The Reform and Regulation of Public Procurement in Nigeria (original) (raw)
Related papers
Nigeria's Public Procurement Law-Puissant Issues and Projected Amendments
Journal of Public Policy and Administration, 2016
The Public Procurement Act 2007 brought a sense of regulation or framework to the procurement process in Nigeria. Preceding this law, Nigerian public procurement was not formally regulated in the sense that there was no law, which governed procurement at the federal or State level. This paper examined the various parts and sections of the PPA Act 2007 towards identifying major loopholes of the Act, as it may allow one party to circumvent the Act's intention without actually breaking that law. Some identified loopholes included ambiguity in the qualification criteria of a procurement manager, non-inclusion of the AEC professional on the National Council on Public Procurement, its failure to provide methods for dispute resolution etc. Meanwhile, some challenges militating against the implantation of the PPA Act 2007 identified were the absence of strong and compelling institutions, pervading corruption that has become Nigeria socio-cultural value, citizen's refusal to demand accountability etc. Although some provisions of the PPA Act were amended in 2009 by the Nigerian Senate, some other vital amendments were proposed to the relevant authorities for evaluation and legislation. The findings of this research provide instrument and ideas that can improve the efficiency and effectiveness of the Nigeria's procurement process.
Nigerian National Council on Public Procurement: Addressing the Unresolved Legal Issues
African Public Procurement Law Journal, 2015
The National Council on Public Procurement (NCPP) is one of Nigeria's two federal procurement regulatory authorities established by the Public Procurement Act 2007. More than seven years after the statutory establishment of the NCPP, the body is yet to be constituted; consequently, there is no proper performance of its statutory functions. This has continued to generate debate in several quarters. In response, the Federal Government has advanced various reasons for not constituting the body, which are mostly based on misconceptions about the status and functions of the body. Nonetheless, the non-constitution of the Council still has implications for Nigerian public procurement system. This article examines NCPP's status and functions, critiques identified misconceptions about the body, analyses the implications of not constituting the regulatory body, and assesses the benefits of constituting it.
Public Procurement Acts (PPAs) of most nations especially developing nations have not been able to achieve its desired purpose. This is because of the challenges, among others, faced by the stakeholders in the implementation of the Acts due to the economic, social and political environment where the Act is operating. This paper assessed the challenges facing the effective operations of the Nigeria Public Procurement Act 2007 so that actions could be concentrated on addressing significant challenges so as to public procurement process to achieve its intended objectives. Questionnaire survey was employed for the study which was administered among procuring entities, contractors and consultants. The result indicated that the most significant challenges are size and complexity of procurement, political interference by the executive and shortage of public procurement practitioners. The paper recommends that procurement studies shall be included in academic studies of Universities and Pol...
European Journal of Business and Management, 2015
The introduction of Public Financial Management Reform Programme (PUFMARP) in 1996 was purposely to take care of procurement of goods, works and services in the country. This policy was also made to improve and regulate the overall public financial expenditure in Ghana. However, the policy was fraught with operational irregularities and weaknesses such as; lack of comprehensive legal regime to safeguard the integrity of public procurement policy, no technical expertise, absence of clearly defined roles and responsible of procurement practices. In addition, there were economic pressures alluded to the revision of the 1996 policy. These included; huge and unattainable foreign debts, excessive budget deficits, huge contractual payment arrears, poor construction performance, corruption and pressure from international financial institutions forced the government to become committed to the reform of public procurement which culminated in the passage of the Public Procurement Act 2003 (Ac...
NIGERIA PUBLIC PROCUREMENT ACT AND THE WAR AGAINST CORRUPTION: IDENTIFYING THE MISSING LINK
Journal of Public Administration, Finance and Law, 2024
Developing countries such as Nigeria have a common enemy of economic, social and political development-corruption. The need to end corruption was one of the major reasons the military gave for forcefully taking over the seat of government in Nigeria. Even when the country returned to civil rule, opposition parties have accused the government in power of mismanagement of public funds and often promised to end corruption if elected into power. It is an incontrovertible truth that one area where corruption exists in Nigeria is Public Procurement. However, in 2007 the Nigerian government enacted the Public Procurement Act (PPA) to battle corruption in its procurement process. Despite this, the nation's procurement process is still characterized by irregularities as evident from the many cases of infractions of the procurement guidelines in some government quarters. This paper undertakes a review of the PPA (2007) vis-à-vis its provisions on anti-corruption in comparison with international best practices to identify any missing link. The study reveals that though the PPA has improved the procurement process in Nigeria, it cannot sufficiently eliminate fraud and corrupt practices because it has some loopholes. These loopholes include, amongst others: non-provision for an automated tendering system, passive roles played by the civil society organizations/ professional bodies in procurement implementation and the absence of an independent administrative review body. The study, therefore, recommends the reform of the PPA which will incorporate the identified missing links to battle corruption in public procurement effectively.
Investigating the Extent of Compliance With State Public Procurement Law: Lagos State as an Example
Journal of Public Administration and Governance, 2020
Implementation of State public procurement law has been one of the task assignments on project execution in Lagos State. However, little or no emphasis has been placed on the extent of its compliance. This study attempted to investigate the extent to which State public procurement law using Lagos State. It showed that the policy objective of efficiency, probity, and openness among the various procuring entities has to a large extent being achieved, though with various challenges undermining the implementation of public procurement policy, which needs prompt consideration. It employed both quantitative and qualitative data. In respect to quantitative data, a study population of 1, 401 comprised staff members on GL. 07-17 in the following Ministries: Housing, Finance as well as Works and Infrastructures. A sample size of 15% representing 210 respondents was used to represent the study universe. On the other hand, the qualitative data were drawn from the interview analysis. Conclusivel...
The Public Procurement Reforms in Nigeria: Implementation and Compliance Challenges
The public procurement in Nigeria has come to stay. The problem now is not the lack of a regulatory framework but rather that of poor implementation and non-compliance with the reforms laws and regulations. This position paper made used of published data on the extent of implementation and compliance with the Nigerian reforms regulations and those of other developing and developed countries as a basis for drawing conclusion that there has been some significant improvement on the awareness of the existence of the public procurement law but for low level of implementation and compliance. The paper identified factors as media publicity; planning, organisational culture political interference amongst others contributes both positively and negatively to public procurement implementation and compliance. The need to insulate the procurement decisions from political interference and the setting up of the National Council on Public Procurement so as to allow it discharged its legitimate roles against the current trend where the Federal Executive Council and other governmental bodies performing this role are among some of the recommendations proffered by the paper if a successful implementation and compliance with the Nigerian Public Procurement reforms will be realised.