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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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Photos: We’re building infrastructure for a knowledge-driven economy – Tinubu

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President Bola Tinubu has said that his administration was building road infrastructure to lay the needed physical foundation for a knowledge-driven economy, stressing that education, justice, and innovation need roads to thrive.

Tinubu stated this in Abuja on Tuesday, while flagging off the construction of Collector Road CO1 in the Institutional Research District, from Nile University to Ring Road III.

Represented by the National Chairman of the All Progressives Congress, Prof Nentawe Yilwatda, the President said that the project included dualisation of the road from Baze University roundabout to Nile University, that is the Base University.

He noted that three years into his administration, the results were speaking out.

“From the Southern Parkway to the Institution and Research District, we are laying the physical foundation for a knowledge-driven economy.

“Today, we provide those roads that are needed to provide justice, education, and innovation to our people.

“To the university community, this road is more than a route. It is a connection between learning, law, and the future of our capital,” he said.

He pointed out that the Institution and Research District was designed to be the intellectual heart of Abuja, adding that universities, law chambers, research centers, and innovation hubs were growing in the area.

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He, however, stressed that ideas could not move if roads do not move and connect the heart and people together.

Tinubu further said: “Under the Renewed Hope Agenda, we made a choice to finish what was started and to start what we must finish.

“The first phase of this corridor connecting the Body of Benchers, Nile, and Base University is done and ready for commissioning. Today, we begin the next phase to Ring Road III to complete the loop.

“That is how we build a city—with a plan. Not a city of abandoned pieces. Infrastructure must be continuous, and it must also be useful to the people within the environment”.

He commended FCT Minister Nyesom Wike for turning FCT into a delivery agency, stressing that the transformation of Abuja under the minister’s watch is bold, visible and worthy of commendation.

He said, “Wike, your energy is unmatched. You took over a capital with many stalled projects and turned the FCTA into a delivery agency. ‘Mr. Projects’ is not a slogan, it is a record. You have revived sleeping roads, built new interchanges, and brought development to satellite towns. You have domesticated the Renewed Hope Agenda; street by street, district by district. The transformation of Abuja under your watch is bold, visible, and worthy of commendation. Well done, Minister Wike.”

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In his remarks, Wike explained that the project was considered following a plea by the Body of Benchers to provide access roads to ease the movement of people in and out of the area.

He assured FCT residents that the Tinubu administration would fulfill all the promises made to the people of FCT, adding that the project would be completed by January 2027.

The minister said that he would continue to deliver life-impacting projects to FCT residents as directed by Tinubu, stressing that the delivery would not be affected by 2027 political activities.

Earlier, acting Executive Secretary, Federal Capital Development Authority, Mr Richard Dauda, said that the Institutional Research District of the FCT is located in Phase III of the city.

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Dauda said that the area was planned to accommodate educational institutions like universities, research institutions, and other government institutions as provided in the Abuja master plan.

He added that the district was being developed in stages, with this project being a major intervention in the opening of this district.

He explained that the scope of the current stage involved the construction of Collector Road CO1, from the Nile University to Ring Road III with a total length of about six kilometres.

He added that the project also included the dualisation of the section from the Base University Junction to Nile University.

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Just in: Kidnapped APC Chairman, Another Victim Die in Abductors hideout

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Tragedy struck in northern Nigeria following reports that two abducted victims, including a former chairman of the All Progressives Congress (APC) in Koko/Besse Local Government Area of Kebbi State, have died while in captivity.

The deceased, Alhaji Muhammadu Mai Barga Besse, who previously served as APC chairman in the local government area, was reportedly held hostage by armed kidnappers for an extended period before his death. Another victim who was abducted alongside him was also confirmed dead, although his identity had not been officially disclosed at the time of filing this report.

The sad development comes months after disturbing videos emerged online showing the victims in dire conditions while being held captive in the notorious Birnin Gwari forest.

The footage sparked widespread concern among family members, political associates and members of the public who called for urgent intervention to secure their release.

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Despite efforts made during their captivity, both men were reportedly never reunited with their families before their deaths.

The incident has once again drawn attention to the persistent security challenges facing communities across northern Nigeria.

The Birnin Gwari axis, located along the Kaduna-Niger corridor, has become one of the country’s most dangerous regions, with criminal gangs and armed bandits frequently carrying out kidnappings, attacks on villages and other violent crimes.

Residents and stakeholders have repeatedly called on security agencies to intensify operations in the area and dismantle criminal hideouts within the vast forest, which has long served as a sanctuary for armed groups.

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News of the deaths has generated an outpouring of grief on social media, with many Nigerians expressing sadness over the fate of the victims and urging authorities to strengthen efforts against kidnapping and banditry.

Popular social media personality Denglishalhajii also shared the development on Instagram, mourning the victims and drawing attention to the growing insecurity affecting many parts of the region.

The deaths of the former APC chairman and his fellow captive have further underscored the human cost of the country’s security crisis, leaving families, friends and political associates in mourning while raising renewed concerns about the safety of citizens in vulnerable communities.

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Tinubu Seeks Constitutional Backing For State Police, Writes Senate

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President Bola Tinubu has asked the senate to approve a constitutional amendment bill seeking to establish state police across Nigeria as part of efforts to strengthen the country’s security architecture.

The request was contained in a letter dated June 15, 2026, and read on the floor of the senate on Tuesday by Godswill Akpabio.

In the correspondence, Tinubu said the proposed Constitution of the Federal Republic of Nigeria (Alteration) State Police Bill, 2026, seeks to amend the 1999 constitution to provide a legal framework for the creation of state police services.

The president said the bill is designed to address Nigeria’s evolving security challenges by introducing a dual policing structure that would allow both federal and state policing systems to operate within a constitutional framework.

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According to him, the proposal builds on previous legislative efforts by both chambers of the national assembly and contains additional safeguards to ensure effective implementation.

“This bill builds on the significant work already done in this regard by the House of Representatives and the Senate, and incorporates additional safeguards to ensure that the creation of a dual policing structure to address our nation’s evolving national security challenges, will be achieved quickly and effectively to the benefit of all Nigerians,” Tinubu said.

The president described the proposed legislation as a key component of his administration’s broader plan to reform Nigeria’s security system and improve the protection of lives and property.

“The proposed legislation is a critical component of our administration’s strategy to reorganize Nigeria’s security architecture to better protect our citizens, and I’m confident that the Senate will act quickly to consider and pass this bill,” he added.

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Read Also: Amnesty International Demands Immediate Release of Omoyele Sowore, Condemns Detention

Tinubu urged lawmakers to give the proposal expeditious consideration.

Following the reading of the letter, Akpabio referred the bill to the senate committee on constitution review for further legislative action.

The committee was directed to report back to the chamber on the next legislative day.

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