University of Botswana Law Journal - PULP

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.