Jonathan: With FoI Act, No More Hiding Place

 President Goodluck Jonathan

President Goodluck Jonathan Monday warned public servants who had been circumventing public procurement laws to desist from doing so as any infraction would henceforth be visited with the full wrath of the law. 

Ignorance, he said, would never be an excuse, as he warned contractors who he said he had received reports of their collusion with civil servants to aid abandonment of contracts.

Jonathan said there was no more hiding place for them with the passage and assent into law of the Freedom of Information (FoI) Act which requires that government business should no longer be shrouded in secrecy.

Secretary to the Government of the Federation (SGF), Senator Anyim Pius Anyim, represented the president at the fourth National Procurement Forum to mark the 10th anniversary of the public procurement reform in the country.

He warned that civil servants and government appointees needed to study, understand and apply the provisions of the Public Procurement Act as it was the only guide to conducting government businesses.

He noted that all the necessary legislations were now in place to ensure that transparency which would drive transformation were in place in a manner that would make government business to run transparently and where anybody could make inquiries and get answers, “so people have to work transparently in the discharge of their duties”.

 “I strongly advise all public officers whether elected or appointed to study the Public Procurement Act and understand and apply its provisions in the conduct of government business.  There will be no sacred cows for any infractions especially by those responsible for budget implementation at the federal level. And of course ignorance of the law will never be accepted as an excuse,” he warned.

He asked the Bureau for Public Procurement (BPP) to step up sensitisation efforts to cover ministries, government agencies and Nigerian missions abroad to ensure that a uniform system was adopted in the conduct of government business.

“Finally, I am happy to note that with the passage of the Freedom of Information Act, the media and the general public now have a tool to work for good governance. It is no longer possible to hide behind officialdom as everything is now in the open.

“I believe that the fight against corruption has now entered a critical stage and all public servants must take note that the old era has passed away. This is the era of transformation; the era of transparency and accountability not just in words but by action because the tools for public participation are now fully in place,” he pointed out.

Jonathan said the cream of attendees at the forum was a proof of the interest Nigerians have on the issue and urged the drivers of the programme to continually improve with an aim to perfect the system.

“I am fully aware of the many challenges which the BPP is confronted with in efforts to implement procurement reforms. Some of them include the tendency by corrupt officials of MDAs to circumvent BPP’s guidelines and the Public Procurement Act to satisfy selfish interests. Other common challenges which I understand the Bureau is battling with are contract splitting, manipulation of prequalification processes, and disregard for bidding regulations, payment guidelines etc.

“The Federal Government has also received reports of collusion between civil servants and contractors, and cases of contractors abandoning projects after receiving advance payments. There is also the problem of name-dropping in attempts to intimidate officials of BPP.

“My administration will continue to give every support that the BPP requires to sustain and improve on the achievements it has recorded thus far. I urge the Bureau to remain fair, firm and resolute and resist any form of intimidation or inducement in its resolve to enthrone a procurement regime that is open, competitive and cost-efficient and delivers value for money without compromising faster budget implementation,” he said.

He noted that as the system was being perfected, delays were being reduced in securing approvals, while integrity of the process was not being compromised which was the aim of the law.

Also Monday, former President Olusegun Obasanjo called for sanctions, including imprisonment, for culprits of the public procurement system abuse to serve as a deterrent. 

Obasanjo, whose administration passed the Public Procurement Act of 2007, said it was gratifying to see a gradual emergence of a "transparent" procurement system. 

The Director-General, BPP, Mr. Emeka Eze, said certain powers were bent on frustrating the due diligence efforts.

Eze said the bureau, through the help of civil organisations, had waxed from strength to strength notwithstanding the current opposition.

According to him, the bureau had won two out of the 11 cases against it, while five agencies had been recommended for investigation and eventual prosecution if found wanting.