Institute of Purchasing and Supply Management, Nigeria Bar Association, Nigeria Association of Chambers of Commerce, Industry, Mines and Agriculture, Nigeria Society of Engineers, civil society and the media.
But the council is yet to be constituted three years after the procurement law was signed into law.
All the while, the Federal Executive Council has been considering and approving federal contracts during its weekly meetings.
Makarfi, who was speaking to Daily Trust at the weekend, said, “It is true that the Public Procurement Act provides for a council that should be dealing with all the issues that the Federal Executive Council (FEC) has been actually dealing with and that is a constant breach of the act.”
The late President Umaru Yar’adua signed the Public Procurement Act into law on June 4, 2007 but did not constitute the National Council on Public Procurement up to the time he died last month. Makarfi said the failure of government to constitute the council has adversely affected the process of awarding contracts, adding “Not only is it a constant breach of the act, I believe it is an introduction of inefficiency because a lot of executive time is wasted in council meetings that ordinarily should focus on allowing ministers and heads of MDAs to be on their feet or inspecting ongoing projects and the programmes thereby enhancing efficiency and the level of performance of government.”
Makarfi said FEC has many other important roles to play in the business of governance. “The thing is that FEC should not constitute itself into a contract awarding body; it has a role in reviewing threshold and other things, but that is occasional discharge of functions. Some members of FEC would be in the Public Procurement Council, not all of them.”
He said the present arrangement lacks transparency as the people and other stakeholders have no say in the process of expending public funds. “No NGO or the media or other groups sits in the Executive Council, it is only at the end of the meetings that people come and say ABCD has happened. But in this one, they would be part and parcel of the council as a watchdog, not to prevent executive function but to bring public participation and observance of the activities.”
He added, “It doesn’t involve the judiciary because it has its arm; it doesn’t
involve the legislature because it has its own role as an arm of government. The civil societies are to be in the council, the media and other bodies are in the council all in order to bring openness to government activities so that Nigerians get directly involved in how public funds are utilised through the processes of appraisal and award of contracts. It is to ensure that we get value for money in every kobo spent, through the award of contracts.”
He also said the National Assembly would soon draw the attention of President Goodluck Jonathan to the matter. “There is no way President Jonathan’s attention will be drawn by the relevant principal officers of government to this that he will not comply with provision of the
law. I am absolutely sure that his attention has not been drawn to it.”
The Public Procurement Act has been partially implemented with setting up of the Bureau for Public Procurement (BPP) which evaluates and certifies payment for contracts while the council that should actually award the contracts is yet to be constituted.
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