http://odili.net/news/source/2011/jul/26/604.html

Corrupt politicians, officers must be jailed - Obasanjo *5 agencies to face EFCC, ICPC *As Jonathan vows to punish offenders

ANY public officer; be it politician, minister or civil servant who violates the Public Procurement Act (PPA) should be sent to maximum prison, former President Olusegun Obasanjo has recommended,



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just as President Goodluck Jonathan has vowed to punish such offenders.

Obasanjo, speaking, at the opening of the Fourth National Procurement Forum to mark the 10th anniversary of the public procurement reform in Nigeria in Abuja on Monday, said the penalty for such breach should be in tandem with the Public Procurement Act 2007.

The former president, who failed to specify the number of years to be spent by culprits, in prison, said that the Public Procurement Act 2007 was a law which should be taken seriously.

"Like other laws, breaches should earn sanctions as a way of letting people know that we mean business. And those who should protect and defend the law must not be involved in the breach of it.

Otherwise, we may as well forget the touted new era of public procurement. Once sanctions are implemented through imprisonment and why not, or in accordance with other legal prescriptions, it should serve as a deterrent to others. Breaches without sanctions, combinations of culprits and shortcuts are sure ways to kill reforms and make the law useless," the former president said.

Chief Obasanjo, who also promised to support the actions of the BPP to enable it to sustain and improve on the achievements it has recorded thus far, urged the bureau to remain fair, firm and resolute and resist any form of intimidation or inducement in its resolve to enthrone a procurement regime that is open, competitive and cost-efficient and delivers value for money without compromising faster budget implementation.

"You are responsible for the implementation of the Public Procurement Act and will be held responsible for any failure. You must look within to ensure that you guard against internal collusion to undermine the law," he said.

Also speaking, the Director-General of Bureau of Public Procurement (BPP), Mr Emeka Ezeh, declared that the bureau had saved N216.7 billion for 2010.

Ezeh regretted that the bureau was still having challenges, because most of the power brokers that resisted the bureau at inception were still around.

According to him, "most of the greatest challenges that we have is that the powers that resisted the reform, when we started, are still much alive and any opportunity that they have, they will want to bring down the reform. But with dogged support of the government, especially the Federal Government, the bureau has continued to wax from strength to strength. Of course, with the support of civil society organisations we have been able to do the much we can. We have tried to stabilise bidding documents across the nation.

"We have tried to introduce manuals. We have tried to break down the level of impunity that used to attend public procurement in Nigeria by ensuring that anybody who goes against the law will one way or another be brought to his attention first and foremost. As I am talking to you we have about 11 suits against the bureau, two or three have been decided and all of them are in our favour."

Disclosing that others were in various stages, the BPP boss said the bureau had also done a lot of procurement audit which recommended about four or five agencies for further investigation by EFCC and ICPC as the law requires.

He said if the officers were found wanting, they would be prosecuted by the Attorney-General, "because the law authorises the Attorney-General to sue on our behalf."

Meanwhile, President Goodluck Jonathan has vowed that as government works towards the transformation of the country, public officers who violate the public procurement act will be severely dealt with.

He has, therefore, advised the public officers, whether elected or appointed, to study and understand the law, as ignorance would not be accepted as an excuse.

The president, speaking at the opening of the fourth procurement forum organised by the Bureau for Public Procurement (BPP), to mark its 10th anniversary, on Monday, regretted reports of collusion between civil servants and contractors and cases of abandonment of projects after receiving payment.

Represented by the Secretary to the Government of the Federation (SGF), Senator Anyim Pius Anyim, he said "as we all work towards the transformation of this country, I strongly advise all public officers, whether elected or appointed, to study the public procurement act and understand and apply its provisions in the conduct of government business."

He said there would be no sacred cows for any infractions, especially by those responsible for budget implementation at the federal level.

According to Jonathan, "the Federal Government has also received reports of collusion between civil servants and contractors, and cases of contractors abandoning projects after receiving advance payments. There is also the problem of name-dropping in attempts to intimidate officials of BPP."

Furthermore, he said he was aware of the many challenges which the BPP was confronted with, in efforts to implement procurement reforms, noting that "some of them include the tendency by corrupt officials of MDAs to circumvent BPP's guidelines and the Public Procurement Act to satisfy selfish interests.

"Other common challenges which I understand the Bureau is battling with are contract splitting, manipulation of pre-qualification processes and disregard for bidding regulations, payment guidelines, among others."

The president said his administration would continue to sustain and improve on the achievements it had recorded so far, while urging the bureau not to be distracted by unwarranted pressure.

He, however, warned BPP that, as the organ responsible for the implementation of the Public Procurement Act, it would be held responsible for any failure, saying that it must look within, to ensure that it guarded against internal collusion to undermine the law.