More public procurement officers may end up in jail – NEFGAD boss
Akingbola Omoniyi, the Coordinator of the Network for the Actualisation of Social Growth and Viable Development, a public procurement advocacy group, speaks with Yakubu Dirisu about how the Federal Government can curb procurement misconduct
When did you start NEFGAD, and what motivated you?
Thank you for this question. The NEFGAD story began in 2007 in Ondo State. As an undergraduate, I led a team of young software inventors and entrepreneurs at the university. We identified our areas of strength and mobilised accordingly. We developed an enterprise solution that electronically addressed the manual challenges of a government service charter. Our role model was Mr Bill Gates, and our objective was to become the African version of the world’s richest man at the time.
Everything was fine with our approach and strategy until 2009 when a new government came on board in the state after a tribunal pronouncement put an end to our approach and we couldn’t use it anymore. We had to restart a procurement process we had almost completed under the previous administration. As struggling young undergraduates, it was a big challenge for us to start the process again. Sadly, in the end, we were told that the son of the new Chairman of the Agency was given our project. This was a significant setback and redirected the aspirations of nearly all of us.
Although we were not aware of the existence of the Public Procurement Act at the time, we knew something was fundamentally wrong with the system and process that allowed such a critical public project to be handled by the son of a head/member of the procuring entity. We perceived a conflict of interest and resolved to challenge the process by petitioning the EFCC and ICPC. One of the agency officers, who felt uncomfortable with how the process panned out, advised us to read the Public Procurement Act. Upon obtaining a copy, we found fantastic regulations that, if well implemented, could address the development challenges of any nation nearly permanently.
This experience inspired us to become a procurement advocacy group. So, you can see where we derived our passion and energy.
You have issued several public statements since your inception. How do you stay informed about the activities and developments within the MDAs?
Public statements are just one of our ways of alerting the government to the series of misconducts that occur around the procurement corridor, and they equally provide an avenue to offer our advice to constituted authorities. Since 2010, when we officially started our procurement advocacy efforts, we have accomplished a lot across the country. We organised the famous Procure Nigeria 2012 at the main auditorium of the University of Lagos for procurement stakeholders across southwest Nigeria. In 2013, we organised the Procuring Entities, Contractors, Consultants, and Service Providers Forum, and many others since then, to sensitise state and non-state actors on procurement best practices.
We also publish the Procure magazine, the only independent publication on public procurement in sub-Saharan Africa. Currently, we are in different courts against the Federal Government and several other MDAs, including the Bureau of Public Procurement, over various procurement matters. Beyond all of this, we see ourselves as one of the biggest unpaid advisers to the government through our engagements and position papers, and we realise that the government, particularly the Tinubu administration, is listening to us.
Regarding how we know what happens in MDAs, we use the instrumentality of law, particularly the Freedom of Information Act, to access public information. This process is often stressful and expensive, as most MDAs have low compliance with the FOI Act until compelled by the court. Additionally, the judiciary has its inherent challenge of time, and one must also engage the services of reputable lawyers, which does not come cheap. Sometimes, we receive information freely from the Nigerian people who believe in us.
Why do you think the President is listening to you?
We took the President to court over the illegal appointment of the DG of BPP made by the previous administration; he subsequently sacked him. We complained about the National Census procurement, and the process is now on hold. We raised objections to the initial amendment plan to the Procurement Act, which was also put on hold. We made our position known on Beta Edu, and he suspended her, among other similar actions.
When you notice some wrongdoing in the MDAs, do you engage them before going public? How?
Of course, whenever we get wind of any wrongdoing by an MDA, we write and seek clarifications. Over time, we have realised that not all mis-procurement is done intentionally; some result from ignorance of the procurement regulations. Although ignorance is not an excuse in law, this is where the Bureau of Public Procurement and the Head of Service must urgently come in to enlighten and correct their officers. If not, more public servants and procurement officers will end up at the Nigerian Correctional Centres.
Do you think your intervention is working? What impact have you made?
We have made a significant impact in raising public awareness about procurement regulations and their fundamental principles. Let me tell you, people don’t want to go to jail. Unlike before, public servants are now more aware and consider the consequences of procurement crimes before engaging in them. This means they now understand the consequences of their procurement actions.
Regarding the government, none of our positions have passed without some form of alignment from the authorities. You can verify this through a simple Google search or other means. This is why I say we are currently one of the biggest advisers to the government on public procurement matters in the country.
How would you assess the Tinubu administration’s handling of public procurement? Is the administration getting it right?
Well, my answer is both yes and no. On the one hand, it is a yes that the President appears to have recognised the need to improve his administration’s procurement practices. The Tinubu government has invested significantly over the past year, but this spending does not seem to be translating into tangible benefits for the people. You know, a sick person must first admit their illness before you can recommend treatment. The dismissal of the Director-General of the Bureau of Public Procurement indicates that the President acknowledges the issue of government spending not reaching the public and the necessity to reorganise the public sector procurement system. For us at NEFGAD, this represents a positive first step by the President towards strengthening the procurement system since taking office.
On the other hand, the President’s body language suggests that he may still be influenced by some of his appointees who claim that procurement processes are hindering their progress or that they need greater access to financial resources. These appointees may have private and questionable motives that contradict the President’s Renewed Hope Agenda. Their unscrupulous intent to exploit resources at an accelerated pace poses a significant risk to the administration.
What advice do you have for Mr President on ways to improve public procurement in Nigeria?
My advice to Mr President is to be cautious of some of his appointees who offer various suggestions aimed at undermining or fragmenting the Public Procurement Act. The Act is not hindering anyone. Out of 52 weeks in a year, the only mandatory timeline stipulated in the Act is the three-week window for bid solicitation, designed to ensure open competition, economic efficiency, and value for money. A few weeks ago, there were attempts to persuade the President to open the national treasury to them without restrictions through amendments to procurement budgets and project cost alignments. There is nothing wrong with the Act; what is needed is for the President to appoint competent leadership for the BPP and issue clear directives for improved implementation. He should not be swayed by politically motivated contractors.
I would also advise the President to examine the procurement practices in Lagos State, particularly under Mr Babatunde Fashola, where procurement regulations were effectively implemented. Comparing this model to other states would highlight the differences. The Lagos State model of procurement greatly contributed to Mr President’s legacy in Lagos, earning him global recognition as ‘The Builder of Lagos,’ a title that continues to resonate even years after his tenure as governor. This positive legacy endeared him to Nigerians and the international community. I hope for a similar success for Mr President during and after his presidency. Lagos operates almost like a country of its own, and Mr President should maintain his procurement principles, even as President of the Federal Republic of Nigeria.
