The Procurement Observation and Advocacy Initiative, PRADIN, has called on the Federal Government to delay the proposed amendment of the Public Procurement Act, PPA, 2007.
In a letter addressed to the Attorney General of the Federation and Minister of Justice, PRADIN expressed concerns over the planned review, arguing that the Act has never been fully implemented since its enactment.
PRADIN is a select group of non-state actors, trained under the Federal Government of Nigeria – World Bank Economic Reforms and Governance Project, ERGP 2010
Mohammed Bougei Attah, the National Coordinator of PRADIN, explained that the government’s stated objective for the amendment is to enhance fiscal responsibility and transparency in government spending. However, PRADIN contends that similar objectives have been cited in previous unsuccessful attempts to amend the Act.
PRADIN pointed out that the key provision in Part 1, Section 1 of the PPA 2007, which mandates the establishment of the National Council on Public Procurement, NCPP, has not been implemented by the Federal Government, despite it being a legal requirement. The organization linked this failure to broader issues of fiscal accountability, transparency, and corruption within the public sector.
Additionally, PRADIN noted that there has been no Procurement Audit Report submitted to the National Assembly, as mandated by Section 5(P) of the PPA since 2007. This failure is attributed to the lack of competent and qualified personnel at the Bureau of Public Procurement, BPP, needed to sign and submit such reports.
PRADIN also emphasized the importance of sound procurement practices for fiscal accountability, transparency in governance, and the reduction of corruption in the public sector. The organization also offered its support and assistance to the government in its fight against corruption in Nigeria.
“By virtue of the provisions of section 5(1) and 148(1) of the 1999 Constitution as well as the Finance (Management Control) Act of 1958, only a National Council on Public Procurement with the Hon Minister of Finance as Chairman can consider, approve and amend the Monetary and Prior Review thresholds for the application of the provisions of Public Procurement Act 2007 by procuring entitles.
“So, by implications, the threshold presently in use without Council’s approval is illegal and not correct. The Council is not required to approve procurement contracts of MDAs but is expected to consider the associations of partnership with the BPP which will facilitate the discharge of its functions and to go into liaison with relevant bodies or institutions, at national and international levels for effective performance of its functions under the Act.
“By these provisions, the law envisages a Council before the Bureau (to serve as its Secretariat), but in the present circumstances, it is the Bureau in existence without the Council,” the letter read.
Credible News.ng
