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Stakeholders Reject Amendment Of Public Procurement Act

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By Gloria Ikibah
Stakeholders in the public procurement sector have rejected amendment of the public procurement Act which seeks to punish contractors for unnecessarily delaying the completion, or abandoning projects awarded to them.
Director General of the Bureau for Public Procurement, Dr. Adebowale Adedokun and the immediate past Director General of the agency, Emeka Ezeh both stated this at a public hearing organised by the House of Representatives Committee on Public Procurement on Monday in Abuja.
The duo said that there was no need to amend the law to punish contractors as such provisions are always contained in the contract.
According to Adedokun, the Public Procurement Act, 2007 harmonized the existing Government policies and practices by regulating, setting standards and developing the legal framework for Public Procurement in Nigeria to give room for competition and transparency.
He said: “The intending amendment seeks to sanction contractors who delay in completion of contract within a stipulated time. This sanction globally is generally included in the conditions of contract and it is outside the intendment of the PPA.
“The Public Procurement Act does not regulate contract implementation rather the standard condition of contract and contract of agreement regulates whatever transpires after a validly awarded contract.
“In this regard, the clauses In the contract agreement prescribing sanctions for contractors as Included in the Bureau’s Standard Bidding Documents should suffice. Therefore, the proposal to incorporate contract implementation procedures into the Public Procurement Act is overbearing and will negate the intentions of its establishment.
“The Bureau, as the regulatory body and by the powers conferred on it by the Act, has issued Standard Bidding Documents and Standard Conditions of Contract, which are of global standards and have already catered penalty for erring contractors.
“The Bureau, therefore recommends that the Committee should rather help in the proper implementation and enforcement of the existing laws by ensuring that funds for contracts awarded should be provided as and when due. This is because the solution the amendment intends to provide is not a matter of law but rather of implementations, as a procuring entity who fails to release funds to a contractor for timely completion of a project, will be guilty of the contractor’s delay in completion of the project.
“In view of the above, the Bureau respectfully request the committee to reconsider the amendment and seeks for the Parliament’s support for proper implementation of the Public Procurement Act to enhance efficiency in the public Procurement space in Nigeria”.
The immediate past Director-General of BPP, Emeka Ezeh also argued that though the intention of the proposed amendment seems noble, but focuses on addressing an effect rather than the cause of an obvious challenge in our contracting environment.
He said: “I will rather advise that the challenge be seen from a holistic picture Starting from needs assessment to projects design/preparation/projects scoping through adequate budgetary provision to procurement process (selection of contractor) to contract execution( project implementation).
“The proposed amendment tends to focus on the last leg of the project delivery chain which is a contract management issue not usually covered by public procurement legislation.  However, a project can be compromised at any of the stages leading to delay in completion.
“For instance, if a need is not well articulated, the solution provided by the project could lead to the risk of abandonment or if the design was not competently done or due to time constraint detailed feasibility/engineering designs were not done, at the stage of implementation, issues of variations/augmentations could arise.
“In the same vein, if during procurement, an incompetent contractor is selected due to abuse in the application of relevant guidelines, the project is destined to be at risk of delays.
“Again, even if there were no risks up to contract award which is what the proposed amendment assumes, a project could be delayed due to nonpayment as and when due or due to new government fiscal policies that could impact on the cost of the project.
“The delays in adjusting the contract sum to align with such policies could pose a risk to the project.
“More importantly, the ill the amendment intends to cure is adequately contained as a standard provision in our standard conditions of contract. For every major project, this is part of the conditions of contract.
“Any engineer or Quantity Surveyor or Architect worth his certificate knows this as a matter of fact. Professionally, it is called “liquidated damage” —which is a penalty imposed on a contractor subject to a maximum of 5%, usually for delay in completing a part or all of a project in line with the program of work except if the delay is due to force majeure or an extension of time duly granted by the employer through the engineer”.
Chairman of the Committee, Rep. Unyime Idem said one mischief that has plagued the public procurement space in the country is the practice by contractors to delay projections unduly, intentionally, and without any fear of sanctions, and that this mischief is driven by a number of factors, including incompetence of the contractors, non – prioritization of Federal Government projects, intention to apply for price variation, bad faith, compromise, absence of patriotism, economic sabotage, corruption, among others.
He said members of the House have studied the difference in culture and approach in other jurisdictions when it comes to the issue of executing government projects, citing Egypt where contractors are required to work both day and night and all through the week as an example.
According to him, through that practice, project time is reduced by about 50 percent to 60 percent, and a project that should ordinarily take 24 months may take 12 months or less, while in Nigeria, a project that should take 12 months may take a minimum of 5 to 6 years, with the chances of such projects being abandoned standing at about 70 percent to 75 percent.
In addition, he said over 90 percent of capital projects are eventually subjected to requests for variation, which in part is driven by the issue of delay and poor project management that results in increased costs, driven by factors like inflation and devaluation.
“While a contractor may argue that inflation and devaluation may impact its costs, it is expected that each contractor must have shown enough financial capacity, which would have contributed to the award of the contract. It is therefore expected that the contractor should deploy the best project management practice by purchasing materials upfront and locking down prices, if possible.
“I must also add that this culture of project delays preceded the current problem of inflation and devaluation. Hence, it is a problem that we now must address from a legislative perspective.
“The instant problem impacts governance in Nigeria and has affected our ability to deliver the dividends of democracy to the Nigerian people. We as legislators engage with our constituents, who are at the grassroots level, and when we are confronted with the issue of delayed and/or abandoned projects, we struggle to find answers and explanations”, he added.

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Bauchi by-election: Police arrest 47 for impersonating state security

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The Bauchi State Police Command has arrested 47 people allegedly posing as operatives of a state-owned security outfit during the by-election in Disina State Constituency, Shira Local Government Area of the state.

The suspects were arrested at various polling units on Saturday while allegedly armed with guns, cutlasses and sticks, contrary to the Electoral Act and security directives issued ahead of the election.

The Police Public Relations Officer of the command, SP Nafiu Habib, disclosed this in a statement on Saturday.

Habib said, “Following our deployment for election duty in Disina State Constituency, Shira LGA, 47 operatives claiming to be members of a state-owned security outfit were arrested within polling units.

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“They were found in possession of guns, cutlasses and sticks, in contravention of the Electoral Act and the security directives earlier issued.”

The PPRO added that the suspects were immediately taken into custody, while firearms and other dangerous weapons were recovered from them.

He said, “The suspects were immediately taken into custody. Exhibits, including firearms and other dangerous weapons, were recovered from them.”

According to Habib, the Commissioner of Police, Sani-Omolori Aliyu, condemned the development and directed that the suspects be transferred to the State Criminal Investigation Department for further investigation.

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He quoted the CP as condemning “this blatant disregard for lawful directives and attempt to undermine the electoral process.”

Habib said the suspects had been transferred to the SCID, Bauchi, “for discreet investigation and prosecution in accordance with the law.”

The command reiterated its commitment to ensuring a peaceful, credible and hitch-free by-election.

It warned that “any person or group, regardless of status, who attempts to disrupt the electoral process or cause a breach of peace will be decisively dealt with.”

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The police also called on members of the public to remain law-abiding and report suspicious activities to the authorities.

PUNCH reports that the Bauchi State Police Command, in a statement issued on Friday, September 18, 2026, outlined security arrangements for the bye-elections in Disina State Constituency, Shira LGA, and Sakwa State Constituency, Zaki LGA.

In the statement, the command declared that “state-owned security outfits, quasi-security agencies, private security guards and vigilante groups are not allowed to participate in election security coverage.”

The command stated that only “statutorily recognised security agencies under the Inter-Agency Consultative Committee on Election Security are mandated to provide security for the elections.”

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FG Probes Deaths of 37 Suspected Illegal Miners in Minna, Names 20 Suspended NSCDC Officers

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The federal government has constituted a 10-member independent committee to investigate the deaths of the 37 suspected illegal miners detained last Thursday by the Nigerian Security and Civil Defence Corps (NSCDC) in Minna, the Niger State capital.

This development followed Friday’s directive by President Bola Tinubu for a “full and transparent” investigation into the deaths of the suspected illegal miners.

The Northern Senators Forum (NSF), Nigerian Bar Association (NBA) and the Campaign for Democracy (CD) have also called for a thorough, independent and transparent probe into the incident.
In a statement issued yesterday, the Minister of Interior, Olubunmi Tunji-Ojo, also released the names of the 21 officers suspended so far in connection with the incident.

This is just as the former military President, General Ibrahim Badamasi Babangida (rtd.), has denied ownership of the mining site in Minna where some of the suspected illegal miners were arrested before they died in the custody of the NSCDC.

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Babangida alongside former Head of State, General Abdulsalami Abubakar (rtd), also called for thorough and extensive investigations into the deaths of the 37 suspected illegal miners.

The National Human Rights Commission (NHRC) has also commenced a preliminary investigation into the incident.
On Thursday, the NSCDC said it arrested the suspects during operations conducted on September 15 and 16 around Lt. Gen. Mohammed Inuwa Wushishi Estate in Minna.

The NSCDC commandant in Niger State, Suberu Aniviye, had claimed in a statement that “scores of the detained suspects were found dead in the early hours of Thursday following a suspected outbreak of disease”.

Following the development, the federal government suspended him and ordered a full investigation into the circumstances surrounding the deaths.

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Tunji-Ojo directed the suspension of all officers involved in the incident pending the conclusion of the independent committee’s investigation.

“The minister directed the committee to determine responsibility, complicity, negligence, and misconduct, and to recommend appropriate action, compensation where applicable, and measures to prevent a recurrence,” the statement reads.
The minister also warned that “any attempt to destroy or conceal evidence, intimidate witnesses or obstruct the investigation will be treated as a serious offence.”

A retired deputy director-general of the Department of State Services (DSS), Jonathan Kure, chairs the committee. In contrast, former director-general of the Nigeria Law School Isa Hayatu Chiroma will serve as secretary.
Other members include retired Assistant Inspector-General of Police (AIG) Hosea Karma; former chief medical director of the University of Ilorin Teaching Hospital, Olayinka Buhari; a representative of the Minna Emirate Council; and a representative of the Niger State government.

Also on the list are National Secretary of Miners Association of Nigeria, Liman Sulaiman; human rights lawyer, Deji Adeyanju; Zainab Suleiman Okino of Blueprint Newspaper; and a public affairs analyst, George Agbakahi.

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The full list of the officers so far suspended, in addition to the Niger State NSCDC Commandant, are: Officer-in-Charge (O/C) Station Guard, SC Usman Isah Ndamaka; Station Guard, ASCI Hassan Mohammed; Station Guard, CCA Bala Mohammed; Arresting Officer/O/C Investigation, CSC Oluwadare Sunday; Arresting Officer, DCC Obafemi Elvis; Arresting Officer, CSC Annas Shitto Lamino; O/C Legal, ACC Stephen Tsado; and HOD INT/INV, DCC Philip Ajayi.

Others are: Day/Night Duty Officer, ASCI Alhassan Mohammed; Guard Duty, IC Abdullahi Sale; Guard Duty, IC Mohammed Sonfada; Guard Duty, CAI Liman Abubakar; Guard Duty, CAI Bala Usman; Guard Duty, IC Mohammed Jiya; Guard Duty, DSC Isah Suleiman; Guard Duty, CAI Ahmed Wushishi; Guard Duty, IC Sale Adamu; Guard Duty, IC Haruna Mohammed; Guard Duty, ASCI Aliyu Sallah; and Guard Duty, CAI Isah Sanusi.

Meanwhile, NHRC has also commenced a preliminary investigation into the incident.

Executive Secretary of the NHRC, Mr Tony Ojukwu, condemned the incident and expressed concern over the loss of lives in state custody, particularly as the precise cause of death remains subject to investigation.

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According to the commission, the bodies of the deceased were deposited at the General Hospital, Minna, for medical examination, while security authorities have initiated separate investigations.

Ojukwu, in a statement issued by the organisation’s Director, Corporate Affairs and External Linkages, Fatimah Mohammed, directed the Commission’s preliminary investigation to establish the circumstances leading to the deaths.
He also called for an independent forensic autopsy and the preservation of all relevant evidence.

He further stressed that the investigations already ordered by the Minister of Interior and the NSCDC must be conducted transparently, thoroughly and in accordance with international standards governing investigations into potentially unlawful deaths in custody.

“Citizens who are arrested on suspicion by law enforcement agents are by law expected to enjoy the full complement of their fundamental human rights in accordance with national and international human rights instruments,” Ojukwu said.

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Northern Senators, NBA, CD Demand Independent Probe

Meanwhile, the Northern Senators Forum (NSF) has demanded an immediate, transparent and independent investigation into the incident.

The senators also called for independent autopsies on all the victims. They demanded that anyone found culpable of criminal negligence, unlawful detention, reckless conduct or any deliberate act that contributed to the deaths should be prosecuted, irrespective of rank or position.

The Chairman of the Northern Senators Forum, Senator Abdulaziz Musa Yar’adua, in a statement issued yesterday, said the circumstances surrounding the deaths were “deeply disturbing and unacceptable.”

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He stressed that no Nigerian should lose his life in the custody of an agency established to protect lives and property.
The senators also demanded answers to questions surrounding the alleged distress calls, including when they were made, who heard them and what action was taken before the deaths occurred.

The President of the NBA, Mrs Oyinkansola Badejo-Okusanya (SAN), has also called for a thorough, independent and transparent investigation into the deaths of the 37 suspected miners.
The association said it had deliberately refrained from reaching conclusions on the cause of the deaths pending the outcome of investigations, stressing that the incident required evidence-based findings.
The NBA said the prompt response by the authorities was commendable but stressed that the credibility of the process would depend on the independence and thoroughness of the investigations.

“The true measure of the response will ultimately not be the speed with which investigations are announced, but rather the independence and thoroughness with which they are conducted, the transparency with which their findings are made known, and the accountability that follows from those findings,” it said.

The association also called for an investigation into wider illegal mining operations, including those who may have owned, financed, controlled, or profited from the activities.

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Similarly, the CD has called on the National Security Adviser (NSA), Mallam Nuhu Ribadu, and other senior security officials to institute an independent investigation into the incident.

The group also called for the immediate suspension of the NSCDC Controller-General, pending the outcome of the investigation, arguing that such a step would help ensure the credibility and independence of the probe.

In a statement issued yesterday by its National President, Reverend Ifeanyi Odili, the CD said the circumstances surrounding the reported deaths required urgent clarification, transparency and accountability.

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2027: INEC assures Nigerians of electoral integrity

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The Independent National Electoral Commission has assured Nigerians of its commitment to electoral integrity ahead of the 2027 general elections.

The INEC Chairman, Prof. Joash Amupitan, SAN, gave the assurance on Saturday while presiding over operations at the Commission’s National Situation Room at its headquarters in Abuja.

According to a statement issued and signed by the Chief Press Secretary and Media Adviser to the INEC Chairman, Adedayo Oketola, Amupitan said operational bottlenecks identified before the by-elections held in Gombe, Kano, Bauchi and Delta states were swiftly addressed.

“Our primary mandate in the Situation Room is monitoring and proactive crisis resolution.

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“Whatever administrative or field challenges arose in before the day of the elections, the Commission was able to nip them in the bud effectively. We remain committed to refining our processes so that every subsequent exercise reflects higher standards of efficiency and public confidence.”

The Commission conducted four legislative by-elections in the Gombe/Kwami/Funakaye Federal Constituency in Gombe State, Dawakin Kudu State Constituency in Kano State, Sakwa and Disina State Constituencies in Bauchi State and Udu State Constituency in Delta State on Saturday.

Amupitan described the by-elections as crucial operational tests that would provide lessons for the 2027 general election.

He said every off-cycle election was an important dress rehearsal for the general election, stressing that no electoral contest should be regarded as trivial or routine.

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“These four bye-elections provide indispensable operational lessons for the Commission as we systematically chart our roadmap toward the 2027 general election.

“We must resist the temptation to view any exercise as merely an ordinary bye-election. Every election is a critical component of our broader preparations for the 2027 general election, allowing us to continuously audit our logistics framework, stress-test our technological deployment, and evaluate administrative field readiness,”

The INEC chairman, accompanied by National Commissioners and senior management officials, monitored the elections as operational reports were received from the various states.

Amupitan thanked officials in the Situation Room, particularly the technical team, for enabling the Commission to monitor the multi-state exercise seamlessly and assess field performance without any hitch.

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