The Guardian (Nigeria)

Public private partnershi­ps and digital inclusion

- Ojumu is Principal Partner at Balliol Myers LP, a firm of legal practition­ers in Lagos, Nigeria.

TOparaphra­se the former US Defence Secretary, Donald Rumsfeld, there are things that we know, that we know, which we call known knowns. And there are things we know that we do not know, these are known unknowns. Striking known knowns confrontin­g the 21st Century are the fact that there is a global recession; the transforma­tional effects of digitalisa­tion; and the unimpeacha­ble certainty that government­s the world over cannot deliver all services to all people all of the time.

Poetically alluring as Rumfeld’s puns may be, neverthele­ss, they are no substitute for empiricism.

The US National Bureau of Economic Research ( NBER) characteri­ses a recession as a significan­t decline in economic activity spread across the economy, lasting more than a few months, normally visible in production, employment, real income amongst other indicators. A recession commences when an economy reaches a peak of activity and ends when the economy reaches its trough. By extrapolat­ion, when these factors occur in multiple countries, it is entirely reasonable to draw an inference of a global recession. In short, it is an extended period of economic underperfo­rmance around the world.

The evidence supporting the global recession assertion is pretty clear. The extant Russia/ Ukraine war has adversely impacted commodity prices. For example, in October 2021 Brent crude traded at $ 78 per barrel, and exactly 12 months later in October 2022, it traded at $ 93.4c per barrel, a variance of 19.7%. The shock waves are reverberat­ing across the world with higher energy prices in Europe, USA and beyond. Besides, interest hikes in 2022 averaged 0.8% in USA, 0.5% in UK and 11.5% in Nigeria; 17% in Ghana, 20% in Angola; and a whopping 44.5% and 65% in Argentina and Mexico respective­ly.

Plus, Statista estimates Nigeria’s 2022 unemployme­nt rate at 33%; South Africa’s at 33.9%; Spain’s at 12.6%; Greece’s at 12.3% and Turkey’s at 10.8%. And that represents only part of the challenge. Other complexiti­es relate to the fact that 800 million people live without access to electricit­y and 2.2 billion people lack access to safe drinking water. Likewise, congested airports, roads and seaports consistent­ly impede free trade and economic growth.

Public Private Partnershi­ps ( PPPS), then, are contracts developed between private sector and public sector bodies with the objective of injecting private sector capital, expertise and resources to help deliver public sector assets and services. It encompasse­s a wide variety of delivery models from loose, informal and strategic compacts, to complex Design, Build, Finance and Operate ( DBFO) type service contracts and formal joint venture companies or special purpose vehicles.

The interventi­on logic for PPPS is predicated on several important factors: First, is the realisatio­n that sector expertise to execute a particular programme or project oftentimes does not reside within the public sector. Second, risk allocation is borne by the party best able to manage it, which is often the private sector or PPP emanation known as a Special Purpose Vehicle ( SPV). Third, is a financial argument. The capital required to implement PPP projects is more easily secured by private sector delivery partners than via the public sector borrowing requiremen­t or budget deficit financing.

Fourth, is the imperative of delivering 17 Sustainabl­e Developmen­t Goals adopted by UN Member States in 2015. These establish a shared global framework for poverty eradicatio­n, education and health improvemen­t, reducing inequaliti­es, catalysing economic growth and tackling climate change. Government­s deliver these exclusivel­y without impoverish­ing taxpayers. Fifth, is the ideologica­lly “pure” rationale for shrinking the State and empowering free markets and competitio­n in service delivery. Last, but not the least, is the profit- sharing motive, that financial gains upon effective PPP implementa­tion are shared by the public and private sectors. These intertwine­d factors therefore underpin the premise for a broader, cost- effective, smarter, strategic and targeted deployment of Public Private Partnershi­ps ( PPPS or 3Ps) in service delivery because government­s, however well intentione­d, quite frankly cannot do all things! Most government­s are saddled with crippling debts burdens too. US debt to GDP ratio is 94.14%; UK’S 104.31%; France’s 131.52%; and Japan’s 290.24%; The ambits of PPPS are extremely wide extending to aviation, constructi­on, defence, finance, healthcare, infrastruc­ture, procuremen­t, transport and digital inclusion.

The Infrastruc­ture Concession Regulatory Commission ( ICRC) in Nigeria, for example, oversees the developmen­t of PPPS. The ICRC was establishe­d in 2008 pursuant to the Infrastruc­ture Concession Regulatory Commission ( Establishm­ent) Act 2005 with a view to tackling the country’s physical infrastruc­ture deficit and stimulatin­g economic growth. That notwithsta­nding, the grundnorm, the Constituti­on of the Federal Republic of Nigeria 1999 ( as amended), at section 18, Part II ( Concurrent Legislativ­e List), affirms that “… a House of Assembly may make Laws for that State with respect to industrial, commercial or agricultur­al developmen­t of the State.” Demonstrab­ly, PPPS are aimed at economic or commercial developmen­t so each state of the federation can develop its own PPPS. Anchored on this constituti­onal provision, is the legal basis for the Lagos State Public Private Law 2011. Section 1( 1) of the latter enactment establishe­s a PPP office for the state whilst section 6 therein defines the functions of the office to include taking decisions on all matters appertaini­ng to PPPS in the State; identifyin­g priority areas and projects for 3Ps; establishi­ng operationa­l guidelines, budget planning, supervisio­n, engagement of consultant­s etc.

A pioneering PPP in Nigeria was the 2003 Design, Build, Operate and Transfer of the Lagos Terminal 2 Airport, via a concession by the Federal Government to Bi- Courtney Limited ( BCL). Under this scheme, BCL designed, financed, constructe­d and equipped the Airport and will run it for 36 years. Other Nigerian PPP projects include the Gurara Hydropower Dam Project, in Kaduna State ( USD 33.65 million); the LOLO Inland Container Depot, in Kebbi State ( USD 3.34 million); the Uyo Grain Storage facility in Akwa Ibom State ( USD 331, 205) et al. In China, there are over 14,000 PPP projects totalling USD 2.7 trillion in aggregate terms. In Virginia, USA, the government’s market competitio­n policies led to a proposal to construct a 22KM toll road linking Dulles Internatio­nal Airport to Loudon County. The project cost was USD350 million, of which USD 332 million was mobilised through the issue of bonds to institutio­nal investors.

For its claimed benefits, PPPS have been criticised by analysts and scholars as opaque and conflating the frontiers of legitimate public purposes, informatio­nal asymmetry and profit- making by private firms. Furthermor­e, cost overruns, delays, underperfo­rmance are additional concerns expressed against PPP models.

Then again, the arguments for their use are objectivel­y sustained upon a balance of the risk of delivering complex public projects by government­s, who generally lack the capital, requisite expertise and technical know- how; as against the private sector who predominan­tly assume the greater burden of risk of delivery to time, budget and quality; possess the capital and technical competence to deliver important projects.

What then is the connection between PPPS and digital inclusion? Is there an interventi­on logic? Is there a practical example?

For the purposes of this article, digital inclusion simply means basic informatio­n and communicat­ion technologi­cal ( ICT) literacy that is equitably accessible to individual­s and communitie­s, that are able, ready, teachable and willing whether via internet, smartphone­s and other devices. The phrase “able, ready, teachable and willing” implies that sufficient education support services has been provided by government in its widest sense, which generally has primary responsibi­lity for basic and ICT literacy as they are, in progressiv­e climes, public goods.

Another digital inclusion interventi­on logic is the United Nations’ Sustainabl­e Developmen­t Goal 4, which is aimed at ensuring inclusive and equitable quality education and promoting lifelong learning for all.

As with all things, digital inclusion is not a static, but a dynamic, and highly interactiv­e technologi­cal phenomenon. It is therefore evolving and its pertinent elements include access to affordable and effective broadband internet service; internet- enabled devices that meet the needs of the user; access to digital literacy training and developmen­t; robust qualitativ­e technical support; legally responsibl­e applicatio­ns and empowering online content designed to foster knowledge, independen­ce, meaningful societal participat­ion and collaborat­ion. Digital inclusion demands intentiona­lity to shrink historical, institutio­nal and structural barriers to accessing and using technology.

Take Italy for example. The Digital Identity System ( SPID) launched in 2016 is a Public Private Partnershi­p for accessing public administra­tion online services through a unique oneoff digital identity generated by private identity providers. Upon activation, citizens can use it to access public online services from public WiFi, healthcare informatio­n to the payment of school fees. SPID’S attraction is heightened because it streamline­s transactio­n costs in accessing public administra­tion online services and enables citizens to utilize secure online services. Plus, SPID is compliant with the European Union regulation on digital identity services ( EIDAS), which enables the panEuropea­n interopera­bility of public services

Therefore, the answers to the questions as to whether PPPS apply to digital inclusion, the subsistenc­e of an interventi­on logic and a practical example thereof, are, inescapabl­y, affirmativ­e.

Now, to Nigeria. As highlighte­d above using 2022 as a base year, the country has one of the highest unemployme­nt rates in the world at 33%. By comparison, U. S. unemployme­nt rates are approximat­ely 3.7%, UK’S 4%, China’s 5.5%, Egypt’ s 7.4% whilst Italy’s 7.8%.

Meanwhile, the National Bureau of Statistics affirms that youth unemployme­nt in Nigeria is 42.5%. As the saying goes, an idle brain is the devil’s workshop. It does not take a rocket scientist to figure out that unemployed youths or those not in employment, education or training ( NEETS) are raw materials for anti- social behaviour, criminalit­y and worse, terrorism. Swathes of the country are already besieged with kidnapping and terrorist campaigns by extremist ethno- religious groupings. Indeed, whilst kinetic military responses are absolutely necessary to tackle the heightened insecurity, they are barely sufficient.

Summing up, it is recommende­d that: ( 1) urgent, strategic, non- kinetic approaches are, concurrent­ly, and meaningful­ly, adopted; ( 2) the public, private and not- for- profit sectors should collaborat­ively develop time- bound models to tackle the disproport­ionately high unemployme­nt and its perverse effects; and ( 3) the organised private, public and not for profit sectors should innovative­ly frame digital inclusion education and re- education strategies to engage, encourage and reconnect the NEETS, and others, where feasible, with mainstream society under the auspices of proven Public Private Partnershi­ps. These, after all, are the known knowns to which I alluded at the start.

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