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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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National tv signal fails in Niger after heavy gunfire

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Niger’s national television was off air on Saturday after a night of heavy gunfire in parts of the capital, including around a military base near the city’s airport which has been attacked twice this year by jihadists.

Niger has been ruled for three years by a military junta that has struggled to contain jihadist violence, which has blighted the West African country for around a decade.

The origins of Saturday’s shooting were not immediately clear but the military said: “In light of current events, let us remain calm and avoid sharing unverified information.

“Our defence and security forces have been mobilised for the defence of the homeland,” it wrote on its official social media pages.

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One local resident told AFP that there was “heavy gunfire and explosions” at Base 101 in Niamey, a report confirmed by several other witnesses.

At 9:00 am (0800 GMT), a black screen had replaced Tele Sahel’s programming both via satellite and online. Soldiers blocked access to the presidential palace and national television, residents added.

The first shots were heard at about 1:00 am local time (0000 GMT) and continued until daybreak, according to a video published by a local journalist filming the area around the airport.

Another local resident said he heard “bursts of gunfire” at about 7:00 am local time.

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“I went to get credit for my phone. I saw a military vehicle heading towards the base that had to turn back,” he added.

“The weapons we’re hearing are not the kind that terrorists on motorbikes can carry. The fighting has been non-stop since last night.”

Another resident in the west of Niamey said he heard sporadic small arms fire at about 5:00 am.

Several social media posts also reported shooting and explosions in the city, particularly in the administrative area where the presidential palace and national television station are located.

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Videos online showed armoured vehicles deployed to reinforce the neighbourhood near the airport.

– Rival jihadist groups –
Niamey airport has been targeted twice this year by jihadists, first by the Islamic State in the Sahel (EIS) in January, then in late June by their rivals the Group for the Support of Islam and Muslims (JNIM), the Sahel branch of Al-Qaeda.

The jihadist groups not only target civilians and the military but are also struggling for dominance over each other in the Sahel, and especially in Niger.

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Obasanjo jokes at Olota’s 60th birthday, says I’ll attend your 70th, may miss 80th

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Ex-President Olusegun Obasanjo brought humour to the 60th birthday celebration of the Olota of Ota, Oba Professor Abdulkabir Obalanlege, as he jokingly promised to attend the monarch’s 70th birthday while asking to be excused from the 80th.

Obasanjo, who is 89, made the remark while speaking in Yoruba at the anniversary celebration held in honour of the traditional ruler.

The former president recalled calling Obalanlege earlier in the morning to pray for him before turning his attention to the monarch’s future milestone birthdays.

“Kabiyesi, I called you this morning and prayed for you,” Obasanjo said.

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He then calculated his own age in relation to the monarch’s next major birthday celebrations, telling the gathering that he would be 99 when Obalanlege clocks 70 in 10 years.

“I’m here celebrating your 60th birthday. I’ll join you for your 70th birthday in 10 years,” he said.

However, Obasanjo joked that attending the monarch’s 80th birthday celebration 20 years from now might be beyond his reach.

“But for your 80th birthday, which is 20 years from now, ẹ yonda mi (you’ll excuse me); you’ll celebrate that one the way it pleases you,” he added.

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The comment drew laughter from dignitaries, traditional rulers and other guests who gathered to celebrate the Olota’s diamond jubilee.

The celebration also featured a notable display of Yoruba cultural respect when Fuji musician, King Wasiu Ayinde, popularly known as K1 De Ultimate, prostrated fully before Obasanjo after coming on stage.

The gesture further added to the cultural significance of the event held to mark Oba Obalanlege’s 60th birthday.

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SAD! Former Supreme Court Judge, Kalgo is dead

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The judiciary has been thrown into mourning following the death of Hon. Justice Umaru Atu Kalgo, JSC (Rtd.), CON, a former Justice of the Supreme Court of Nigeria and distinguished jurist whose judicial career spanned several decades.

Justice Kalgo reportedly died at about 3:00 a.m. on Tuesday after a prolonged illness.

A resident of Kalgo community, who requested anonymity, said the retired Supreme Court Justice was buried at about 2:30 p.m. in Sokoto in accordance with Islamic rites.

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His death marks the end of a distinguished legal career spanning nearly five decades, during which he contributed to legal practice, judicial service, law reform and the development of Nigerian jurisprudence.

Born on May 12, 1937, in Kalgo, present-day Kebbi State, then part of the old North-Western State, Justice Kalgo began his education at Elementary School, Kalgo. He later attended Middle School Sokoto, Middle School Birnin-Kebbi and Government College, Zaria, between 1953 and 1958.

He subsequently pursued legal studies at the Institute of Administration, Ahmadu Bello University, Zaria; the Council of Legal Education, London; the College of Law, Holborn, London; and the Nigerian Law School, Lagos. He was called to the Nigerian Bar in 1965.

Justice Kalgo began his public service career as an Administrative Officer in Northern Nigeria before moving into legal practice in government service. Between 1965 and 1972, he served as State Counsel and later rose to become Deputy Solicitor-General of the North-Western State.

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His judicial career began in 1974 when he was appointed a Judge of the High Court of Kano and North-Western State. He subsequently served on the Sokoto State High Court Bench.

On January 1, 1981, Justice Kalgo was elevated to the position of Chief Judge of Sokoto State, a position he held until 1988.

In February 1988, he was appointed a Justice of the Court of Appeal, where he continued to contribute to the development of Nigeria’s appellate jurisprudence.

A decade later, on November 25, 1998, Justice Kalgo reached the pinnacle of his judicial career when he was elevated to the Supreme Court of Nigeria.

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He served on the apex court until his statutory retirement at the age of 70 in May 2007.

During his years on the Court of Appeal and Supreme Court benches, Justice Kalgo delivered and participated in numerous judgments covering constitutional, civil and criminal law. His contributions formed part of the body of judicial precedents that continue to influence Nigerian jurisprudence.

Beyond the courtroom, the late jurist played significant roles in national law reform and constitutional development. He served on the Constitution Review Committee between 1987 and 1988, participated in the Constituent Assembly between 1988 and 1989, and was a member of the Law Revision Committee for the Laws of the Federation in 1990.

His public service therefore extended beyond adjudication to the broader development of Nigeria’s constitutional and legal framework.

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Justice Kalgo was also recognised for his contributions to national service and was conferred with the national honour of Commander of the Order of the Niger, CON.

His passing brings to a close the life and career of a jurist whose professional journey took him from public administration and government legal service through the High Court and Court of Appeal to Nigeria’s highest court, leaving behind a significant legacy in the country’s legal and judicial history.

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