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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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Speaker Abbas Urges Alternative Education Funding, Less Reliance on Govt

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…advocate PPP, endowment at ZEDA AGM

By Gloria Ikiba

The Speaker House of Representatives, Rep. Tajudeen Abbas, has emphasised the need for diversified funding sources in Nigeria’s education sector to reduce dependence on government allocations.

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He highlighted Public-Private Partnerships (PPPs) and endowment funds as viable alternatives to sustain and improve education financing.

Speaker Abbas made this call on Saturday during the 31st and 32nd Annual General Meeting of the Zaria Education Development Association (ZEDA) in Zaria, Kaduna State.

He was also honoured by constituents for his contributions to society.

As Chairman of the combined AGM, Abbas encouraged ZEDA to explore various funding opportunities to support educational development.

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The Speaker stated that human capital development remains the cornerstone of our national progress, citing the examples of Japan, Singapore, Switzerland, Taiwan, Luxembourg, Ireland, and Denmark, which have achieved remarkable progress.

He said: “Diversifying funding streams is critical as well. By establishing endowment funds or engaging in public private partnerships, we can reduce our reliance on government funding. Successful models in countries such as Denmark and Ireland have demonstrated that diversified funding can drive long-term, sustainable growth in the education sector”.

“They have done so not by relying solely on natural resources but by investing heavily in education, training, and innovation. Their success is reflected in their high rankings on the Human Development Index and ease of doing business.

“Nigeria, blessed with vast natural resources, must equally prioritise the development of its people to realise its full potential”.
Speaker Tajudeen Abbas underscored Zaria’s long-standing educational legacy, tracing back to the 16th century, as a cornerstone of academic excellence and national development.

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Recognized as home to Ahmadu Bello University and several other institutions, he highlighted Zaria’s vital contributions to Nigeria’s intellectual and professional landscape.

“Our collective history compels us to safeguard and expand this legacy for future generations,” said Abbas, who represents Zaria Federal Constituency. He noted that several new educational initiatives he facilitated would significantly enhance learning opportunities in Kaduna State and beyond.

Among these are a Federal College of Education, a College of Health Sciences, a National Open University of Nigeria campus, and a College of Legal Studies. “Once fully operational, these institutions will drive both educational and socio-economic progress within our community,” he stated.

However, Abbas stressed the need to tackle obstacles hindering educational growth, particularly at the primary and secondary levels, and noted challenges such as out-of-school children, support for learners with special needs, and overall education quality as urgent issues requiring attention.

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He said: “I commend the proactive measures by Governor Uba Sani’s administration in Kaduna State. The efforts have notably reduced the number of out-of-school children through the construction of over 62 new secondary schools, thereby addressing critical infrastructure deficits.

“Looking ahead, it is imperative that ZEDA continuously evolves to meet emerging challenges. Successful models, such as the United Kingdom Education Development Trust and Singapore’s Agency for Science, Technology and Research, have shown the benefits of embracing digital innovation.

“ZEDA should integrate technology in order to transform how we monitor educational outcomes, facilitate virtual training for teachers, and expand access to learning resources. By doing so, we can connect stakeholders, streamline processes, and enhance transparency.”

In the House of Representatives, the Speaker pointed out that the Legislative Agenda is aligned with these priorities.

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He said: “We remain committed to advancing universal basic education, enhancing secondary and technical education, and integrating innovative reforms that address both current and future challenges.”

Speaker Abbas hailed the Grand Patron of ZEDA , His Royal Highness, the Emir of Zazzau, Malam Ahmed Nuhu Bamalli, CFR, LLD, for his “fatherly guidance and unwavering commitment have been a beacon for ZEDA.”

Later, Emir Bamalli thanked the Speaker and other prominent indigenes of Zaria for their developmental strides in the ancient city. The monarch emphasised the importance of ZEDA to Zaria, while seeking more support from stakeholders.

 

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By Gloria Ikiba

The Speaker House of Representatives, Rep. Tajudeen Abbas, has emphasised the need for diversified funding sources in Nigeria’s education sector to reduce dependence on government allocations.

He highlighted Public-Private Partnerships (PPPs) and endowment funds as viable alternatives to sustain and improve education financing.

Speaker Abbas made this call on Saturday during the 31st and 32nd Annual General Meeting of the Zaria Education Development Association (ZEDA) in Zaria, Kaduna State.

Advertisement

He was also honoured by constituents for his contributions to society.

As Chairman of the combined AGM, Abbas encouraged ZEDA to explore various funding opportunities to support educational development.

The Speaker stated that human capital development remains the cornerstone of our national progress, citing the examples of Japan, Singapore, Switzerland, Taiwan, Luxembourg, Ireland, and Denmark, which have achieved remarkable progress.

He said: “Diversifying funding streams is critical as well. By establishing endowment funds or engaging in public private partnerships, we can reduce our reliance on government funding. Successful models in countries such as Denmark and Ireland have demonstrated that diversified funding can drive long-term, sustainable growth in the education sector”.
“They have done so not by relying solely on natural resources but by investing heavily in education, training, and innovation. Their success is reflected in their high rankings on the Human Development Index and ease of doing business.
“Nigeria, blessed with vast natural resources, must equally prioritise the development of its people to realise its full potential”.

Speaker Tajudeen Abbas underscored Zaria’s long-standing educational legacy, tracing back to the 16th century, as a cornerstone of academic excellence and national development.

Advertisement

Recognized as home to Ahmadu Bello University and several other institutions, he highlighted Zaria’s vital contributions to Nigeria’s intellectual and professional landscape.

“Our collective history compels us to safeguard and expand this legacy for future generations,” said Abbas, who represents Zaria Federal Constituency. He noted that several new educational initiatives he facilitated would significantly enhance learning opportunities in Kaduna State and beyond.

Among these are a Federal College of Education, a College of Health Sciences, a National Open University of Nigeria campus, and a College of Legal Studies. “Once fully operational, these institutions will drive both educational and socio-economic progress within our community,” he stated.

However, Abbas stressed the need to tackle obstacles hindering educational growth, particularly at the primary and secondary levels, and noted challenges such as out-of-school children, support for learners with special needs, and overall education quality as urgent issues requiring attention.

Advertisement
He said: “I commend the proactive measures by Governor Uba Sani’s administration in Kaduna State. The efforts have notably reduced the number of out-of-school children through the construction of over 62 new secondary schools, thereby addressing critical infrastructure deficits.
“Looking ahead, it is imperative that ZEDA continuously evolves to meet emerging challenges. Successful models, such as the United Kingdom Education Development Trust and Singapore’s Agency for Science, Technology and Research, have shown the benefits of embracing digital innovation.
“ZEDA should integrate technology in order to transform how we monitor educational outcomes, facilitate virtual training for teachers, and expand access to learning resources. By doing so, we can connect stakeholders, streamline processes, and enhance transparency.”
In the House of Representatives, the Speaker pointed out that the Legislative Agenda is aligned with these priorities.
He said: “We remain committed to advancing universal basic education, enhancing secondary and technical education, and integrating innovative reforms that address both current and future challenges.”
Speaker Abbas hailed the Grand Patron of ZEDA , His Royal Highness, the Emir of Zazzau, Malam Ahmed Nuhu Bamalli, CFR, LLD, for his “fatherly guidance and unwavering commitment have been a beacon for ZEDA.”
Later, Emir Bamalli thanked the Speaker and other prominent indigenes of Zaria for their developmental strides in the ancient city. The monarch emphasised the importance of ZEDA to Zaria, while seeking more support from stakeholders.
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Speaker Abbas Hails Governor Bago @51

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By Gloria Ikibah
The Speaker House of Representatives Rep. Tajudeen Abbas, has congratulated the Governor of Niger State, Hon. Umar Mohammed Bago, on his 51st birthday, saying the governor is a blessing to his people.
In a statement by Speaker Abbas, he commended Governor Bago who is also called the ‘Farmer Governor’ for revolutionising agriculture in Niger State, noted that the impact of the reforms is being felt across Nigeria.
The Speaker specifically hailed Governor Bago for prioritising food production at a time the country is making efforts to diversify the economy from oil.
Speaker Abbas said Governor Bago excelled as a member of the House of Representatives and is presently one of the best performing governors in the country.
He wished Governor Bago many more years on earth, in service to this fatherland, and prayed to Allah to grant him good health and wisdom to continue to manage the affairs of Niger State.
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Betara Celebrates Governor Bago @51

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…commend his leadership qualities, contribution to national development

By Gloria Ikibah

The Chairman House of Representatives’ Committee onthe Federal Capital Territory (FCT), Rep. Muktar Betara has congratulated Governor of Niger State, Mohammed Bago on his 51st birthday.

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Rep. Betara who represents Biu/Bayo/Shani/Kwaya Kusar Federal Constituency of Borno State, in a congratulatory message admitted Governor Bago’s relentless advocacy for Nigerites as well as the meaningful contributions to legislative processes that shaped national development while serving as Member of the House of Representatives.

Thrilled by the leadership qualities of Governor Bago, he applauded various unprecedented developmental projects initiated since his assumption of office in 2023.

He said: “Your Excellency, on this special occasion of your 51st birthday, I extend my heartfelt congratulations and best wishes to you.

“This milestone is a testament to a life dedicated to public service, leadership, and unwavering commitment to the progress of Niger State and Nigeria at large.

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“As the Governor of Niger State, your visionary leadership has continued to inspire hope and transformation across various sectors.

“Your dedication to infrastructural development, education, healthcare, and especially, agriculture, and security has significantly improved the lives of the people, reinforcing your reputation as a leader who prioritises the welfare of his people.

“Your efforts in fostering economic growth and good governance have set a solid foundation for sustainable development in the state.

“Before assuming office as Governor, your impactful tenure as a Member of the House of Representatives was marked by your relentless advocacy for your constituents and meaningful contributions to legislative processes that shaped national development.

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“As you celebrate this new chapter of your life, may you continue to be blessed with wisdom, strength, and good health to steer Niger State toward greater heights. Happy birthday !”

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