Unilorin Don Canvasses for Greater PPP Initiatives in Infrastructural Development
A Professor of Business Law at the University of Ilorin, Mubarak Tijani Adekilekun, has called for a greater
Public-Private Partnership (PPP) towards the enhancement of the provision and
maintenance of infrastructural facilities across Africa.
Prof. Adekilekun made this appeal recently while delivering
the 273rd Inaugural Lecture of the University, titled "Devils
and Saints in the Legal Landscape of Public-Private Partnership in Africa",
at the University Auditorium.
He expressed disappointment in the magnitude of poor and
inelegant quality of infrastructures in Africa, despite the abundance of
enabling human and material resources, said that it was high time that the
partnership between the public and private sectors was improved upon to enhance
the quality of life of Africans. He explained that it is incredible that
despite Africa being home to about 30% of global mineral resources, and 12% of
the world’s oil reserves, about 50% of African citizens still lack access to
electricity as 418 million people across the continent have no access to safe
and clean water, while 40 billion hours are spent annually by African women and
children in search of safe drinking water.
Prof. Adekilekun noted that it is disturbing that more than
60 years after many African countries secured independence from colonialists,
only South Africa can be said to be developed while the rest are categorised
into the Third World because of their general backwardness in every index of
development.
He explained that the adoption of Public-Private Partnership
would ensure the introduction of the effective funding principles of the
private sector into public administration. Prof. Adekilekun also noted that
doing so would also reduce ineffectiveness and wastages associated with public
spending as it would also make up for lack of managerial skills prevalent in
the public sector in the continent.
To enhance Private-Public Partnership, Prof. Adekilekun
called for the identification and amendment of all potentially conflicting
legislative provisions in the national laws. He explained that laws that could
hinder the proper execution and implementation of PPP projects should be
identified and amended accordingly. He, however, noted that due to the complex
nature of PPP transactions, different laws may be applicable, such as laws
regulating tax, insolvency, arbitration, and land acquisition, among others.
He, therefore, insisted that potentially conflicting areas of these laws must
be identified and amended accordingly.
Citing South Africa, which operates a federal structure, as
an example, Prof. Adekilekun said that the Public Finance Management Act 1999
and the Municipal Finance Management Act, 2003 were made to ensure consistency
in financial accountability for both the national and local spheres. He said
that the laws spell out the functions and powers of each of the organs of
government in relation to the execution of PPP projects.
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