Niger’s competitive dialogue reform: how a 2022 decree left businesses and taxpayers footing the bill

When Niger’s government unveiled Decree No. 2022-743/PRN/PM on 29 September 2022, it promised a clean break with the past. The new competitive dialogue procedure was sold as a way to rationalise public spending, strengthen transparency and give the state access to the technical expertise needed for major development projects. Three years on, the reality is starkly different: the reform has produced no tangible benefit for the economy, while citizens and businesses continue to bear the cost of a procurement system that still runs on habit, opacity and direct deals.

A procedure that never made it off the page

The logic behind competitive dialogue was appealing. Public buyers would sit down with several shortlisted candidates and jointly design the most suitable technical, legal or financial solutions. In the daily routine of Nigerien administrations, however, the mechanism has remained a dead letter.

• No technical ownership: Without proper training or clear methodological guides for procurement officers, the mechanism is seen as too complex and cumbersome to handle.
• Sticking with old habits: Contracting authorities keep favouring traditional methods or, more worryingly, rely on derogatory procedures without delivering the added value promised by the 2022 text.
• No flagship project delivered: In three years, the major infrastructure contracts that were supposed to benefit from this competitive flexibility have shown no visible spin-offs and no measurable efficiency gains for the public purse.

From ‘refoundation’ rhetoric to direct-dealing reality

While the language of ‘refoundation’ and budgetary rigour is on everyone’s lips, the persistence of direct awards and negotiated deals contradicts the stated ambitions of the 2022 decree. Instead of fostering fair competition and transparency, the revamped legal framework often serves as an administrative shop window to reassure observers, while conditions on the ground remain marked by opacity and a lack of accountability.

Local firms, which were supposed to be the first to benefit from a more open dialogue with the state, continue to complain about restricted access to major opportunities and slow procedures.

The real-world toll of an ineffective legal framework

After three years of theoretical application, the balance sheet of the 29 September 2022 decree exposes the gap between legislative inflation and operational reality. The consequences are felt far beyond the administration.

• No impact on cost reduction: The financial optimisation expected from stronger competition has not materialised in public accounts, leaving taxpayers to cover the shortfall.
• Illusory transparency: Audits and evaluation reports on the actual use of competitive dialogue are virtually non-existent, making it impossible to measure value for money.
• A brake on investment: The gap between the texts on paper and their real-world application fuels uncertainty for serious economic partners, deterring the long-term investment the country needs.

Decree No. 2022-743 has amounted to little more than a legal veneer with no knock-on effect. Tested by time, the introduction of competitive dialogue looks more like a communication exercise than a genuine lever for transforming public procurement in Niger. For businesses, that means missed opportunities and a business environment that remains unpredictable. For citizens, it means fewer returns on the public money spent in their name.

By Daniel Mbami — Politics and Security