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148 UNIVERSITY OF BOTSWANA LAW JOURNAL DECEMBER 2010 the award with the procurement law when he wrote: 80 “During the Public Hearing conducted by the Senate Committee, Prof. Akunyili had stated categorically that the contract was not awarded by her; rather she only received three names of contractors forwarded to her by the NTA (Director General?) which she also forwarded to the President/Federal Executive Council (FEC) for approval. Further she claimed at that time (2009) that the planning of the contract started about two years ago (that is 2007) before her appointment as Minister, though concluded under administration, and that she is ignorant of the technicalities involved in the procurement processes and therefore failed to participate in the award of the contract…the first capital error of Prof. Akunyili is that in procurement implementation under Section 19 and 22(5) of the Public Procurement Act , no one contract is awarded to three contractors at the same time by the Tenders Board with the approval of the Chief Accounting Officer. It is on record that while responding to the above charges before the Senate Committee, the Director General of the BPP, Engr. Emeka Ezeh admitted on the floor of the Senate, before the nation’s media crew of print and electronic that the President sent the details of the three contractors to him for audit/review. Therefore in this chain of contract award process, the bus stop was now at Engr. Ezeh’s door step. According to Ezeh, on analyzing the contract documents he found out there were errors, which included that the project (contract) was not appropriated for, neither was it advertised for prospective bidders as required by law in Section 24 of the PPA.” The independent reporter condemns the role of the Director General in the whole saga when he further wrote: 81 “The Bureau under Engr. Ezeh did not only become an independent statutory player (referee) but also a major party in bid Technical and Financial Evaluation (TFE) in the contract award, a responsibility strictly reserved for procuring entities . In essence, he is now acting as a procuring entity instead of an independent umpire that should adjudicate on the matter when and if there is a dispute … By selecting one of the contractors forwarded to Engr. Ezeh, which he described as ‘Damage Control’, knowing that the award failed 80 See M. B. Attah Independent Report: The unresolved N8.14 Billion NTA Contract Award Saga http:// www.nigerianinquirer.com/2010/07/30/independent-report-the-unresolved-?8-4-billion-nta-cont [assessed on 31 August 2010. 81 Id.
PROCUREMENT LAW IN NIGERIA 149 due process makes him a major party in the [bad] procurement dispute.” Another indictment for BPP came in respect with Abuja Airport Second Runway Contract for the construction of a four –kilometer second runway at the Nnamadi Azikiwe International Airport Abuja. The House of Representatives Committee on Aviation after conducting a public hearing on the contract gave a damning verdict accusing BPP of manipulating the cost and bidding process of the award in violation of procurement procedures. 82 A newspaper Editorial in Nigeria captures the discrepancies graphically when it comments: “Many issues were uncovered during the public hearing. The ‘No Objection Certificate’ issued for the project was not only falsely issued by the Bureau of Public Procurement but deliberately and wrongly issue in conspiracy with the Managing Director of Federal Airport Authority of Nigeria [FAAN] and other officers of FAAN to inflate contract and defraud the federal government of Nigeria. The proceedings, processes and decisions for the award of the contract were not made accessible to the public, which would have allowed for observation, monitoring ,review ,comment and possible whistle blowing to ensure transparency.” 83 The Minister of Transport Alhaji Isa Ibrahim Bio was also indicted in the award of contract for the modernization of the Jebba-Kano railway line to Costain West Africa Construction Company at the sum of N12.2billion. The staff of the Railway who made the allegation recounts how the contract was inflated through spurious procedures contrary to procurement rules. They assert: 84 “By right, the board supposes to deliberate and agree on any railway contract before it recommend to the Federal Executive Council (FEC) through the Minister for approval. But unfortunately, the meeting of the board was summoned on 29 December, 2009 by 10am to deliberate on the contract for the rehabilitation of the Jebba 82 House Aviation Committee Chairman, Bethel Amadi, issued a statement where he specifically mentioned the sections of the law breached. He said: ‘There were obvious breaches of various Sections of the Public Procurement Act, especially 16(17), (18), (19), (20); 24(3), 31(2), (3a, b and c), and 33, indicating the potential breach of due process in the award of the contract’ See http://news2.onlinenigeria.com/news/ general/25770-Reps-Tackle-Presidency-Over-Runway-Contract.htm [assessed on 1 September 2010.See also Abuja's Airport Runway of Controversy Daily Trust 14 April 2010. 83 See News star Newspaper 31 May –1 June Editorial Profligacy in Public procurement page 14. 84 S. Abubakar, Nigeria: How N2Billion Railway project was awarded at N24 Billion Daily Trust 26 January 2010. Can be down loaded at http://allafrica.com/stories/201001270550.html[assessed on 1 September 2010].
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The right to maternal health care:
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Page 133 and 134: Procurement law in Nigeria: Challen
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