Kwara State Public Private Partnership Law, no. 12 of 2023

1. Establishment of Establishment of the Office

2. Establis hment of Establishment f Advisory isory Boa rd Board 3. .3 Advisory Board Function off Advisory Function Board 4.. Proceed ings off the Advisor Proceedings Advisory y Board Board .55. Objective Objectives s off the Office Office 6.

6. Functions Functionsof of the Office Office

7. Power of the Office Power of the Office 88. . Approving Authority Approving Authority

9. Procu remen Procurement t oof f Public PublicPrivat Privatee Partne rships Partnerships 10.

10. Appointment Appointment off Director Director General General 11.

11. Removal Removalof Director General of Director General 12.

12. Other Other staff staff ofof the the Office Office 113.

3. Establish ment ofof Special Establishment SpecialPurpose PurposeCompan ies oror Limited Companies Limited Liability Liability Partnersh Partnerships ips 14. 14. Inspectorate Department Inspectorate Department 15. 15. Appeal Appealfrom from decisions decisionsof of the the Office Office 16. 16. Financial Financialprovision provision 17. 17. Power to Borrow Power to Borrow 18. 18. BankAccount Bank Account 19. 19. Application thefunds Applicationofof the funds 20. 20. Annual Report AnnualReport 21. 21. Designation DesignationofofPublic PublicInfrastructure Infrastructure Assets Assets 2 22.

22. Authorization to collect Authorization collect user user fees of Tolls Tolls 23.

23. User fee or Tolls Regulation User fee or Tolls Regulation 24.

24. Payment Payment of Service charge, of Service charge, user user fees fees or or Tolls Tolls 25.

25. Offences and Penalties Offences Penalties 26.

26. Regulation Regulation of service charge, of service charge, user user fees fees oor r Toll Tl 27.

27. Powerto Power make Regulation to make Regulation 8.

28. Pre Pre Existing Existing concessions concessions 29.

29. Interpretation Interpretatio n 33 AA L AW TO LAW T PRO DE PU PROVIDE C PRI PUBLIC ATE PARTNERS PRIVATE HIPS, ESTABLISH PARTNERSHIPS, ESTABLISH THE THE OFFICE OFFICE OF OF PU IC PRI PUBLIC ATE PARTNE PRIVATE SHIPS, A PARTNERSHIPS, ND F AND R OT FOR ER CONN OTHER CTED PURP CONNECTED SES PURPOSES Date of ( )) Date of Commencement Commencement Kwara State The Kwara The State House House ofo Assembly Assembly Enacts: Enacts: 11 (i (i) There isis establish There ed an established an office office toto be be known known as as the the Office Office of of Public Public Establishment Establishment of o The Th Office Office Private Partnersh Private (referred toto iin this Partnership (referred this law law as as "the "the Office") Office") (ii) (ii) office shall Th office The shall be b aa body body corporate corporate with with perpetual perpetual succession succession and and aa common seal. common seal. (iii) (iii) The office The office may may sue sue or or be be sued sued iin its its corporate corporate name name and and may may hold hold and and dispo of any dispose of any mova movable orr immovable immovable property. prope 22 (i) (i) An advisory An advisory board (referred tto a board (referred s the as the "Board") "Board") for for the the office office has has been been Establishment Establishment of advisory of advisory (in this established (in established this law). law). board board of of the the office office (ii) (ii) The Advisory The Advisory Board Board shall shall consist consist of: (a) The Chairman Chairman (b) (b) Four Four other other members were members were appointe appointed d bby y the governor. the governor. (c) (c) T e tenure, The tenure, allowances, allowances, and and other other conditions conditions of of the the members members of of the Advisory Advisory Board Board shall shall be be as as determined d bby the Governor. y the Governor.

3. The Boar The d shall Board shall render advic render e onn the advice the objectives, ctives, func functions,, and and powe power Function oof Function f r oof the f the Advisory Advisory office office under under the the provisions off this provisions this Law. Law. Board Board Proceedings 4.

4. The The provision provision containe containedd inin the the first first Schedul Schedule e toto this this Law Law shall shall have have effect Proceedings effect oofThe fAdvisory The concerning the procee dings ofof the concerning the proceedings the board board and and other other matters matters mentio mentioned ned inin it.it. Advisory Board Board เ" 5. 11 (i)In (i)In performing itsits funct performing ions and functions and exercising itsits powe exercising powers, the prima rs, the primary objective ry objec Objectives tive Obj ectives ofof the the Office Office shall shall be be toto develop develop and and maintain maintain public public infrastructu infrastructure re ofof public public o of The T fOffice he Office assets assetsand and provide social provide socialamenities and amenities and other other faciliti facilities through es throug PublicPrivate h Public Private the State. Partnershipsinin the Partnerships State. 44 (ii) (ii) To To provide provide appropriate appropriate regulatory regulatory framework framework for the evolvement for the evolvement Public Public Private Partnership in the management of public infrastructure or public Private Partnership in the management of public infrastructure or public assets in the state. assets state. (iii) ili) Initiate Initiate the the process process and and process process and and suggest suggest appropriate public appropriate public and public infrastructures and public assets assets for for Public Public Private Private Partnership. Partnership. 2.

2. (i) (i) In I seeking seeking to to achieve achieve its its objectives, objectives, the the Office Office shall; shall; (a) Initiate and Initiate and develop develop public and public public infrastructure and public assets assets development development strategies strategies for for the the state state using using Public Public Private Partnerships. Private Partnerships. Advise on policies (b) Advise policies that that will will promote promote and and sustain sustain Public Public Private Private Partnerships for Partnerships for the provision provision and and development development of public f public infrastructure or public assets r public assets in in the State. State. (c) c) Coordinate Coordinate policies policies and and programmes programmes o f the of State concerning the State concerning Public of Public Private Partnerships f r the provision and development of Private Partnerships for the provision and development public infrastructure or public r public public assets assets inn the state; state; and and (d) Ensure that Ensure that public public private partnerships partnerships for for the provision provision and and development off public development public infrastructure off public public assets assets in n the state are governed governed by y prevailing prevailing government government policy policy and public interest. and public interest.

6. T functions off the Office h functions The Office shall shall be to: be to: Functions off Functions the e Office ce (i) Collaborate Collaborate with appropriate government government institution organs organs or bodies r bodies tto o conduct a pre-qualification conduct a pre-qualification process process for private for private investors investors willing willing tto o enter enter a public-private partnership partnership inn expression expression of f interest interest inn r public management or management public infrastructure and and public public assets. assets. (ii) Initiate procurement of Initiate procurement Public-Private Partnerships f Public-Private develop public Partnerships to develop public infrastructure and infrastructure and public public assets assets by by conducting conducting aa pre-qualification pre-qualification process process for for private investors investors willing willing to enter enter Public-Private Public-Private Partnerships Partnerships the state based with the based on a request request for expression expression of f interest. interest. 55 (iii) Evalua Evaluatete express ions ofof interest expressions interest byby private private investors investors interested interested inin Public-Priva Partn Public-Private erships with Partnerships with the the state state and and issue issue aa preferred preferred man datetotothe mandate the Kwara KwaraState StatePublic Public Procurement Procurement Board Boardfor for award. award. (iv) (iv) Act on Act on behalf behalf ofof the the Gover Government nment oro any any ofo its its agencies agencies inin Public Public Private Partnerships Private Partnershi under under this this Law Law and develop and develop optimal optimal means means ofof financing the financing the cost cost ofo public public investment investment projects projects on on order order toto achieve achieve value for value for money money. (v) (v) Ensure on Ensure o behalf behalf ofo the the government government or o any any ofo its its agencies agencies that that all all aspect aspectss ofo financ financing, refinan refinancing, cing, and and insurance insurance of of public public private private partnersh within the partnerships within the public public sector sector are met. are met. (vi) (vi) Prepare and Prepare and develop, on develop, o behalf behalf of of the the State, State, strategic strategic master master plans plans for for Public-Private Partners Public-Private hips. Partnerships. (vii) (vii) Initiate the Initiate the development o development off public public assets assets through throu Public Public Private Private Partner ships in the Partnerships the State. te. (viii) Form, Form, orr cause cause tto o be forme be formed, Limited d, Limited Liability Liability Companies Companies or or Limited Limited Liability Liability Partnerships, subject Partnerships, subject to the provisio to the provisions ns of of the Law to the Law to secure secure finance finance for for public public investme nt projects investment projects o or to facilitate r to facilitate Public Public Private Private Partnerships. Partnerships. (ix) (ix) Verify Verify and and monitor monitor the the performance off the terms performance terms and and condition conditions of s of concessionagreements concession by concessionaries. agreementsby concessionaries. (x) (x) Advise Advise the the Government on Government on matter matters relating to s relating to financ financing, construction, ing, construction, and and mainte nance ofof public maintenance public infrastr infrastructure ucture oror public public assets assets through through Public Public Private Private Partne rships inin the Partnerships the State; State; and and identify identify and and make make recom mendations to recommendations to the the Gove rnment for Government for the the acqui acquisition sition oof land f land requiredfor required suchpurposes. for such purposes. (xi) (xi) Underta ke oror conduct Undertake conduct any any research research investig investigations ations oror inquiries inquiries and and collect collect general inform general ation relatin information relating g toto public public infras infrastructure tructure oror public public assets . assets. 6 (xii) (xii) Liaise with bodies Liaise with bodies of professional of professional persons persons and and private private agencies agencies performing work performing work regarding regarding public infrastructure o public infrastructure f public of assets in public assets in general general and and (xiii) (xiii) About About Public Public Private Private Partnerships Partnerships initiated initiated by by the the Office, Office, iti shall: shall: (a) ensure (a) the provision ensure the provision by y the the concessionaire concessionaire of such facilities and f such and amenities that amenities that are are necessary necessary for f r the the users users ooff public infrastructure public infrastructure of public public assets. assets. oversee the (b) oversee (b) the development, development, operation operation and and maintenance of public maintenance of public infrastructure or infrastructure or public public assets assets provided provided by by means means of of Public Public Private Private Partnerships and such Partnerships and such other other facilities necessary necessary or r adjacent adjacent to public infrastructure or such public such r public public assets; assets; and and (c) satisfy, (c) satisfy, discharge discharge and and perform perform the obligation of the obligation of the Office and the Office and the the observe the terms of and observe uphold and State, tto uphold State, any concession f any concession agreement agreement subject to the subject to the provision provision of this Law f this . Law. 7.. 7 Th Office The Office shall shall have the power have the to: power to: Powerof Power f the the Office Office (i) advise the Kwara Kwara State Public Public Procurement Procurement Board Board for for the award award or or concession to concession t private private investors investors interested interested in in Public Public Private Partnerships Private Partnerships of design, construction, of design, construction, operation, operation, management, management, control, control, maintenance, maintenance, rehabilitation, and rehabilitation, and financing financing of f public public infrastructure or public assets. r public assets. (ii) prospective private partners. negotiate with prospective partners. (iii) obtain from the obtain from the government government agency agency or or private private institutions, institutions, statistical statistical or or other information relevant relevant to the functions functions of f the Office. Office. (iv) inspect inspect and and monitor monitor concessionaries concessionariesto ensure ensure compliance compliance with the terms off any any concession concession agreement. agreement. (v) designate a public designate infrastructure or public infrastructure or public public assets assets as as aa service charge, service charge, user fee or user r toll toll paying paying public public infrastructure or r public public asset asset and and specify specify the condition condition for r the use of such use of such infrastructure or r public public asset asset and and specify the condition specify the condition for for the use use of f infrastructure or or assets. assets. 77 (vi) (vi) specifythe specify theclasses classesofof vehicles vehiclesthat that may mayuse useaatool tool road roadunder underPublic Public Private Partner Private shipmade Partnership madeunder under this thislaw. law. (vii) (vii) liaiseand liaise and cooperatewith cooperate with all all gover government nment agencies agenciesand and parastatals parastatals with with respecttoto private respect private investor's investor's participation the participation inin the provision and provision and development ofo public development public infrastructure infrastructure oro public public assets. assets. (vii) (vii) pursua pursuant toto and and per per the the provisi provision of o this this Law, Law, approve approve thethe amount amount ofof money that money that may may bebe charged charged by b private private operators operators with with respect respect toto any any public infrastru public cture, public infrastructure, public assets assets or o amenities amenitie as as toll toll or o user user fees. fees. (viii) establis (viii) and operate establish and operate an an information informa management management system system concerning concerning public infrastr public ucture or infrastructure or public public assets assets and and projects. project (ix) (ix) perform any perform any other other function function as as may may be assigned to be assigned to itti by by the the Governor Governor unde this Law under this Law o orr any any other other enactment; enac and and (x) (x) do all do all necessary orr exped necessary ient things expedient things tto perfo perform rm its its functions, functions, including includ ing the engag the ement from engagement from time time tto time time of of consultants, consultants, advisers, advisers, and and other other service providers. providers. .8

8. The Kwara The Kwara State Public Public Procurement Board's Procurement Board's award award o of f aa conces concession sion iis subject to s subject to Approving Approving Authority the the governor's approval as as the approvin Authority governor's approval g authority. approving

9. (i) (i) The Office The Office may may give give guaran guarantees, letters of tees, letters of comfor comfort, or underta t, or undertakings Procurement kings ofPofroPublic curement Public with with resp e c t to any respect any Public Public Private Private P a r t n e r Partnerships s h i p s oor concession r conces sion Private Private Partnerships agreement with agreement with the the approval approval oof the approving f the approving authority. authority. Partnerships (ii) (ii) The The Office Office shall shall b e aa producing be producing entity entity ffor or the the purpose purpose o f the of the Kwara Kwara State State Publ ic Procurement Public Procurement LawLaw and shall and shall comply comply wi withth the intendment o the intendment f of that Law that . Law. (iii) (iii) The The Office Office may may undert ake restric undertake ted oor restricted r emerg emergency procurements ency procurements bby y the provis ion ofof the the provision the Kwara KwaraState State Public PublicProcu Procurement Law. rement Law. 110. 0. .ii. The The Governor shall Governor shallappoint aaDirector-G appoint Director-General eneral fofor the Offic r the Office, the e, the Appointment Appointment Chief ChiefExecutive Officer. Executive Officer. foofDi Director rector General General i.ii. Thhe e Director-General shall Director-General shall be be aa qualified qualified and and registere registered d professional who professional who must must not not be be below below GL GL 16 16 and and have have 8 cognate/related cognate/related n experience in experience ation Business Administration Business and and Management. Management. iii. iii. The The Director-General Director-General shall: shall: 1. b .1 e responsible be responsible tto o the the Board Board for policy for policy direction direction and and the the day- day- to-day administration to-day administration of of the Office. the Office. 2. 2. hold hold Office Office upon upon such such terms terms and and conditions conditions as as may may be be contained contained inn his letter letter of f appointment appointment and and hold Office 3. hold

3. Office for f r aa period period of of four four ((4) years in 4) years in the the first instance first instance and may and may be be reappointed reappointed by by the the Governor Governor for f r another term another term off 44 years. years. 11.1. The Governor shall The Governor shall remove remove the Director-General iff he the Director-General he iss satisfied satisfied that that tit is not not inn Removal Removal of of interest of the interest of the Board Board that that such such Director-General Director-General should should continue continue in in the the office, office, Director Director General General provided that provided that the Governor Governor shall shall also also have power power to suspend suspend the Director-General Director-General fif deemed deemed appropriate. appropriate. 12.

12. (1) (1) The Office The Office may may occasionally occasionally engage engage such such other other employees employees as as Other Staff Staff of of necessary necessary for for the proper proper and and efficient efficient conduct conduct of f the Office's Office's business. business. the Office the (2) (2) The The terms terms and and conditions conditions of of service service (including remuneration, including remuneration, allowances, allowances, benefits, benefits, and and pensions) pensions) of of the the employees employees of of the the Office Office shall shall be a be s determined as determined by the Board by the Board after after consultation with an consultation with y committee, any committee, agency, or agency, r other other body body responsible responsible for r determining determining salaries the State. salaries inn the State. (3) (3) Notwithstanding the Notwithstanding the provisions provisions of of subsection subsection (2) (2) ooff this this section, section, the the Governor may, Governor may, upon upon the the recommendation recommendation of of the the Board, approve such Board, approve such remuneration allowances remuneration allowances and and benefits benefits for f r the the Director-General Director-General o r any or any other other employee employee off the Office. Office. 1.

13. T e Offi The e wi Office h the with the approval approval o off the the Governor Governor my cause may cause tto o b e formed, be formed, Limited ofoofbSpecial ecament Limited Establishment Special Purpose Purpose Liability Partnerships Liability Partnerships Limited Limited Liability Liability Companies Companies for f r the the purpose purpose of of financing financing Public companies orro Public Companies Limited Limited Private Private Partnership labity of the Liability opinion of n the opinion where, in projects where, such projects facilitating such or facilitating projects or Partnership projects Partnerships Partnerships Office, iit is Office, is necessary necessary or or expedient to do expedient to do s o to so to discharge discharge its its functions functions under under this this Law Law.. 99 14.

14. (i)(i) Thereshall There shallbe bean an inspectorate Depar inspectorate Department tment ofof the theOffice Officestaffed staffedwith with Inspectorate Inspectorate Department Department personswith persons with requisite requisitetraining trainingand andexperience experiencedesignated designated as as public public infrastructure inspect infrastructure orswho inspectors whoshall shall report report totothe the Director-General. Director-General. (ii) (ii) Public infrast Public ructure inspec infrastructure tors shall inspectors shall undertake undertake inspection inspec ofo public public infrastructure projects infrastructure projects oro public public assets assets from from time time toto time time and and shall shall monito the monitor the application ofof appropriate application appropriate service service charges, charges, user fees, or user fees, or b concessionaries tolls by tolls concessionaries ini accordance accordance with with the the terms terms the releva of the of relevant concession agreement concession agreement without withou any any regulation regula to to that that effect. effect. 15.

15. Without prejudice Without prejud to to any any terms terms as as to to disput disputee resolu resolution as as agreed agreed inin any any relevant relevant Appeal Appeal concession agree concession ment and agreement and to to any any other other rights rights of of recourse recourse available available at at law, law, where From where any From any Decisions Decisions of the concessionaire si dissatisfied with any omission ro decision, or exercise of power yb the ofce concessionaire is dissatisfied with any omission or decision, or exercise of power by the Office Office, may Office, may appeal appeal tto the the Governor throug Governor the Kwara through the Kwara State Public Procurement State Public Procurement Board. Board. 16. 16. 11 (i) (i) The The Office Office shall shall prepare and and submit submit tto the the Governo Governor an annual r an annual estimate estimate of of Financial Financial its income its income and and expenditure not expenditure not later than 3 later than th 30th June of June of each each year year for for approval approval by by Provisions Provisions Governor. t h e Governor. the (ii) T (ii) h Office The Office shall shall keep keep the proper proper accoun account t for for each each year year from from 11 January January to to 31 31 December accord December ing to the state' according state's prevailing s prevai audit policy ling audit policy. . .2

2. Other Other source sourcess of f funds of of the office shall shall consis consist t oof: f: (i) (i) Gifts, Gifts, loans, loans, grants, grants, o r aaid or id from from a any agency, institutio ny agency, institution, bilateral n, bilateral and and multinational organ multinational organizations, or any izations, or any Gove Government. rnment. (ii) (ii) AA percenta ge ofof service percentage service charge charge oor user fees r user fees as as may may be be prescribe prescribed d inin the the Office's regula Office's tion oor regulation r agreed agreed inin the the relevan relevant concession t conces sion agreement i agreement nin ththe e absence absence o fof ssuch uch regulation, regulation, subject subject to to the the approval approvalof of the Governor;and the Governor; and (iii) (iii) Al Allother other sums sumswhich which may become may becomepayable payableto to oor r vested vestedinin the the Office Officeregarding any regarding anymatter incid matter incidental ental toto itsitsfunct functions. ions. 10 17.

17. The The Office Office shall shall have have the power to the power borrow money to borrow money to discharge its to discharge function under its function under Power to Power Borrow Borrow this Law, this Law subject to , subject to the approval of the approval of the the Board. Board. The Office shall keep and operate bank accounts for its fund with a reputable Bank 1.8 18. The Ofice shal keep and operate bank accounts for its fund wtih a reputable Bacount Account bank bank or r banks banks as may may be be duly duly authorized authorized by y the the Governor that behalf. Governor inn that behalf.

19. The

19. The funds funds of of the the Office Office shall shall be be utilized utilized for fr the the following following purposes: purposes: Appli ation Application fo the Funds of the Funds (i) (i) remuneration, fees Salaries, remuneration, Salaries, fees allowances allowances of of staff staff agents agents or or consultants consultants to the Office. the Office. (ii) For the development For development and and maintenance maintenance of f any any property property vested vested in n or r the Office. by the owned by owned Office. (iii) For Fo maintaining general r maintaining general financial financial reserves reserves subject subject to general or to general or special special directives that directives that may may bebe given given o n that on that behalf behalf by the by Governor following the Governor following provisions of the provisions the of this this Law; Law; and and (iv) To To defray defray other expensesauthorized other expenses authorized by by the the Office Office in in carrying carrying out out its its functions functions under under this this Law. Law. 20.

20. Th Office The Office shall shall prepare prepare and and submit submit an an annual annual report report under under the the prevailing prevailing audit audit Annual Annual Report policy policy of of the the State State no no later later than than the the 30th 30th day day of of June June each each year, year, aa report on the report on the Office's Office's activities activities during during the immediately immediately preceding preceding year. year. Such Such report report shall shall include include a copy copy of f the Office's audited audited accounts accounts and and the Auditor's report. report. 21.

21. Notwithstanding Notwithstanding the the provision provision of of any any Law, Law, the the office office may may designate designate any any public public D esgnation fofo Designation Public infrastructure infrastructure asset, asset, any any road, road, bridge bridge or or highway highway within within the the state state and and subject subject to to the IInfrastructure nfrastructure the Assets constitutional authority constitutional authority of of the the Government Government aa public public infrastructure infrastructure or public assets or public assets concerning which concerning which user user fees fees or or toll shall be toll shall be payable payable for for the purpose of the purpose this Law. of this Law. 22.

22. Notwithstanding the provision Notwithstanding the provision o f any of any Law, the Office Law, the Office may, may, in the relevant in the AuCollect thorizatiuser relevant Authorization to concession o concession or such Fees fo Tols undertaking such person, inn return for undertaking any person, authorize any agreement, authorize other agreement, r other Fees of Tolls obligations as may obligations may be specified specified in n a concession concession or or project project agreement agreement concerning concerning the construction, maintenance, design, construction, design, maintenance, operation, operation, improvement improvement of of financing financing of of public public infrastructure infrastructure o r public or public assets, assets, tto enjoy enjoy specific specific rights rights as as may may be be stated stated in the in the concession or concession project agreement or project agreement including including the the rights rights to to levy, levy, collect collect and and retain retain service service 11 1 charges, user charges, user fees fees oro tolls tolls inin respect respec ofo the the use use ofo the the public public infrastructure infrastructure oror public public assets. assets. 23. 23. (1) The (1) The Office Office may, may, by b regulation, regulation, specify specify the: the: User User Fees FeesToll Toll Regulation (a) Service Service charge, charge, user Regulation (a) user fees fees or o tolls tolls payable payable inin respect respect ofo designate, designater public infrastru public cture or infrastructure o public public infrastructure infrastructure or o public public assets; assets; and and (b) Conditions (b) Conditions under under which which aa member member ofo the the public public will wi access access the the use use ofo public infrastructure public infrastructure or or public public assets. assets. (2) AA concessionaire (2) concessionaire shall shall propose propose for for the approvall of the approva of the the Office Office service service charge and charge and user fees o user fees r may or may review review them them in i relation relation to t the the use use of of the the infrastructure or public infrastructure public or public public assets assets by by reference reference to t such such circumstances circumstances or combination or combination of of circumstances circumstances or r classi classification as the fication as the office office may, may, after after consultation. consultation. (3) The Office may (3) may provide for r service service charges, charges, user user fees, fees, or or tolls tolls to to be be charged charged for r a period specified in period specified in or or determined determined byby the the regulations, regulations, which which m y provide may fr aa period provide for period when when paymen paymentt of service charges, of service charges, user user fees, fees, oorr shall end: toll shall toll end: (a) (a) On n the the date date orr att the end end o f the of the period period specified specified in in the regulations; the regulations; or (b) (b) On aa date On date determined determined b y reference by reference to: to: (i) (i) The The achiev ement ofof aa specifi achievement specified financial ed financ objective; ial objective; oor r (ii) (ii) Such Suchother other factors or factors or comb inations of factors as may be combinations of factors as may be the regulations. specified inin the specified regulations. (4) (4) Where Where aa concession agreem concession ent has agreement has been beenexecu executed ted bby this Law, y this Law, the the terms terms ofof the the concession agreemen concession t shall agreement shall be be deemed deemed to to constitute constitute aa valid valid service service charge, charge,user userfee, fee, oror toll toll regulations fofor regulations r the the purpose purposeofof this this section section. . 24.24. (1) Service (1) Servicecharges, charges,user userfees, fees, oor r tolls tolls shall shallbbe e paid paidtoto the concessionaireand the concessionaire and Payment Paymentofof Service adjusted adjusted inin accordance with accordance with aa regulation regulation made made by by the the office office oror inin the the CCharge, harge, UUser ser Fees Fees ororTTolls olls 122 absence o absence f such of such regulations regulations as as may may be agreed be with the agreed with the concessionaire concessionaire and incorporated and incorporated into the relevant relevant concession concession agreement. agreement. (2) (2) AAservice service charge, charge, user user fee, fee, or or toll toll levied levied in in respect respect of of public public infrastructure infrastructure or or public public assets assets is i valid only ifif iti is valid only is charged charged by by the the concessionaire concessionaire following following the provision the provision of f this this Law. Law. 25.

25. (1) ItIt shall shall be an an offence for for any any person person to fail fail or r refuse refuse to pay pay service service Of fences A offences nd And Penalties Penalties charges, charges, user user fees, fees, or or tolls tolls following following this this law, law, or or any any regulations regulations made made under under this this law law or or within within the the terms terms of of the the concession concession agreement, agreement, and and the the offender offender shall shall be be liable, liable, on n conviction tto conviction o aa fi e ofof T fine n thousand Ten Naira (Nl00, thousand Naira (N100, 000.00) 000.00) or or one- one- month month imprisonment imprisonment or or any any non-custodial non-custodial sentence sentence provided provided by by the Law. the Law. (2) (2) IfIf iti appears appears to to aa person person employed employed to to collect collect service service charges, charges, user user fees, fees, or or tolls tolls that that aa person person has has refused refused or or failed failed to t pay, pay, the the person so employed person so employed may: may: (i) Refuse tto permit Refuse permit the defaulter tto use the defaulter use o or prevent him r prevent him from using from using the public the public infrastructure infrastructure or or public public assets assets to to which which service service charges, charges, user fees, or user fees, or tolls tolls are are payable; payable; and and (ii) him to Require him Require t vacate vacate the the public public infrastructure infrastructure or or public public asset or asset or call, call, where where necessary, necessary, the the assistance assistance of of law law enforcement enforcement agents. agents. (3) (3) where aa person person refuses refuses to o pay a service pay a service charge, charge, user user fees fees oorr tolls tolls concerning the use concerning the use o f any of any public public infrastructure that isis aa road infrastructure that road or or bridge, bridge, the the vehicle driven vehicle driven by y aa person person shall shall be impounded impounded by y the the authority person and authority person and removed to a vehicle part removed to part provided provided for for that that purpose purpose and and such such vehicle vehicle shall shall remain so remain so impounded impounded until until the the payments payments to to the the concessionaire concessionaire of of the the unpaid unpaid toll toll and and the the payment payment o f the of the fine fine prescribed prescribed b y subsection by (1) o subsection (1) f this of this section section tto o the the authority designated appropriate authority appropriate designated byy the office or r shall shall remain remain soo impounded impounded pending trial of the pending the trial the offence committed under said subsection. under the said subsection. 1313 26. 26. (1) The (1) The service service charge, charge, user user fee fee oro toll, toll, that that may ma be be levied levied and and collected collected by by Regulation Regulation the concess the ire und concessionaire er any concession agreement shall in every case, under any concession agreement shall in every case, ofofService Service Charge, Charge, User UserFees Fees be the be the service service charge, charge user user fee, fee, oror toll toll specified specified oror calculated calculated inin or Tolls or Tolls accordance with accordance with any any index index oro formula formula oro other other provision provision stated stated inin the the concession agree concession agreement isis entere enteredd into into prior prior toto the the regulations regulations made made by by the the office. office. (2) Each (2) Each concession agree concession shall set agreement shall set out out the the procedure, procedure, circumstances circumstance s and formula and formulaee by b which which service service charge, charge, user user fee fee or or tolls tolls toto be be charged charged by b the conce the ssionaire shall concessionaire shall b be calculated, varied calculated, varied or or adjusted adjusted and such and such provisi shall be provisions shall be observed, and observed, and agreement agreem fully fully implemented. implemented. (3) Where (3) Where the the concession agreem concession ent does agreement does not not set set out out the the provisions provisio for for calculation and calculation and adjustment adjustment orr variation off servi service charge, e, user user fees ce charg fees or or tolls tolls such provisions or such or provisions are are declared declared invalid, invalid, void, void, unenforceable unenforceable or or of of no no effect, by y any any competent tent court court who is is authori authority, the the concessionaire concessionaire shall shall have the right have the right to make make an application to an application to the Office from the Office from time time to to time time for for calculation and calculation and adjustm ent orr variatio adjustment variation n oof service charge, f service charge, user user fees fees o or tolls r tolls and and the Office Office shall shall promp tly approv promptly approvee oor reject any r reject any such such applica application tion having having taken taken into into account all account all relevan relevant circumstances. t circumstances. (4) (4) The The Office Office shall shall have have the the power power to to vary vary oror adjust adjust oor to require r to require the the adjustme nt ofof any adjustment any service service charge, charge, user user fees, fees, oor tolls charged r tolls charged bbyy aa conce ssionaire inin respec concessionaire respectt ofof aa public public infras infrastructure tructure oor asset only r asset only inin accorda nce with accordance with the the provisio ns oof provisions f this this oor r asas may may have have been been agreed agreed and and incorporated into incorporated into any any relevant conce relevant ssion agree concession agreement. ment. PowerTo To 27.

27. (1) (1) The TheOffice Officeshall shallhave havethe the power powertoto make makeregula regulations tions to.to. Power Make Make Regulation Regulation (a) (a) design ate aapublic designate publicinfras tructure ororpublic infrastructure publicasset assetas asaaservic service charge, e charge, user fee or toll-paying infras user fee or toll-paying tructure ororasset; infrastructure asset;and and 144 (b) establish establish fai r and fair and general general conditions conditions designating who, when, designating who, when, and and how the public how the infrastructure o public infrastructure r public or public asset asset may may be be used used and from and from whom whom service service charges, charges, user user fees, fees, or or tolls tolls may may be be collected. collected. (2) Regulations (2) Regulations made made under this section under this section shall shall provide that breach provide that breach o f such of such shall constitute regulation shall regulation constitute an an offence offence punishable punishable by by fine fine or or by imprisonment by imprisonment as as provided provided in in the the relevant relevant regulation. regulation. (3) (3) The may make such The Office may such regulations necessary necessary for for giving effect effect to any to any provision and provision and purposes of f this law. law.

28. (i)

28. The provisions of this law shall apply to Public Private Partnerships or Teh provisions fo this alw shal apply ot Public Private Partnerships rO Poncesitons Pre-Existing Concessions concessions entered before the commencement of this law. They shall preserve concessions entered before the commencement of this law. They shall preserve and and protect protect all al rights, rights, properties, properties, interests, interests, and and obligations obligations existing existing under that under that contract contract and and any any law w applicable when the applicable when the Public Public Partnerships Partnerships were entered entered into or r the concession concession was awarded. awarded. 2) 2) Th provision The provision of of subsection (1) of subsection (1) of this this section section shall shall only only apply Public to Public apply to Private Private Partnerships Partnerships or r concession concession listed listed inn the the second

second schedule schedule to this law. law. 29. 29. "Approving Authority" "Approving Authority" means means the the Governor Governor of f Kwara Kwara State. State. Interpretation retation "Authorit "Authorityy Person" includes a Police includes a Police Officer, Officer, Public Public Infrastructu Infrastructure re Inspectors, designated designated officials officials of of the and such the Office, and such other person as other person as the may from the Office may from time time to to time time appoint. "Concession" means means the person person or r organization with whom organization with whom aa concession concession agreement concerning agreement concerning a Public Public Private Private Partnership arrangement has Partnership arrangement has been pursuant to this law. been entered pursuant law. "Concessi "Concession Agreemen t" means Agreement" means any any agreement agreement between the Office between the Office and and any any person, person, firm, or r limited liability liability company company for the for the construction, construction, operation, or maintenance, operation, maintenance, or management management of of public public infrastructure, assets infrastructure, assets 15 1 and facilities and facilities over over an an agreed agreed period period including, including, but but not not limited limitedtotothe the following: following: ofAgreement:- Types of Types Agreement:- (i) (i) Design, Build, Design, Build, Operate Operate and and Transfer Transfer (DBOT); (DBOT); (ii) (ii) Build, Own, Build, Own, Operate Operate and and Transfer Transfer (BOOT); (BOOT); (iii) (iii) Reha te, Ope Rehabilitate, rate and Operate and Transfer Transfer (ROT); (ROT (iv) (iv) Joint Develo Joint Development Agreement pment Agreement (JDA); (JDA); (v) (v) Operation and Operation and Maintenance (OM) Maintenance (OM) "Commissioner" means "Commissioner" means the the Comm issioner for Commissioner for Financ Finance Kwara State e Kwara State or or any person charged with overseeing the Ministry of Finance. any person charged with overseeing the Ministry of Finance. "Govern "Governor" means the means the Governor rnor off Kwara Kwara State State of of Nigeria. Nigeria. "Gov ernme nt" means "Government" means the Government off Kwara Government Kwara State. State. "Pers "Person" means means an an individual ual and and shall shall include include a limited liability a limited liability company, aa limited company, limited liability liability partnership, partnership, oor r aany organization dul ny organization duly y registered under registered under the Companies and Companies and Allied Allied Matters Matters Act 1990. Act 1990. "Plan" mean "Plan" s a techni means cal worki technical ng drawin working drawing which shows g which shows the the design design oof f aa project. project. "Pref erred Mand "Preferred ate" isis a docum Mandate" ent issued document issuedinin favour favour ofof aa succe successful ssful pre-qualified bidder. pre-qualified bidder. "Project "Project Agreement" Agreement" means means an an agreement agreement between between the office and the office and Private Private Participant selected Participant selected by by the the office office (and (and the the State) State) to to carry carry out out Public PublicPrivate PrivatePartnership, includin Partnership, g without including without limiting limiting the the genera generality lity ofof the the foregoing, concess foregoing, ion, leases, concession, leases, manage management contracts, ment contrac other forms ts, other forms ofof agreements with agreements with private sector private sector entitie entities, technical s, techni assistance cal assista contracts, nce contracts, consulting service consulting s contra services cts, franch contracts, ises and franchises andregulat regulatory agreement; ory agreem ent; 166 "Public Asset" Asset" includes the rights of use of f use any property of any property or or economic economic opportunity o opportunity f aa public of public nature nature or or rising from use rising from use o f public of public property. property. "Public Infrastructur e" means Infrastructure" means major major repairs or r maintenance maintenance requiring requiring some some changes changes in in design design or or aa form form of re-construction of of re-construction of infrastructure infrastructure of of asset asset to to add add strength, strength, thus thus renewing renewing or or extending extending the the life life span. span. "Roads" includes: "Roads" includes: (1) (1) Roads, Roads, the the subject subject of of the the project project agreement; agreement; (2) The (2) Th roadways, roadways, water water table, table, bridges bridges and and fording fording on on the the line line of the of the roads; roads; Th land (3) The (3) land on on each each side side of of the the roadway roadway and and water water table table up up to the to the boundary ary off the road; road; ((4) A traffic 4) All traffic lanes, lanes, acceleration acceleration lanes, lanes, shoulder, shoulder, median median strips, strips, overpasses, overpasses, underpasses, underpasses, interchanges, interchanges, approaches, approaches, entrance entrance and and exit ramps, exit ramps, service service areas, areas, maintenance; maintenance; (5) Any other (5) Any other areas on on or adjacent to any r adjacent any public public main main road road or parochial r parochial road road waterway, railway railway or r other other routes used r the public used for public passengers passengers transport; transport; and and (6) Any (6) ny private road road designated designated as as aa toll toll under law orr otherwise be this law under this be developed or developed r conceded conceded under under a concession concession agreement. agreement. "Service Charge, "Service Charge, User User fee fee or or Toll" means Toll" means any any fee, fee, charge, charge, levy, levy, due due or or compensation payable compensation payable about the use off a public about the or asset public infrastructure or asset by any by any person; person; "State" means "State" Kwara State means Kwara Office" means "The Office" "The the Office of Public means the Public Private Private Partnerships. Partnerships. II have carefully carefully compared compared this printed impression impression with the Bill l that that has has been been passed passed by y the Kwara Kwara State State House of House of and found Assembly and Assembly found titi to t be be aa true true copy copy of of the the said Bl. said Bill. ~ ......... . . . .. Cl erkotto th Clerk e Ho the se House