In the aftermath of a resolution by Federal Executive Council, FEC meeting of Monday July 14, 2024 directing the Attorney General of the Federation (AGF) and Minister of Justice, to head a committee to review the Public Procurement Act (PPA) 2007, a civil society group which advocates for sound procurement management, anti-corruption and transparency has written to advice the Federal Government against such move.
In a letter dated August 12 and addressed to the AGF, the group, Procurement Observation and Advocacy Initiative (PRADIN) urged the federal government to shelve the idea but rather to consider implementing the law in full before any amendment.
The Minister of Budget and National Planning had addressed State House Correspondents after the above meeting, as reported in several media that “The government’s desire is to reconcile discrepancies between the Appropriation Act, the PPA 2007 and the Fiscal Responsibility Act” A Committee was said to have been set up under the Chairmanship of the AGF.
Reacting to the above directives, PRADIN in the letter signed by its National Coordinator, Mohammed Bougei Attah, said “As a leading voice of civil society organizations, CSOs in Nigeria’s procurement eco-system, we have participated in most of the unsuccessful amendments to the same Act since the year 2017, we feel duty-bound to share our thoughts and experiences on the subject to guide your Committee in this national assignment as a way to move the nation forward, and to move away from same problem.
Further, the letter stated that “While it is a common knowledge that no law is perfect and that all laws are amenable to review, our argument against this review proposal is based on the simple fact that the PPA 2007 has never been implemented in full. Part 1, Section 1 of the Act, under ‘Establishment of the National Council on Public Procurement, NCPP and its Membership has not been implemented by the Federal Government as the law demand. And this we know is connected to all issues, including fiscal accountability and transparency in governance as well as corruption in the public sector”
The group argued further that the law (PPA 2007) that provides for the establishment of NCPP was passed in 2007 by the National Assembly, 13 years ago, but previous Presidents, pursuant to Sections 5(1), 148(1) 4(2) and 4(3) as well as S.171 of the 1999 Constitution failed to inaugurate the Council till date.
To prove their position as it aligns with the arguments, PRADIN stated that fiscal accountability and transparency in governance as well as corruption in the public sector stem from unhealthy procurement practices. While governments efforts are geared towards reconciling discrepancies between the Appropriation Act, the PPA 2007 and the Fiscal Responsibility Act, the first (AA) is to guide while the second (PPA) is for implementation and the third (FRA) is to monitor and evaluate the process to ensure transparency. fiscal accountability and transparency in governance as well as corruption in the public sector stem from sound procurement practices. While governments efforts are geared towards reconciling discrepancies between the Appropriation Act, the PPA 2007 and the Fiscal Responsibility Act, the first (AA) is to guide while the second (PPA) is for implementation and the third (FRA) is to monitor and evaluate the process to ensure transparency.
“It is therefore our appeal that while the amendments to the PPA 2007 is being sought, your Committee should consider the above relevant sections of the Act for implementation, otherwise the exercise, like the previous ones may be in futility, ” the group said.
