Opinion: Public Procurement, Good Governance, And The Imperative For Vigilant Civil Society Action: A Call To Action By Okoye, Chuka Peter

In every organized society, public procurement is the process by which governments acquire goods, services, and works. It is one of the primary vehicles for service delivery and development. It is also the channel through which taxpayers’ resources are converted into the infrastructures (hospitals, schools, water systems) and public services that define a nation’s quality of life. Accordingly, public procurement must be transparent, competitive, and fair.

In Nigeria, the principal legal framework guiding this process is the Public Procurement Act, 2007 (hereinafter referred to as “the Act”). The Act was established to curb corruption, promote competition, ensure value for money, and enhance citizen confidence in the use of public funds.

Yet, despite the lofty aims of this legislation, my experience, particularly in Abia State, has shown a disturbing deviation from its spirit and letter. I have witnessed firsthand, as a Programme Officer to CHARS-Africa under a RoLAC-II Programme, the fierce resistance that transparency initiatives encounter, the threats civil society groups face, and the coordinated efforts by political jobbers to suppress accountability.

This article will set out, in simple but firm terms, what the Public Procurement Act demands, why it is essential, what penalties attach to its violation, and why the culture of secrecy in procurement must be challenged if democracy is to survive.

THE PUBLIC PROCUREMENT ACT: WHAT IT MEANS AND WHY IT MATTERS
The Public Procurement Act, 2007, established the Bureau of Public Procurement (BPP) to regulate procurement standards across Ministries, Departments, and Agencies (MDAs) of the Federal Government. Many states, including Abia, have passed similar laws to regulate their procurement processes.

The overarching objectives of the Act are:

1. Transparency: All procurement must be open and publicized.
2. Competition: Every qualified contractor or supplier must have a fair chance to participate.
3. Accountability: Every kobo spent must be traceable and justifiable.
4. Efficiency: Public funds must secure the best value.

Public procurement is not merely a bureaucratic procedure; it is a fundamental instrument for promoting good governance, eradicating poverty, stimulating economic development, and curbing corruption.

KEY PROVISIONS EVERYONE MUST KNOW
Certain provisions of the Public Procurement Act are particularly critical for citizens and CSOs to monitor:

1. Section 16(1)(b): Procurement must be conducted in a manner that is “transparent, timely and equitable.”
2. Section 24: Every procuring entity must publish invitations to bid in national newspapers and procurement journals.
3. Section 25(2): Clear criteria must be set out in bid solicitation documents, and evaluations must be based solely on those criteria.
4. Section 33: Contracts must be awarded to the lowest evaluated responsive bidder, not merely the lowest bidder.
5. Section 58: Any person who contravenes the Act commits an offence and is liable on conviction to a term of imprisonment of not less than 5 years without option of fine.

The Act criminalizes, among other infractions:

1. Splitting contracts to avoid thresholds (Section 58(4)(d))
2. Collusion between contractors and officials (Section 58(4)(c))
3. Inflating contract costs (Section 58(4)(a))

PUBLIC PROCUREMENT COMMITTEES AND CIVIL SOCIETY PARTICIPATION
Importantly, the Act recognizes and mandates civil society involvement. Section 19(e) provides that procurement committees must include representatives of professional bodies and civil society organizations to monitor compliance.

This provision is crucial because it opens procurement processes to independent scrutiny. However, it is precisely this transparency mechanism that has drawn fear and hostility from entrenched interests.

In my recent experience with CHARS-Africa’s RoLAC-supported project, which focused on strengthening key legislative frameworks for good governance in Abia State, it became abundantly clear how allergic some officials are to scrutiny.

CHARS-Africa organized awareness campaigns to educate citizens and stakeholders about their right to demand transparent procurement practices. These initiatives were supported by RoLAC (Rule of Law and Anti-Corruption Programme), a programme duly approved and facilitated by the Abia State Government under the leadership of His Excellency, Dr. Alex Otti, OFR.

Nevertheless, some political jobbers, acting out of ignorance or mischief, launched diverse forms of attacks against CHARS-Africa. Threats were issued. Attempts were made to discredit the organization, all because it dared to remind the people and the government that procurement is a public, not a private, affair.

These reactions exposed an uncomfortable truth: many who occupy public offices perceive accountability as a threat rather than a duty.

WHY LEADERS FEAR TRANSPARENCY
The fear that leaders exhibit when faced with demands for procurement openness is not irrational. It is deeply rational if one considers the implications. Proper enforcement of procurement laws would mean:

1. Exposing insider dealings.
2. Canceling fraudulent contracts.
3. Punishing violators with jail terms.
4. Dismantling networks of political patronage.

In a system where a few individuals act as contractors, regulators, and supervisors simultaneously, procurement transparency is nothing short of a revolutionary demand.

It is no surprise, therefore, that even legitimate projects like the RoLAC intervention, which simply sought to strengthen laws and processes for better governance, provoked hostility.

URGENT NEED FOR REFORM
Despite the existence of a Public Procurement Law in many states including Abia, the implementation remains largely theoretical. Open competitive biddings are rare. E-Procurement Portals, although launched, are often inaccessible or underutilized. Invitations to bid are frequently issued selectively. Procurement committees are populated with political appointees rather than independent experts or civil society members.

It is important to commend initiatives like the World Bank’s State Fiscal Transparency, Accountability and Sustainability (SFTAS) Programme, which encouraged states to adopt Open Government Partnership (OGP) principles. It was under the auspices of such global standards that many states, including Abia, domesticated the Public Procurement Act and established e-procurement portals and frameworks for quarterly publication of audit reports.

However, the spirit of these reforms must not be allowed to die on paper. In reality, audit reports are still largely inaccessible. Requests for information under the Freedom of Information Act are often ignored. Genuine private contractors are discouraged, knowing they cannot compete against politically connected “companies” with no real operational capacity.

The consequences are visible:

1. Incomplete or abandoned projects.
2. Inflated contract sums.
3. Lack of basic services despite budgetary allocations.

Unless urgent, deep-rooted reforms are undertaken, rooted in both law and practical enforcement, our governance system risks institutionalizing a culture of impunity that will take generations to undo.

CONCLUSION: A CALL TO ACTION
The Public Procurement Act was not enacted for decoration. It is a binding law aimed at ensuring that government procurement works for the people, not for a greedy few.

Civil society and the media must continue to advocate for:

• Full compliance with procurement laws;
• Mandatory inclusion of genuine CSOs, media and independent observers in procurement processes;
• Publication and accessibility of procurement plans, contract awards, and audit reports;
• Swift and certain punishment of violators.

Political leaders across the country must remember: accountability is not optional; it is a democratic ingredient, it is constitutional and a legal duty. Good governance thrives where transparency, fairness, and public participation are upheld, not where they are suppressed.

Furthermore, there is an urgent need for reform so as to bring about an autochthonous Public Procurement Law by adapting it to present realities of local communities.

Provisions must be strengthened to reflect technological advancements, close operational loopholes, and increase citizen participation at all levels and sectors in procurement oversight.

In a broader national sense, civil society must remain vigilant, for democracy itself is on trial. It is not enough to vote at elections; we must demand accountability daily, insist on integrity in spending, and expose all acts of procurement fraud wherever they are found.

In closing, it is pertinent to commend the current administration of Abia State, especially His Excellency, Dr. Alex Otti, OFR, the Executive Governor, for his remarkable administrative foresight and genuine desire for good governance, as demonstrated by facilitating Abia’s inclusion in the RoLAC II Programme. It is our earnest hope that the Governor will continue on this laudable trajectory, upholding the rule of law, strengthening accountability frameworks, and expedite actions on the suggestions herein provided for the benefit of all Abians.

As Justice Louis Brandeis famously said, “Sunlight is the best disinfectant.” Let us insist on shining light into the dark corners of public procurement—before it is too late.

Okoye, Chuka Peter, is a Civil Rights Activist