If found guilty of allegations of illegally purchasing two armoured BMW cars for N255 million, embattled Minister of Aviation could face a prison term of five years.
Making this disclosure on Wednesday, a member of the House of Representatives, Jumoke Okoya-Thomas said it is part of the country’s laws.
The purchase of the cars is the latest controversy rocking the country’s aviation sector after documents showing the purchase were made public by a whistle-blower. Initially, there were denials, but as the controversy deepened, more secret deals, including the purchase of four limousine cars and jeeps, were further exposed.
Okoya-Thomas, an All Progressives Congress (APC) member from Lagos and Chairman of the Committee on Public Procurement said the sanction is provided in the Public Procurement Act. She also disclosed that all the agencies of government had knowledge of this law and therefore could not claim ignorance.
Though she said she was not pre-empting the outcome of the House probe into the issue, she stressed that the minister has questions before her by the Committee on Public Procurement.
“Section 58 (5) of the Public Procurement Act states that ‘Any persons, who, while carrying out his duties as an officer of the Bureau or any procuring entity who contravenes any provision of this Act, commits an offense and is liable to a conviction of cumulative punishment of (a) a term of imprisonment of not less than five calendar years without any option of fines and (b) summary dismissal from government services,” she said.
“I did not put this law there, but the will to implement it is key to sanity in this country and check excesses. Argument of lease purchase does not hold as long as they are going to pay with public funds and to say that NCAA is within the threshold makes it look like splitting the budget, which is another case on its own under the Procurement law.
“Our committee has the responsibility to oversight BPP and since the core objective of public procurement is to ascertain value for money, we have been having issues with the Ministry of Aviation and agencies under it for sometimes now.
“It might interest you to know that we have issued out not less than 12 invitations to the minister of aviation but she has not deemed it fit to respond even for once. She has always been giving us one excuse or the other
“Apart from the fact that there are issues on the rehabilitation of airports around the country over issues of value for money, which Nigerians are not getting, if she had taken her time to honour our invitation, maybe she would have been able to avoid this issue of threshold.
“What these heads of agencies don’t realize is that when we send out letters like that, it isn’t to intimidate or witch-hunt them but to rub minds and enlighten them on the nitty-gritty of the provisions of the Procurement laws.
“If she had been honouring our invitations, by now a lot of things would have been known to her and she would not be finding herself in this situation. When we invite these ministers, my advice is that they should not see it as a personal thing but a way of forging a working relationship.”
Blaming the Presidency for deliberately weakening the Bureau of Public Procurement and disobeying the Procurement Law concerning the establishment of the Bureau’s Board, she stressed that the issue of the constitution of the Board of BPP is embarrassing, as it has not been constituted till date.
“Sometimes, we need the cooperation of the Executive. When we go out there, we want people to adhere to the provisions of the law. The impropriety that we are witnessing in this country is embarrassing to the nation; and if you don’t take care of a particular aspect of the law but go ahead and implement another aspect, it means you do not wish the law to succeed or be effective.
“The law must be implemented holistically for sanity to prevail in a nation. We have pushed for the implementation of that particular clause along the other parts they are implementing but they are not willing to apply that particular clause.
“We are pushing for the implementation of the Council of Board as contained in the Act but if they are not doing it, then they have their reasons; not that we are not doing anything about it.
“The job of the Board is to formulate policies for the agency and the DG is the Secretary of the Board but the idea is that more people will be able to contribute better than just one or two people especially, when we are talking about trillions of naira of appropriated funds.
“Even the BPP cannot capture all the agencies in this country because they do not have the technological capacity to do so, they do not have the software I am talking about. So, if we really want to beat corruption in our procurement sector, then we must have the will to put in place those things that are necessary to facilitate investigation, which I believe we are lacking.
“Ministry of Finance is able to do its work excellently just because they have the capacity and the facilities that simplify their job. I believe BPP needs assistance in that direction but the point is, if the BPP is not aware of procurement going on in such places, and being the agency feeding us with information, then there is no way we, as a committee, can.”
