Date Published: 07/07/09

PUBLIC PROCUREMENT FOR PUBLIC GOOD

By Emmanuel Onwubiko

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May we be reminded that the 1999 Constitution in section 14 (1) (2) (a) (b) and (c) provide that the Federal Republic of Nigeria shall be a State based on the principles of democracy and social Justice. It is hereby accordingly, declared that Sovereignty belongs to the people of Nigeria from whom government through this constitution derives its powers and authority. The security and welfare of the people shall be the primary purpose of government and the participation by the people in their government shall be ensured in accordance with the provisions of this constitution. In section 15 (5) of the 1999 constitution which is the supreme body of laws governing Nigeria it is clearly stated that; “the state shall abolish all corrupt practices and abuse of power.”

The implication of all the above cited sections of the constitution is that good governance, transparency, accountability and a zero tolerance to corruption by political office holders are the most strategic attributes that must be in practice in Nigeria.

It is the acceptance of the above constitutional facts that probably informed the recent convocation in Abuja of a national forum on procurement by the Bureau for public procurement. When I read the advertisement endorsed by Dr. Abiodun Adeniyi inviting stake holders to attend the event I became very curious and determined to attend.

Knowing Dr. Abiodun Adeniyi as a versatile communications scholar, I put a call across to him and he did not waste time in further explaining that the two days event will understudy the all important issues of public procurement reform and the law; common objectives of good procurement systems; satisfying customer; attaining best value for money; protecting integrity and ensuring transparency.

Speaking, the controversial Federal Attorney General and minister of Justice, Michael Aondooakaa clearly stated a fact that is well known to most Nigerians that the Federal Government is aware that ninety percent of corruption in Nigeria is traced to contract awards especially in the public sector.

According to the Justice minister who has come under intense criticism for allegedly shielding corrupt erstwhile public office holders and for whittling down the operational capacity of the Economic and Financial Crimes Commission (EFCC), tender process in the ministries and Government Agencies is the mother and grandmother of all corrupt practices in Nigeria, even as he listed award of contracts to persons without the requisite expertise, manipulations, and falling prey to undue influence or pressures on major players in the tender process as some of the factors responsible for the widespread corruption in Nigeria.

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The Federal Government anticipated that the establishment of the Bureau for Public Procurement ably headed by Emeka Eze coupled with vigorous and consistent implementation of the objectives for which it was established, would stem the tide of corruption, ensure value for money, and substantially improve the quality of governance, the Justice minister warned Public office holders and chief executive officers of agencies under the various ministries who are in the bad habit of not carrying out their procurement duties for fear that they would not be able to meet up with the high integrity standard set up by the Bureau for Public Procurements that the President will sanction them appropriately using the anti-graft institutions.

The Federal Government’s delay tactics in revealing the names and prosecuting alleged heavy political figures in Nigeria named in the multi-billion naira Halliburton Scandal is one among the several instances of Government’s lack of commitment to fight corruption. Be informed that the current edition of the Africa Report in its editorial affirmed thus; “Similarly, the US, British and French investigations into corruption surrounding Halliburton’s $6bn gas plant in Nigeria implicate the business associates of former vice-president Dick Cheney and suggests that three former Nigerian heads of state were part of the US company’s criminal scheme. Yet there has been no serious investigation, let alone a prosecution, in Nigeria. Until that reaction changes, justice will continue to go offshore.” The Africa Report is a colourful and very credible magazine on Africa published in Paris, France.

Specifically, a World Bank document dated March 21 st 2007 made available to me and titled; “Strengthening World Bank Group engagement on Governance and Anti-corruption” it was rightly stated thus; “Governance and corruption are not synonymous. Governance refers to the manner in which public officials and institutions acquire and exercise the authority to shape public policy and provide public goods and services. Corruption is one outcome of poor governance, involving the abuse of public office for private gain. Public office is abused when an official accepts, solicits, or extorts a bribe and when private agents give or offer bribes to circumvent public policies and processes for competitive advantage and profit. It is also abused through patronage and nepotism, the theft of state assets, or the diversion of state revenues. Corruption can also take place among private sector parties, yet interface with and affect public sector performance.”

In what looked like a good score card on Nigeria, that World Bank’s document stated that; “On a daily basis, poor people around the world are unable to access health clinics, schools, or other essential services because their public systems are unresponsive or because they themselves cannot or will not pay bribes. Corruption and weak governance often mean that resources that should fuel economic growth and create opportunities for poor people to escape poverty instead enrich corrupt elites. Where transparency and accountability mechanisms are weak or lacking, poor people’s needs are often marginalized and development outcomes suffer. In some cases, extremely poor governance and corruption have contributed to financial and economic collapse, public alienation, and even violence and failed states, with disastrous consequences for the poor. Thus, improving governance and reducing corruption are crucial to helping poor people escape poverty and helping countries to achieve the Millennium Development Goals (MDGs).”

Interestingly, key government officials attended the forum by the Bureau for public procurement and went home with rich resource materials on how to check the rising trend of corruption associated with public procurements in Nigeria but as the saying goes, ‘it is easier said than done’.

It is therefore expected that the actions of these public office holders will speak louder than their words. Public officials in Nigeria charged with the duties of public procurements must accept the fact that public procurement must serve public good. The only way to ensure that public procurement serves public good is when corruption in all its ramifications must be eradicated in the procurement systems in Nigeria.