When Decree No. 2022-743/PRN/PM was signed into law on 29 September 2022, it was hailed as a decisive turning point for public procurement in Niger. By introducing the competitive dialogue procedure, the authorities promised to rationalise public spending, strengthen transparency and give the State access to the technical expertise needed for major development projects.
Three years on, that turning point has turned into a standstill. The reform has proved to be little more than a communication exercise, a modernisation mirage that has delivered no tangible results for the Nigerian economy.
A sophisticated procedure that never left the paper
The principle behind competitive dialogue was appealing: allowing public buyers to discuss with several pre-selected candidates in order to co-design the most suitable technical, legal or financial solutions. But in the daily practice of Niger’s public administrations, this provision has remained a dead letter.
- Lack of technical ownership: with no adequate training and no clear methodological guides for procurement officers, the mechanism is considered too complex and cumbersome to handle.
- A retreat into habit: contracting authorities continue to favour traditional methods or, more seriously, to abuse derogatory procedures without delivering the added value promised by the 2022 text.
- No major project completed: in three years, the large infrastructure contracts that were supposed to benefit from this competitive flexibility have produced no visible spin-offs and no measurable efficiency gains for the public purse.
From the rhetoric of refoundation to the reality of direct deals
While the argument of “refoundation” and management rigour is on everyone’s lips, the persistence of direct award practices and negotiated deals contradicts the intentions set out in the 2022 decree.
Rather than establishing a climate of healthy competition and transparency, the revamped legal framework often serves as an administrative showcase to reassure observers, while realities on the ground remain marked by opacity and a lack of accountability. Local businesses, which were supposed to be the first beneficiaries of a more open dialogue with the State, continue to denounce restricted access to major opportunities and the slow pace of procedures.
The record of an inoperative legal framework
After three years of theoretical application, the record of the 29 September 2022 decree highlights the gap between legislative inflation and operational reality:
- No impact on cost reduction: the financial optimisation expected from stronger competition has not materialised in public accounts.
- A transparency that is an illusion: audits and evaluation reports on the actual use of competitive dialogue remain virtually non-existent.
- A brake on investment: the gap between the texts on paper and their real application sustains a climate of uncertainty for serious economic partners.
Decree No. 2022-743 has been no more than a legal veneer with no knock-on effect. Tested by time, the introduction of competitive dialogue looks more like a communications manoeuvre than a genuine lever for transforming public procurement in Niger.