| Agency Name: | Infrastructure Concession Regulatory Commission |
| Nativename: | ICRC |
| Jurisdiction: | Federal Republic of Nigeria |
| Headquarters: | Abuja, FCT |
| Chief1 Name: | Mr. Michael Ohiani |
| Chief1 Position: | Director-General |
| Keydocument1: | National Policy on PPPs |
The Infrastructure Concession Regulatory Commission (ICRC) is an agency of the Federal Government of Nigeria responsible for the development and implementation of the Public-Private Partnership (PPP) framework for the provision of infrastructure services.
ICRC was established in 2008 under the Infrastructure Concession Regulatory Commission (establishment, etc.) Act, 2005 [1] to regulate the Public-Private Partnership (PPP) endeavours of the Federal government aimed at addressing Nigeria’s physical infrastructure deficit which hampers economic development.
The pioneer Governing Board of ICRC was inaugurated on 27 November 2008 by the late President Umaru Musa Yar’adua, GCFR. The pioneer Board had a former Nigerian Head of State, Late Chief Ernest Shonekan, as its Chairman and a seasoned technocrat, Engr. Mansur Ahmed, as its Director-General from 2008 – 2012.
The immediate past ICRC Governing Board was constituted in August 2013 by former President Goodluck Jonathan, GCFR, with former Senate President, Dr. Ken Nnamani, GCON as the Chairman and Barr. Aminu Diko as the Director-General of the Commission from 2013 – 2017.
Late Engr. Chidi K. C. Izuwah was the Director-General of the Commission from 2018 - 2021, having been in an acting position from 2017 - 2018.
Mr. Michael Ohiani is the current Director-General of the Commission having acted from November 2020 – 1 August 2022.
The ICRC (establishment, etc.) Act 2005 empowers the Commission to:
The enabling Act, therefore, mandates the Commission to manage the complex arrangements that the PPP process entails, as well as build capacity within MDAs to handle such arrangements themselves, subsequently.
The ICRC is also expected to monitor the implementation of such arrangements according to best practice, ensuring that the desired service standards are attained and maintained, value for money is assured and that the private sector operators are in a position to recoup their investment in a fair and equitable manner.
The role/functions of the ICRC are derived from the mandate and include:
The key strategic objective for the Infrastructure Concession Regulatory Commission (ICRC) is to accelerate investment in national infrastructure through private sector funding by assisting the Federal Government of Nigeria and its Ministries, Departments, and Agencies (MDAs) to implement and establish effective Public Private Partnerships (PPP) procurement.
The Governance Structure of the ICRC is designed to facilitate the delivery of the Commission’s mandate.
The ICRC Act provides for the establishment of a Governing Board that provides a collective balance of seasoned professionals, technocrats, and bureaucrats from strategic government Ministries and Departments, such as the Federal Ministry of Finance; Federal Ministry of Justice, Central Bank of Nigeria, Secretary to Government of the Federation, and the private sector. The Board is the overall policy-making body for the Commission and is responsible for setting the strategic direction of the Commission and creates an enabling policy and environment for PPPs.
To ensure a seamless discharge of its functions, the Board established five (5) Committees to assist in policy formulation and other statutory functions. The Committees have different responsibilities, including the provision of advice to the Board on their respective areas of oversight. The Committees are:
The scope of the Federal Government’s programme for PPP is the creation of new infrastructure and the expansion and refurbishment of existing assets at the federal level in the following areas:
PPP is a long-term contract between a public institution and a private sector company to develop an infrastructure project, manage a government facility or provide a service (or perform a function) that is typically provided by the government. The identified risks in the project, as well as the skills and assets of each party, are shared in the delivery of the service/facility.
Often, a PPP transaction ends up in a contract where the private sector offers services to the public in exchange for user fees (e.g., tolls in roads concession), or for periodic payment by the public sector for the availability of the facility.
Most countries of the world are embracing PPP to deliver infrastructure and public services. Countries, such as, the UK, Canada, the USA, China, Malaysia, India, Australia, South Africa, Kenya, and Angola have used PPPs to develop critical infrastructures in power, education, roads, rails, health, aviation, and defense (facility maintenance). An example of a PPP in Nigeria is the Domestic Wing of the Murtala Mohammed International Airport (MMA 2) in Lagos, which is a ‘Build Operate and Transfer’ (BOT) contract between the Federal Airports Authority of Nigeria (FAAN) and Bi-Courtney Limited.
Experience worldwide has shown that a well-prepared PPP project delivers greater efficiency, value for money, improved service delivery and new job opportunities. PPP also enables the government to apply its scarce resources to other critical areas.
The Infrastructure Concession Regulatory Commission (Establishment, etc.) Act 2005, which is the principal legislation governing PPPs in Nigeria, sets out the framework for PPPs as follows:
Source:[2]