The Nigerian Public Procurement Act of 2007 and Good
Governance in Benue State of Nigeria
Dr Saasongu Ezekiel Nongo, Department of Business Management, Benue State University, Makurdi, Nigeria Abstract
The Nigerian Public Procurement Act of 2007 aims to curb the level of wastages and leakages in the Nigerian economy due to the inefficiency in the public procurement system. The Act applies only to the Federal Government of Nigeria and can be applied in a state or local government if the provisions of the Act are adopted as laws of the state or local government. The provisions of the Act are not yet adopted as laws of Benue State Government of Nigeria. The provisions of the Act cannot be legally enforced in Benue State and so the desired public procurement reforms and benefits are not realizable in Benue State. However Benue state government procures goods and services. There are incidences of non performance and poor execution of public procurement even where contract amounts are paid by Benue State Government. Some of the contractors even lack the technical and financial competence to execute the jobs. This has resulted to continual inefficiency in the public procurement system in Benue State. It is recommended that the Benue State House of Assembly should adopt the provisions of the Act as laws of Benue state. In addition, procurement departments should be established in Ministries, Departments and Agencies of Benue State Government. Also, enlightenment programs should be organized to sensitize and involve stakeholders’ participation in the public procurement reform process.
The Nigerian Public Procurement Act of 2007 in principles guides the right procedures (transparency, competition and merit) and also right cost for all contracts of goods, works and services from the pre-award stage to their successful execution and completion in Nigeria by Federal Government Ministries, Parastatals, International Journal of Business and Management Tomorrow Vol. 2 No. 1 ISSN: 2249-9962 January|2012 www.ijbmt.com Page | 2
Departments and Agencies. Nigeria is a republic with three levels of government namely, Federal, State and Local. The Public Procurement Act of 2007 applies only to the Federal government of Nigeria. The various states and local governments in Nigeria can adopt the provisions of the Act and pass them as laws of the states and local governments in Nigeria. The adoption of the fundamental principles of the Public Procurement Act of 2007 by a state or local government is termed domesticating of the public procurement Act in a particular state or local government. A Bill adopting the provisions of the Act would be approved by a state House of Assembly and assented to by the Executive Governor of the state for it to become a law applicable to such a state. In our discourse however is focused on domesticating the Nigerian Public Procurement Act of 2007 in Benue State of Nigeria.
Domesticating is taming or bringing home the provisions of the Act to Benue State Government. This implies implementation of the Act by Benue State Government. Governance signifies authority and control of common resources for the good of the majority. Individuals saddled with the responsibility of exercising power and deciding for a group of people are involved in governance. This means that the executive, legislative and judiciary arms of Benue State Government are involved in governance. The need for domesticating the Public Procurement Law in Benue State for good governance is directed at these arms and operators of the arms of government in Benue state. Good governance entails that the managers of the common resources decide and act in the overall best interest of the common good of all and not just for their self interest. Good governance requires the involvement of the oppressed groups (women, youth,...