Investor Presentaiton
6B Infrastructure development in Nigeria is currently
hindered by multiple legislative challenges
Challenges identified by the legal TWG
Sector
Legislation
affected
NNPC Act, Petroleum Act
Energy
Challenges
Land Use Act
☐
All
Nigerian Mining
Corporation Act
Nigerian Railway Corpo-
Mining
ration Act, Nigerian Ports Transport
Authority Act, National
Inland Waterways Act
Federal Highway Act
Transport
ICRC Act
Selected examples
highlighted. Total of
about 20 acts are in
need for adjustments
All
☐
Many and complex laws, making it challenging for investors
Little room for states to support investments
Act creates several bottlenecks which discourage capital
inflow
Prevents private sector involvement
Corporation sole responsible for exploration, prospection,
mining of minerals
Prohibits construction/extension of some infrastructure (e.g.,
rail) without minister permission
Limits private sector participation
Reduces private sector involvement
Minister of Works responsible for all construction and
maintenance
Emphasises concession contracts to the exclusion of other
PPP options
Unclear role of Commission's (facilitator or regulato)
No provision for unsolicited bids or legacy projects
NON-EXHAUSTIVE
■ Passing a NIIMP
act to consolidate
all required
changes should
be considered
■ Act will be
challenging,
however may be a
faster route than
changing
individual laws
one by one
SOURCE: Legal TWG
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