When Decree No. 2022-743/PRN/PM was signed into law on 29 September 2022, it was presented as a watershed moment for public procurement in Niger. The introduction of the competitive dialogue procedure was supposed to streamline public spending, strengthen transparency, and give the state access to the technical expertise needed for major development projects.
Three years later, the verdict is damning. The reform has amounted to little more than a communication exercise, a mirage of modernisation that has delivered no tangible benefits for Niger’s economy or its citizens.
A sophisticated procedure that never made it off the page
On paper, competitive dialogue looked promising: it allowed public buyers to engage with several pre-selected bidders to jointly design the most suitable technical, legal, or financial solutions. But in the daily operations of Nigerien administrations, this provision has remained a dead letter.
- No technical ownership: Without adequate training or clear methodological guides for procurement officers, the mechanism is seen as too complex and cumbersome to handle.
- Sticking to old habits: Contracting authorities continue to favour traditional methods or, more worryingly, to abuse derogatory procedures without delivering the added value promised by the 2022 text.
- No major project delivered: In three years, the large infrastructure contracts that were supposed to benefit from this competitive flexibility have shown no visible impact or measurable efficiency gains for the public purse.
From the rhetoric of refoundation to the reality of negotiated deals
While the language of “refoundation” and sound management is on everyone’s lips, the persistence of direct award practices and negotiated deals contradicts the stated intentions of the 2022 decree.
Rather than fostering healthy competition and transparency, the revised legal framework often serves as an administrative showcase to reassure observers, while conditions on the ground remain marked by opacity and a lack of accountability. Local businesses that were supposed to be the primary beneficiaries of a more open dialogue with the state continue to denounce restricted access to major opportunities and the slow pace of procedures.
The toll 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 enhanced competition has not materialised in public accounts.
- Illusory transparency: Audits and evaluation reports on the actual use of competitive dialogue remain virtually non-existent.
- A drag on investment: The gap between the texts on the books and their real-world application fosters a climate of uncertainty for serious economic partners.
Decree No. 2022-743 has been nothing more than a legal veneer with no knock-on effect. With the benefit of hindsight, the introduction of competitive dialogue looks more like a communication manoeuvre than a genuine lever for transforming public procurement in Niger.
