Adamu Aliero (APC Kebbi Central) and a member, Senator Robert Ajayi Boroffice (APC Ondo North), assured that the proposed bill will not in any way infract on extant laws.