Jonathan’s Reinvestment Committee Unconstitutional, Fraudulent-PRADIN
Posted Fri Jan 6,2012

Kolade           

The recent Dr. Christopher Kolade Reinvestment Committee set up by President Goodluck Jonathan in response to the negative reaction to the fuel subsidy removal by Nigerians is not only illegal, it is fraudulent and unconstitutional. 

Given the history of Jonathan administration’s disobedience to the rule of law and failure to fight public corruption, it therefore puts to doubt the ability of the Kolade Committee under the supervision of President Jonathan to deliver on the myriad of promises and gigantic projects listed as succour to the subsidy removal.

In particular, we note with grave concern President Jonathan’s refusal to constitute and inaugurate the National Council on Public Procurement (NCPP) that has the constitutional responsibility to superintend over procurement issues, be it disposal of public assets or acquisition of works, goods and services as contained in Part 1 of the Public Procurement Act 2007. In effect, the Act itself is an anti-corruption strategy. 

The question arising from the above is how transparent and sincere is a government that set up committees that lack legal backing and expecting same to perform the role of a constitutional body such as the NCPP that the government fails to constitute in the last four years? More disturbing is the fact that the memberships of the Jonathan’s committees are similar to the membership listed in the Council. We are convinced that the only reason is that the government is not sincere it her fight against corruption and thus will not constitute a body that will check her excesses. 

And the argument for the removal of oil subsidy on the part of government is hinged on corruption and the inability of previous governments to provide basic amenities for the people, while on the other hand the anti-subsidy removal advocates argued that the government has not demonstrated to the Nigerians people that it has the political will to move the nation forward with her policies (foreign in nature) by fight public procurement corruption.  

Public procurement accounts for about 70% of government daily activities while public procurement corruption accounts for 60% of the above. Therefore the post-subsidy carrot dangled before Nigerians by the government for the procurement of 1600 mass transit buses, loan to transporters, labour unions and other organizations among others can only work when public corruption is tackled. This we believe, as contained in the World Bank Country Procurement Assessment Report (CPAR) of 2000 that any policy that does not take into consideration sound and transparent procurement system will fail. 

We will hold government accountable for their failure to inaugurate the Council especially that on November 28, 2011 on the floor of the National Assembly, the House of Representatives declared all contracts awarded by the Federal Executive Council (FEC) and the Bureau of Public Procurement (BPP) since 2007 as illegal due to the absence of the Council.

On the basis of the above and the antecedent of the same groups of felons being recycled that we believe the Christopher Kolade Committee is not only illegal but cannot stand the test of time. The committee in our views is one of many set up by this administration, and those before it, as conduit pipes to siphon public funds, enrich individuals and to further impoverish Nigerians. Indeed, Dr. Ngozi Okonjo-Iweala’s assertion during the Town Hall Debate that Nigerians do not trust the Jonathan’s administration is not only correct but an undisputed fact.

We therefore support the ongoing reactions to the fuel subsidy removal and call on the organized labour, media and civil society organizations, CSOs to resist this subsidy removal and should not accord the Kolade committee any recognition.

PRADIN is a select group of 35 civil society actors trained under the Federal Government of Nigeria Economic Reforms and Governance Program (ERGP) with funding from the World Bank. The project was conceived by the Office of the Adviser to the President on Relations with Civil Society and with technical support from the Bureau of Public Procurement (BPP) and the Chartered Institute of Purchasing and Supply Management of Nigeria (CIPSMN).  

Signed:

Mohammed Bougei Attah                                                      Barr Ayo Adebusoye

National Coordinator                                                              National Secretary