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Understanding The Ethics Of Public Procurement

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Speech presented at the second phase of National Sensitisation and Enlightenment Programme on the Public Procurement Act 2007 In Port Harcourt

This sensitisation season marks another phase of our efforts at creating awareness amongst the citizenry on the principles and importance of public procurement. We made progress in this regard last year and we are continuing this year. It is important to continue to tell our people what we need to gain by following procedures in public contracting, so that we can make the much desired social, economic and political progress. I am optimistic, like I do know many of you are that we shall sooner than later take Nigeria to the promised land.

Let me, however, tell again how we got to where we are, so that we can understand the present and probably interpret the future. The Bureau of Public Procurement (BPP) was established in 2007 following the signing into law of its enabling act by President Umar Musa Yar’Adua. It was the first act to be signed into law by the new president. The Bureau developed through the former office of Budget Monitoring and Price Intelligence Unit (BMPIU), established in 2001 by the former President Olusegun Obasanjo.

The bureau emerged because of the need to check the open abuse of rules and standards in the award and execution of public contracts in Nigeria. The abuses were evident in over-invoicing, inflation of contract costs, proliferation of white-elephant projects and diversion of public funds through all kinds of manipulations of the contract system. The implication of these lapses in the country’s procurement system over the years was the abandonment of governments projects after large sums of money have been paid out to contractors from public funds. Above all, it brought about endemic corruption, poor service delivery, poverty and denial of social amenities to the people.

The vision of the BPP is to restore transparency, competition, competence, integrity and value for money in the award and execution of public contracts in Nigeria. The BPP, therefore, implements a Procurement Reform Agenda that uses what can be called a Due Process Mechanism to restore and maintain openness, competition, budgetary discipline, optimal costs and efficient projects implementation in a planned and coordinated framework.

The BPP has long being involved in several sensitisation efforts across the country. With the support of the WorId Bank Economic Reform and Governance (ERGP) project, the bureau, has been educating the Nigerian populace on the importance of implementing best procurement practices. There have been and would continue to be newspaper adverts, journal publications, Radio and TV jingles on the activities of the bureau and on details of the public procurement act. The bureau has also been organising conferences so the nation can expand their understanding of the ethics of public procurement. One such conference, an international one, was recently held between June 29th and 30th in Abuja. It was attended by resource persons from across sections of the world and it afforded us an opportunity to compare notes with other countries, so that we can benefit from their procurement experiences and they might also gain from us. The sensitisation, education and public awareness processes are continuing in the interest of establishing best procurement practices consciousness amongst the citizenry. This would eventually lead to a change in attitude and then an attendant development of the countries’ institutions.

For the bureau to achieve its objectives, it has been consistent in insisting on the need for probity, transparency and accountability within its management. The leadership has often emphasised the need to show example by ensuring that what is preached is implemented in the bureau. The bureau’s officials have often been educated on the need not to compromise their integrity in the course of their duties. The bureau hopes to achieve its aim through ensuring forthrightness in its activities and through constant training and retraining of its staff.

As a new policy, the implementation of the Procurement reforms has continued to generate fears, debates and concerns in some quarters. Experience has showed that there are some elites who have a good understanding of what the bureau stands for and are, therefore, ready to help it work. There are also those who genuinely do not understand its modus operandi, which is why the bureau has been painstaking in sensitisation and in creating awareness.

At the same time, there are beneficiaries of the old order, who understands the multiple benefits of the public procurement reform policy but deliberately and out of self and narrow interest, choose to misinform, misrepresent, vilify and condemn the genuine intentions of government with the goal of frustrating the idea. Some politicians are also unrelenting in trying to prevent the proper operations of the bureau, but we have been sustained by the determination of the President Umar Yar’Adua’s anti-­corruption stand and are assured of the need to steady our gait in falling in line.

The bureau has commenced its constitutional responsibility to ensure that all the provisions of the Public Procurement Act are strictly followed in the award and execution of all government contracts. Intensive public enlightenment campaigns on procedures in contract award and execution by MDAs and the role of stakeholders including contractors, consultants and, the general public are ongoing through the BPP jingles on radio and television stations. The bureau’s audit monitoring of the budget as constitutionally guaranteed, is also ongoing as part of a holistic attempt at ensuring a successful fiscal policy.

Other than that, the bureau is presently organising workshops for stakeholders in different government ministries and departments. The first was held July 27th and 28th for procurement personnel in the Federal Ministry of Works and- Housing. It is continuing as it would also be done for other ministries. Once again, I welcome us all and wish us all successful interactive session.

Eze is the Director-General, Bureau of Public Procurement (BPP)

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Electricity: Bands BCDE Suffer No Power

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As DisCos struggle to meet the required 20 hours power supply to “Band A” customers following shortage of gas which has hindered power generation since January, customers on Bands B, C, D, and E are left with no light, according to The Tide’s source.
The source learnt that the distribution companies were concentrating more on the Band A customers to keep their Band A feeders from being downgraded.
Band A customers enjoy a minimum of 20 hours of electricity daily.
On April 3, the Nigerian Electricity Regulatory Commission announced that subsidies would no longer be paid for the electricity consumed by Band A customers.
The electricity tariff for Band A customers was revised upward from N68 per kilowatt-hour to N255/KWh.
1 kWh is the amount of energy that could be used if a 1,000-watt appliance is kept running for an hour. For example, a 100-watt light bulb operating for 10 hours would use 1 kWh.
After the power subsidy was removed, the NERC directed the 11 DisCos to release their lists of Band A customers, who must get at least a 20-hour supply daily.
The regulator and the Minister of Power, Adebayo Adelabu, emphasised that there would be sanctions should the distribution companies fail to supply Band A customers with 20 hours of electricity.
The DisCos were also mandated to inform customers whenever they failed to meet the required minimum service level.
NERC said where a DisCo failed to deliver on the committed level of service on a Band A feeder for two consecutive days, the DisCo should, by 10 am the next day, publish on its website an explanation of the reasons for the failure and update the affected customers on the timeline for restoration of service to the committed level.
It stated that if a customer’s service level improves to at least 20 hours, they should be upgraded from lower service bands to Band A, adding that if the DisCo fails to meet the committed service level to a Band A feeder for seven consecutive days, the feeder will be downgraded to the recorded level of supply by the applicable framework.
In their efforts to meet up with the service level, the source gathered that some of the DisCos were gradually resorting to diverting the little allocation they get to the Band A customers.
This is in spite of the fact that the gas constraints that have hindered power generation since the beginning of the year have yet to be addressed.
Many communities said they could not boast 30 hours of power supply since January, a development the government blamed on the refusal of gas companies to supply gas to power-generating companies due to heavy debt.
Recall that recently, the IBEDC spokesperson, Busolami Tunwase, explained that, “One of the primary factors is the low supply of gas to generating companies, which has led to a gradual decrease in available generation on the grid.

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‘Inappropriate Insider Dealing’ Earns Julius Berger NGX Sanction

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Authorities at the Nigerian Exchange (NGX) have sanctioned Julius Berger Nigeria (JBN) Plc for engaging in inappropriate insider dealing in shares.
According to a document obtained by The Tide’s source, JBN, Nigeria’s leading construction company, was sanctioned for “insider dealing during closed period”.
Incorporated in 1970, Julius Berger, Nigeria, which was incorporated in 1970, became a publicly quoted company in 1991 and has more than 10,000 shareholders.
NGX Regulatory Company (NGX RegCo), the self regulatory organisation (SRO) that regulates activities at the NGX, stated that JBN breached certain provisions of the listing rules and was thus sanctioned accordingly.
According to NGX RegCo, JBN violated provisions on “closed period”, in breach of the construction company’s commitment to adhere to listing rules and standards.
The NGX had tightened its rules and regulations to checkmate boardroom intrigues and block information arbitrage that tend to confer advantages on companies’ directors.
The amendments expanded the scope and authority of corporate financial reporting while eliminating gaps that allowed companies to sidetrack relevant rules in stage-managing corporate compliance.
The enhanced framework provided clarity and greater disclosures on directors’ trading in shares, corporate liability for accuracy and compliance of financial statement, dissuade bogus dividend payment and other sundry boardroom’s maneuverings that tend to favour insiders.
The amendments came on the heels of noticeable increase in violations of rules on ‘closed period’, a period when directors are banned from trading in the shares of their companies.
Rule 17.17 of the NGX disallows insiders and their connected persons from trading in the shares or bonds of their companies during the ‘closed period’ or any period during which trading is restricted.
This period is mostly at a period of sensitive material information, like prior knowledge of financials, dividends or major corporate changes, which places directors and other insiders at advantage above other general and retail investors.
A review of the disclosure violations at the stock market had shown that all violations in 2021 were related to violation of Rule 17.17 on ‘closed period’.
Under the amendments, in addition to the provisions of relevant accounting standards, laws, rules and requirements regarding preparation of financial statements, companies are now required to include several specific declarations on securities transactions by directors, changes in shareholding structure, self-assessment on compliance with corporate governance standards and internal code for directors on securities transactions among others.

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Nigerian Breweries To Suspend Operations In Two Plants

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Nigerian Breweries Plc says it is planning for a company-wide reorganisation which include the temporary suspension of operations in two of its nine breweries.
It said this is part of a company-wide reorganisation as part of a strategic recovery plan  aimed at securing a resilient and sustainable future for its stakeholders.
The Business Recovery Plan includes a rights issue and a company-wide reorganisation exercise which includes temporary suspension of two of its nine breweries and an optimisation of production capacity in the other seven breweries, some of which have received significant capital investment in recent years.
These measures include relocating and redistributing employees to the remaining seven breweries and offering support and severance packages to those that become unavoidably affected.
The company said this move is essential to improve its operational efficiency, financial stability and enhance a return of the business to profitability, in the face of the persistently challenging business environment.
In letters signed by the company’s Human Resource Director, Grace Omo-Lamai, and addressed to the leadership of the National Union of Food, Beverage & Tobacco Employees (NUFBTE) and the Food Beverage and Tobacco Senior Staff Association (FOBTOB), the company informed both unions that its proposed plan would include operational efficiency measures and a company-wide reorganisation that includes the temporary suspension of operations in two of its nine breweries.
As a result, and in accordance with labour requirements, the company invited the unions to discussions on the implications of the proposed measures.
Recall that the company recently notified the Nigerian Exchange Group (NGX) of its plan to raise capital of up to N600 billion by way of a rights issue, as a means of restoring the company’s balance sheet to a healthy position following the net finance expenses of N189 billion recorded in 2023 driven mainly by a foreign exchange loss of N153 billion resulting from the devaluation of the naira.
Speaking on these developments, the Managing Director/CEO, Nigerian Breweries, Hans Essaadi, described the business recovery plan as strategic and vital for business continuity.

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