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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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FAAC: FG, States, LGs share N1.424 trillion December 2024 Revenue

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The federation account allocation committee (FAAC) says it shared N1.42 trillion among the three tiers of government in December 2024, noting that Nigeria’s gross statutory revenue declined by 32 percent.

The allocation, which was from a gross total of N2.310 trillion, represents an increase of N300 billion compared to the N1.72 trillion distributed in November.

In a statement on Friday, the ministry of finance said the FAAC announced the disbursements at its December meeting in Abuja, chaired by Wale Edun, minister of finance.

The committee said from distributable amount inclusive of gross statutory revenue, value added tax (VAT), electronic money transfer levy (EMTL), and exchange difference (ED), the federal government received N451 billion, the states received N498 billion, local governments got N361 billion, while the oil producing states received N113.477 billion as derivation, (13 percent of mineral revenue).

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FAAC added that the sum of N84.7 billion was given for the cost of collection, while N801 billion was allocated for transfers, intervention and refunds.

The communique also said the gross revenue available from the VAT for the month of December 2024, was N649.5 billion as against N628.9 billion distributed in the preceding month, resulting in an increase of N20.5 billion.

“From that amount, the sum of N25.982 billion was allocated for the cost of collection and the sum of N18.707 billion given for Transfers, Intervention and Refunds,” FAAC said.

“The remaining sum of N649.561 billion was distributed to the three tiers of government, of which the Federal Government got N90.731 billion, the States received N302.436 billion and Local Government Councils got N211.705 billion.”

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The committee said gross statutory revenue of N1.22 billion received in December was lower than the N1.82 billion received in the previous month by N6.98 million or 32.9 percent.

“From the stated amount, the sum of N57.498 billion was allocated for the cost of collection and a total sum of N782.468 for Transfers, Intervention and Refunds,” the committee added.

“The remaining balance of N386.124 billion was distributed as follows to the three tiers of government: Federal Government got the sum of N167.690 billion, States received N85.055 billion, the sum of N65.574 billion was allocated to LGCs and N67.806 billion was given to Derivation Revenue (13% Mineral producing States).”

Also, N31.2 billion from EMTL was distributed to the federal government (N4.6 billion), states (N15.6 billio), and local governments (N10.9 billion), while N1.3 billion was allocated for the cost of collection.

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In addition, the communique said N402.7 billion from exchange difference was shared with the federal government (N188 billion), states (N95.4 billion), and local governments (N73.5 billion).

The committee said N45.6 billion was given as 13 percent derivation funds.

FAAC said VAT and EMTL increased significantly, while oil and gas royalty, CET levies, excise duty, import duty, petroleum profit tax (PPT) and companies income tax (CIT) decreased considerably.

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Federal Government to transfer N75,000 cash to 70m Nigerians

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The Federal Government has announced plans to distribute N75,000 cash transfers to an estimated 70 million ‘poorest of the poor’ Nigerians by 2025.

This was disclosed by Prof. Nentawe Yilwatda, Minister of Humanitarian Affairs and Poverty Reduction, during his appearance on The Morning Show on Arise Television on Wednesday.

Prof. Yilwatda revealed that the ministry aims to deploy the program across all 36 states of the federation by the end of January 2025, targeting the registration of up to 18.1 million Nigerian households through the National Identity Number (NIN) system.

“We want to deploy by the end of January across 36 states to ensure we start harvesting the NIN number of up to 18.1 million Nigerian households that we need to capture as fast as possible so that we can make payment for them,” the minister said.

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“The target of the president is that we should target 15 million households. And an average household is about 4 to 5. We are discussing here roughly about 70 million households with about N75,000 per person this year,” the minister noted.

The initiative is part of President Bola Tinubu’s directive to address extreme poverty and create a more inclusive social safety net.

Yilwatda noted that each household in the program would have an average of 4 to 5 individuals, translating to a target of roughly 70 million individuals nationwide.

The program will also enhance the digital identities of low-income Nigerians by collaborating with the National Identity Management Commission (NIMC) to increase NIN registrations. According to Yilwatda, this will help streamline the process and ensure the most vulnerable populations are included in the database.

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“We are doing the data capturing, but for now, the poorest of the poor that we have in our data is only 1.4 million with NIN. We are working with NIMC, deploying resources, and conducting training. NIMC has brought in more devices under a program with the World Bank to assist us in data capturing for those without NIN numbers.”

The Minister detailed ongoing efforts, saying, “We are training in some states like Rivers, Kwara, Abuja, and Nasarawa, among others, and deploying to these states in the first round. By the end of January, we want to deploy across the 36 states to start capturing the NIN numbers of up to 18.1 million households. This will enable us to make payments to them for Conditional Cash Transfers.”

The minister emphasized the importance of leveraging technology to make the cash transfer program efficient, transparent, and accountable. He added that digital registration would reduce errors, improve tracking, and ensure that funds are disbursed to those most in need.

On January 12, 2024, President Bola Tinubu suspended all programs managed by the National Social Investment Programme Agency (NSIPA) and the Ministry of Humanitarian Affairs and Poverty Alleviation due to allegations of misappropriation, including those under the direct cash transfer initiative.

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Earlier, on January 8, 2024, President Tinubu had suspended Betta Edu, the Minister of Humanitarian Affairs and Poverty Alleviation, over allegations of funds mismanagement within NSIPA.

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Commander Matuwo Olufokunbi becomes first Nigerian to qualify as Nuclear Engineer in US Navy

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Commander Matuwo Olufokunbi of the United States Navy has made history as the first Nigerian-American to qualify as a nuclear engineer under the prestigious U.S. Navy Nuclear Propulsion Program.

This achievement also marks him as the third Nigerian-born officer to command a U.S. Navy warship.

Fellow Nigerian-born U.S. Navy officer Victor Agunbiade shared the news on his X (formerly Twitter) handle on Thursday. Expressing his joy, Agunbiade wrote, “I celebrate this rare milestone achievement, brother.”

He continued: “Big congratulations to my brother CDR Olufokunbi Matuwo—another Nigeria-born US Navy Commander takes the helm of USS OAK HILL (LSD 51). He is the third Nigeria-born to Command US Navy warship. Proud of you brother!!!

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“This is an extraordinary milestone and chapter in your professional career brother! Wishing you the very best of this Command at Sea tour,” Agunbiade added.

Commander Matuwo I. Olufokunbi, United States Navy, becomes the Third Nigerian-American and First to Qualify as Nuclear Engineer under United States Navy Nuclear Propulsion Program takes Command of a U.S. Navy warship! I celebrate this rare milestone achievement brother! pic.twitter.com/6iYxTMWdGa

The USS Oak Hill (LSD 51) also confirmed Olufokunbi’s appointment as the new commanding officer in a statement released via Facebook on Thursday.

“Today, we bid farewell to CDR Jason Nowell as CDR Matuwo Olufokunbi assumed command of our Nation’s Protector. Please join us in welcoming CDR Olufokunbi to his new role and in thanking CDR Nowell for his steadfast leadership and unwavering dedication to the ship and her crew,” the statement read.

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Olufokunbi’s Navy journey began in January 2001 when he enlisted as an Electronic Technician. He later joined the Seaman to Admiral Program and earned a degree in Electrical Engineering from Old Dominion University in May 2008.

He is a graduate of the Naval Nuclear Propulsion Program, holds JPME Phase 1 qualifications, and has a Master’s degree in Engineering Management from Old Dominion University.

In his distinguished career ashore, Olufokunbi served as the Nuclear Programs Officer at Commander, Navy Recruiting Command, and as the Naval Surface Forces Expeditionary, Amphibious Warfare (AMW), and Mine Warfare (MIW) Warfighting Requirement and Assessment Lead at Commander, Naval Surface Forces, Atlantic.

His military accolades include the Navy Commendation Medal (four awards), Navy Achievement Medal (three awards), and numerous unit, campaign, and service awards.

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