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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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Enugu Airport to reopen Monday — FG

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The Federal Government of Nigeria has announced that Akanu Ibiam International Airport in Enugu, Enugu State, will reopen for flight operations on Monday, 28th April 2025, following the completion of emergency runway repairs.

On April 18th, 2025, the Federal Airports Authority of Nigeria (FAAN) announced that, due to a sudden and significant rupture in the asphalt surface at a critical section of the runway, the runway would be shut down for emergency repairs.

According to a statement by Mrs. Obiageli Orah, Director of Public Affairs and Consumer Protection, work was scheduled to begin on April 22nd and conclude before reopening on May 6th, 2025. However, rehabilitation works on the runway have been completed earlier than anticipated, and the runway has been cleared for landings and takeoffs by the engineers working with FAAN.

“FAAN appreciates all airport users and stakeholders for their understanding and cooperation during this time. The Authority sincerely apologises for the inconvenience but assures the public that all actions were taken in the interest of safety,” the statement read.

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COVID-19 Vaccine Killed Pope Francis, says Pastor Oyakhilome

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Pastor Chris Oyakhilome of LoveWorld Incorporated has claimed — without proof — that the COVID-19 vaccine was responsible for the death of Pope Francis.

In a video of a programme held on Thursday, which has since gone viral on YouTube, Oyakhilome alleged that the late Pope had aligned himself with “globalists” by promoting COVID-19 vaccines, a decision he said ultimately led to his death.

“I pointed it out during your LoveWorld Specials,” Oyakhilome said.

“While he was trying to encourage the world to take the vaccines, he stated that if Jesus were here, he would have taken the vaccine, and I found that very insulting.”

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The televangelist went further to claim that the Pope’s stroke, reported as the immediate cause of death, was a result of blood clots triggered by the vaccine. Speaking to his congregation, Oyakhilome asked a medical doctor present whether a blood clot could cause a stroke. After receiving an affirmative response, he asserted: “The vaccine killed the Pope.”

“Blood clots is one of the most common causes of death from the vaccine. He’s not the only one. Many of them who became ill will not tell you. No one is going to tell you he died as a result of the vaccine. I warned you. I warned the world about taking those mRNA vaccines. No vaccine is good, not one of them, and they have never worked; it’s always been a deception,” said Oyakhilome.

“They have these people dying, they won’t tell you the cause. They dress it up. They get sick and they can’t be cured. They get sick and sick and worse and worse until it kills them. For some, very quickly. They call it sudden death syndrome. So, just remember that I warned you.

“This was a very healthy pope, and I told you that once that substance is inside your body, it can’t leave, it doesn’t go away. They have no scientific way to remove it because they never planned to remove it. It was planned for death, to kill as many people around the world. I feel pained that a pope like that would have his life cut short. And many around the world may not know what led to it but I have told you what led to it. It was the vaccine.”

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This is not the first time Pastor Oyakhilome has made unsubstantiated claims about vaccines. Since 2020, he has consistently propagated misinformation about COVID-19 vaccines, despite overwhelming scientific evidence proving their safety and effectiveness.

MEDICAL FACTS AND OFFICIAL STATEMENTS

Contrary to Oyakhilome’s assertions, official information from the Vatican states that Pope Francis was admitted to the Agostino Gemelli Polyclinic Hospital after battling bronchitis for several days. His health deteriorated with a diagnosis of bilateral pneumonia on February 18.

After 38 days of hospital care, the Pope returned to his Vatican residence at Casa Santa Marta, where he died following a stroke and subsequent irreversible cardiac arrest.

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The Vatican, in a statement released Monday, confirmed that Pope Francis died of a cerebral stroke and heart failure.

It is also publicly known that in his youth, Pope Francis underwent surgery to remove part of a lung damaged by a severe respiratory infection, a factor that contributed to his declining health in later years.

In 2021, he was hospitalised for 10 days after intestinal surgery. He was again hospitalised in 2023 for bronchitis treatment and later for abdominal surgery to remove scar tissue and repair a hernia.

OYAKHILOME’S HISTORY OF FALSE CLAIMS

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Since the onset of the COVID-19 pandemic, Oyakhilome has repeatedly made unsubstantiated claims. In 2020, he alleged that the COVID-19 lockdown in Nigeria was orchestrated to install 5G technology in Abuja and Lagos.

“The Federal Government was pushed to lockdown Abuja and Lagos specifically because of 5G,” he said.

“What killed people in Wuhan, China, was not the virus but the 5G.”

Oyakhilome also dismissed the use of face masks to prevent the spread of COVID-19, claiming it was political rather than scientific. He said, “Wearing [masks] is politics, it’s okay. But no one should lie to us [that] it’s science… In fact, scientifically, it’s dangerous to health.”

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UK Tories mull replacing Badenoch as party leader after poor ratings

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Unrest within the United Kingdom’s Conservative Party could see Kemi Badenoch booted out as leader after poll ratings for the party have dipped ahead of next week’s local elections.

The Tories are expected to lose a significant number of seats in the elections.

Polls indicated that Badenoch has performed poorly and focused on the wrong issues in the six months she has served as Tory leader.

More than two dozen members of parliament told Bloomberg that the British-Nigerian is not the right person to take the party into the next general election due by mid-2029.

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Last year, Prime Minister Keir Starmer led the Labour Party to victory, ending 14 years of Conservative rule in the UK.

The Tories, who are looking to make a comeback, believe Badenoch should be replaced with Robert Jenrick, the right-wing shadow justice secretary.

Jenrick has voiced ambitions to unite the right-wing vote and reduce competition from Nigel Farage’s Reform UK, signaling internal challenges putting Badenoch’s leadership under significant pressure.

The decision also comes as Nigel Farage’s right-wing Reform Party has consistently outperformed the Tories in recent polls, threatening to replace them as the main force on the right.

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Badenoch has focused on several issues that critics consider the “wrong” or problematic priorities for the Conservative Party at this time.

She has concentrated heavily on opposing what she terms “left-wing nonsense”, including excessive regulation and identity politics.

Critics say she has failed to demonstrate clear, detailed policy frameworks and has focused instead on broad conservative principles and cultural issues, raising concerns about the party’s ability to present a comprehensive political agenda to voters.

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