Nigeria’s Model PPP Agreement aims to end inconsistent contracting and boost investor confidence, ICRC chief says

Nigeria’s infrastructure concession process has often required government agencies and investors to negotiate key contract terms from scratch. The Infrastructure Concession Regulatory Commission says its new Model Public-Private Partnership Agreement is intended to change that.

ICRC Director-General and Chief Executive Officer Jobson Oseodion Ewalefoh said the model, unveiled in June 2026, would give ministries, departments and agencies a dependable framework for negotiating PPP contracts. He said it should reduce uncertainty and lengthy negotiations while protecting the public interest.

For nearly two decades after the ICRC Establishment Act was enacted in 2005, PPP arrangements largely followed a project-by-project approach. Definitions, risk allocation, default provisions and dispute-resolution mechanisms could differ sharply between transactions. Ewalefoh said concessions sometimes took years to negotiate, while unclear responsibilities contributed to disputes and litigation.

The framework also targets concerns from lenders. It includes direct agreements, defined cure and step-in rights, and more predictable compensation when a concession ends. Its risk-allocation rules assign each risk to the party best placed to manage it, while clearer provisions cover default, termination and compensation.

The model is not intended as a rigid contract. Instead, it gives agencies a standard starting point for individual deals. It was developed with the Federal Ministry of Justice and benchmarked against Nigerian law and international best practices.

Disputes would move through a graduated process, starting with consultation and negotiation. The ICRC could intervene confidentially before arbitration in Abuja under the Arbitration and Mediation Act of 2023. The agreement also addresses conditions precedent, insurance, force majeure, changes in law, contract management, reporting, performance monitoring, anti-corruption and ethical conduct.

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