This is one of those occasions where obedience to illegality can never exonerate the loyal follower, no; this article is not about the regime of former President Jonathan rather about the current Minister of Sports, Mr. Solomon Dalung. However, a summary of the actions of the past regime simply suggests that a certain individual distributes the country’s resources at will without recourse to Public Procurement Act 2007 (PPA) that specifies how the country’s financial resources ought to be spent prudently.
Mr. Dalung actions so far breached the PPA under the penalty provision of section 58 (5 years minimum jail term) based on reports on Channels TV where, he indicated that the Sports Ministry engaged the services of Angie Taylor and Eric Campbell. The concern about the two individuals will become clearer in this article.
PPA says that, it applies to all procurement of goods and services by the Federal Government of Nigeria and all procurement entities. Section 18 demands that the Minister or his staff plan all procurement by preparing need assessment and obtain economy of scale along with reduced costs within the federal budget. Section 16 requires a competitive bidding on all procurements. It is clear that the Minister is not interested in compliance with any of such provisions. It was alleged, however, that his actions were based on superiority complex over his Director General Mr. AlHassan Yakmut position to follow the PPA. It is immaterial, what Mr. Dalung motivation is, the law is there to follow.
Section 16(c) “by open competitive bidding ;”
Section 18(a)” preparing the needs assessment and evaluation;
(b) identifying the goods, works or services required;
(c) carrying appropriate market and statistical surveys and on that basis
prepare analysis of the cost implications of the proposed procurement ;
(d) aggregating its requirements whenever possible, both within the
procurement entity and between procuring entities, to obtain economy of
scale and reduce procurement cost”
Section 19 requires that the Minister advertised and invite two credible persons as observers in all procurements. This requirement was never met, in fact the Minister engaged Ms. Taylor and Mr. Campbell to perform such services, knowing fully well that his predecessor Minister Bolaji Abdullahi, Ms. Taylor and Mr. Campbell are all facing petition for taking such action under former President Regime.
Section 19(a) “advertise and solicit for bids in adherence to this Act and guidelines as may be issued by the Bureau from time to time;
(b) to invite two credible persons as observers in every procurement process one person each representing a recognized ;”
Mr. Dalung has yet to advertise any open vacancy either as an employee or consultant for any position at the Ministry of Sports. Even if the Minister says, he employed those persons rather as an employee, then his actions cannot stand because, those individuals are foreign persons who are not qualified or experientially and academically superior to many Nigerians interested in the lofty posts to be at the rank of a Director in Federal Civil Service. Notwithstanding, only Federal Senior Civil Service Commission or the President can hire anyone as senior Federal Civil Servant. None of those individuals earned a Master degree in any subject relevant to the position they are hired. Quite frankly, Nigerians with better qualifications and experience with Olympics Games medals as athletes and Coaches are available. The Ministry of Interior has rules concerning hiring aliens where Nigerians can perform such services and those rules cannot be breached by the Sports Minister. Therefore, the Minister cannot hire them as employees, either.
Furthermore, these positions or functions cannot be such of emergency that willing and better qualified Nigeria’s International Coaches like Innocent Egbunike and Pat Itanyi cannot perform even on 24 hours’ notice. Therefore, Mr. Dalung cannot rely on out clause of sections 42-43 of PPA.
For purpose of this article and Part 2, Nigerian Coaches abroad will supply their CV for comparison with those that the Minister is risking jail terms for, watch out.
Way forward
Mr. Dalung you must reverse the engagement of Angie Taylor and Eric Campbell immediately because your actions in engaging them is contrary to the Public Procurement Act 2007. Part 2 of this article will expose the qualifications of Eric Taylor and Angie Taylor.
I rest
Dr. Rashid A. Balogun, CPA, PhD, LLB(Hons.), LLM(London)
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