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Due
Process:1bn
Threshold Limit by Government Illegal-PRADIN
Newsdiaryonline Sat July 9,2011
Civil Society
Organizations, CSOs numbering over 120 have condemned in strong
terms, the recent reports in some national media and the follow
up comments by the Director General of the Bureau of Public
Procurement (BPP) to the effect that one billion naira has been
set as threshold limit for Ministries, Departments and Agencies
(MDAs) of government is not only illegal and dubious but a
dangerous trend that can further increase corruption among
public office holders, and must be reversed immediately.
Though Engr. Ezeh failed
to inform the participants during his goodwill message at the
2011 National Budget Summit for Civil Society whether the BPP,
the Presidency or any other organ of government is responsible
for setting the threshold ceiling, his comments, made as a
goodwill message during the above summit is very alarming, given
that the Bureau that he superintends should have raise the alarm
over this illegal and ridiculous action, except where he is
responsible for the action.
While it is disturbing
and dangerous that the DG expressed no worry over this ugly
development, the action did not only violates Section 2 (a) and
(b) of the Public Procurement Act (PPA) 2007 which empowers only
the procurement Council to “consider, approve and amend the
monetary and prior review thresholds for the application of the
provision of this Act by procuring entities”
With the failure of
government to constitute and inaugurate the National Council on
Public Procurement (NCPP) saddled with the above responsibility
among others, it remains illegal and fraudulent for any organ of
government or individuals to interfere with setting of
thresholds limits for MDAs. Even if the President relies on his
powers to amend the thresholds as contained in Section 5 (1) of
the 1999 Constitution, such powers are conceded to the Council
the very moment he assents to the procurement Act in 2007. It is
therefore a further constitutional breach for those who may be
advising the President in this direction.
The danger in Engr.
Ezeh’s declaration that the ‘Bureau is only concerned with
contracts above one billion naira by MDAs, and that as such the
officials are taking advantage of the opportunity to manipulate
contracts’ implies that the over 153 MDAs in Nigeria now spends
over N150bn of public funds without review by the Bureau. This,
no doubt opens a vista of corruption in public service which can
set the nation backward and undermine the fight against
corruption by the Economic and Financial Crimes Commission
(EFCC), the Independent Corrupt Practices and Other Related
Offences Commission (ICPC) as well as civil society
organizations, CSOs such as the Nigeria Bar Association (NBA),
the Nigeria Union of Journalist (NUJ) and NGOs that are part
time members of the Council by law.
The CSOs therefore call
on the President, Dr. Goodluck Jonathan to as a matter of
urgency inaugurate the NCPP to take up its statutory functions
of considering, amending and approving thresholds for MDAs in
line with the provision of the law. I also appeal to the above
part-time members to join in this fight of ridding our nation of
corruption through regular advocacy and enlightenment.
Signed
Mohammed
Bougei Attah, National Coordinator, Procurement Observation and
Advocacy Initiative (PRADIN), Chair, Communiqué Drafting
Committee
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