Secretary to the Government of the Federation (SGF), George Akume, has been criticised for a circular entitled, ‘Operationalisation and Development of Federal Government Contract Administration System (FCAS) for Ministries, departments and Agencies (MDAs)’ that emanated from his office.
National Coordinator, Procurement Observation and Advocacy Initiative Mohammed Attah, described the circular as a clear violation of existing law on contract management and administration.
In a statement made available to The Guardian, yesterday, the procurement professional noted that the Bureau of Public Procurement (BPP) was established by Act No. 14 of 2007 to oversee contracts implementation, including the issuance of ‘No Objection Certificates’ to or for contracts.
Attah’s statement reads: “The circular did not only undermine and usurp the statutory roles and responsibilities of BPP, it also potentially put the office of the Attorney-General of the Federation and Minister of Justice in an illegal engagement.
“Advising all MDAs to direct inquiries and clarifications on FCAS through the office of the AGF, via a special unit, the government has only succeeded in exposing the office to illegalities, contradictions and legal tussles that the SGFs seek to avoid.”
According to Attah, while the Office of the SGF, AGF and BPP have statutory roles in contract award and implementation, the AGF cannot be seen to play the role of a party or be a judge in the process.
He stated: “The role of the AGF in procurement or contract administration is limited to interpretation, defence and prosecution of contract issues or cases. The office, in this case, cannot be a party to the process and be a judge at the same time, in the case of any legal challenge.
“Section 7 of the Public Procurement Act (PPA) 2007 specifically mandates the BPP to oversight and advise on contract implementation in the public sector, and this includes ensuring that contract approvals at the level of threshold by the Federal Executive Council (FEC) and all MDAs meet certain criteria to qualify for ‘No Objection Certificates’.
The circular from the SGF is unfortunate because it is an act of disobedience to the very law the office is meant to protect.”
