University of Botswana Law Journal - PULP

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150 UNIVERSITY OF BOTSWANA LAW JOURNAL DECEMBER 2010 to Kano railway line that was to be awarded to Costain West Africa that same day by 4pm. It has already been decided and invitations were already distributed invited people to witness the signing of the contract by 4pm that day before we were asked to come for a meeting by 10am the same day to agree on what has already been decided. There was no record anywhere indicating that Costain West Africa ever handled any railway project in the past. In any case, the board suppose to meet, deliberate and agree on who should be recommended for the contract and not for us to adopt the decisions of the minister.” The minister retorted back in defense: 85 “We want to make sure Nigerians enjoy railway services. The challenges are enormous, people call us names. We are not of particular interest to a particular contractor, to a particular sector, to a particular group, but what is of particular interest to this administration is delivery. If you are able to deliver or you have the ability to deliver, we would work together.” The fact that emanates from all these controversies is the involvement of the government in the award of contracts in Nigeria contrary to the procurement law. Governments are not procuring entities; they are not tender boards and should also not be the approving authority for public contracts. The present trend is misnomer and should be rescinded. Another pathetic fact is that of the integrity of the procurement officers. That is a great setback to the new legal regime but the root cause is still the failure of the government to fully implement the procurement law. Although there is adequate sanction 86 for the procurement officers who misbehave in the Act to make them suffer for their misdemeanor, if government is involved, they may escape punishment. In addition, section 57[1] 87 provides that the Bureau with the approval of the NCPC shall stipulate a code of conduct for all public officers. The problem is that the NCPC has not been constituted. Final implementation of the procurement law is the panacea to the ills of the procurement system in Nigeria. 85 Id. 86 See section 57 of the Act [PPA]. 87 Id.
PROCUREMENT LAW IN NIGERIA 151 8. CONCLUSION We have examined the procurement law in Nigeria, the policies and the objectives of the law at the domestic level are sound. The regulations fashions along UN Commission on International Trade Law [UNICITRAL] Model are capable of attaining the desired objectives if well implemented and that is where the problem lies. There is great concern on the involvement of the government in the procuring process, concern on the integrity of the procurement officers and the lack of political will by the government to fully implement the law. We observed to our chagrin, partial implementation of law by the government. What could be responsible? The power to award contract is a prestigious one which the government does not want to lose and we profess that to be the reason why the federal government in Nigeria has not constituted the right body to approve contract. Till today the Federal Executive Council is responsible for approval of contracts while the ministers and other government functionaries play a greater role in procuring contracts. The resultant effect of that lip service has been explained in this article which is an orgy of violation of procurement law. We, therefore call on the federal Government of Nigeria to take all necessary steps to inaugurate the NCPP according to the procurement law. On the issue of the integrity of the procurement officers, those who are found to be corrupt or whose names have been discredited should face the wrath of law and qualified professionals of impeccable character should be appointed. Another aspect is the scope of the application of the PPA, until similar law applies in all the states and local levels, the gain of the Act shall be short-lived. Though the broad exception in the areas of defense and security may be universal 88 it can constitute an avenue for compromise and corruption in Nigeria in view of the controversy surrounding the use of security vote by the executive governors in the states. There should be an amendment to check the excesses of the executives in that area. 88 Almost all the procurement law of every country has this exception.
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