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Budget Padding: NEFGAD Threatens Court Action, Says it’s a Grave Procurement Infraction
Budget Padding: NEFGAD Threatens Court Action, Says it’s a Grave Procurement Infraction
By: Michael Mike
The Network for the Actualization of Social Growth and Viable Development (NEFGAD) a public procurement advocacy group has issued pre-action notice to the Federal Government and National Assembly over issue of Budget interference by the National Assembly.
The group made this known in a letter signed by its head of office, Mr Akingunola Omoniyi and sent to President Bola Tinubu, Senate President Godswill Akpabio and Speaker, House of Representatives, Rt Hon Tajudeen Abbas.
Omoniyi argued that projects initiation by lawmakers is beyond the legislative powers of the National Assembly as outlined in the Nigerian constitution and the Public Procurement Act 2007.
He said that: ‘’The power to initiate any procurement proceeding is purely an executive function and lays with procuring entities/ministerial and extra-ministerial procurement committees and such must be conducted strictly in line with section 18 (a, b, c d, e, f and g) of the Public Procurement Act 2007 which mandates procuring entities to engage in planning of procurement in order to prepare the needs assessment and evaluation; identifying the goods/works or services required; carrying appropriate market and statistical surveys; and on the basis prepare an analysis of the cost implications of the proposed procurement; aggregate its requirements wherever possible/both within the procuring entities to obtain economy of scale to reduce procurement cost; and ensuring that the procurement entity functions as stipulated to be carried out by the procurement planning committee’’.
Mr Omoniyi stressed that ‘’the spirit and letter of the Public Procurement Act underscores the need to organize public procurement in a manner that ensures economy of scale, guide against undue interference and by ensuring that the process maintain high level of proven system scrutiny and integrity. Hence, any project/procurement item that does not satisfy legally outlined planning and organizational criteria (as in the case of constituency projects which are inserted midway into public procurement proceeding by the National Assembly) is utterly defective’’
He frowned at the usual practice of the National Assembly to upwardly/downwardly review budget estimates during Budget presentations/defense saying it is improper and unlawful, being that the appropriation bill is an executive bill and all procurement items are assumed to have passed through due and highly technical process of procurement assessment; evaluation; market and survey/price intelligence among others as enshrined in the PPA. Hence, any cost/project anomalies observed becomes an indictment on the procurement planning committees saddled with the projects costing responsibilities, he said such cannot be corrected overnight by the National Assembly right at the hallow chamber.
He however posited that incase of possible errors/inadequacies in the budgetary allocations, the National Assembly can return the entire appropriation bill to the president who will make necessary corrections/amendments through the procuring entities/procurement planning committees and represent to the National Assembly for reconsideration.
Omoniyi said: ‘’The legislative power of the National Assembly is to make laws, and such power in itself is not without limit, particularly on public procurement. The power had been sufficiently exercised by the enactment of the extant Public Procurement Act 2007 hence, any conduct of the National Assembly on public contracts outside of the extant public procurement Act/regulations amounts to abuse of power/over-legislation.’’.
Budget Padding: NEFGAD Threatens Court Action, Says it’s a Grave Procurement Infraction
NBMA Debunks Allegations of Negligence, Compromise Against It
By: Michael Mike
The Director General and Chief Executive Officer (DG/CEO) of the National Biosafety Management Agency (NBMA), Dr. Yemisi Asagbra debunked some allegations level against the agency by some non governmental organisations (NGOs) concerning negligence and compromise.
Speaking during a press briefing in Abuja on Friday, Asagbra said: “The negative statements circulating are misleading and lack credible scientific backing. The agency asks these organisations to present verifiable scientific evidence for their claims and we relies on sound scientific research and internationally recognized protocols to make informed decisions. It is part of the Cartagena Protocol with over 180 parties, our mandate is to protect the health of Nigerians and the environment. It will not compromise on this as it is an agency of integrity.
She added that: “The agency is transparent and accountable in its operations. It invites review of its processes and rigorous evaluations of GMO products. We are confident in our procedures that it’s meet global standards and it is a leader in effective regulation in Africa”.
On the source of the allegations, she said “over the years they have been advocating to have their presence in the board where all these products coming will be thoroughly Investigated, but it hasn’t been given. Most times we rely on the information given by Nigeria Custom Service to furnish them with needed information, which most time is not always easy if they have other things doing.
The Head planning, research and statistics National Biosafety Management Agency Mrs. Bello Scholastica said the agency is concerned with safety to our health and safety to our environment.
She further reiterated that what NBMA stands for is to establish first regulation from identification of the gene of interest, “of what you are interested in, from then till commercialization, and even after commercialization, they still follow suit to make sure that the approvals they gave hasn’t caused any harm, or those that were given approval to that they stay put to what they were asked to do”.
She further explained that the agency has put in effort to promote environmental conservation and biosafety in Nigeria.
NBMA Debunks Allegations of Negligence, Compromise Against It
House of Reps Assures on Passage of Human Rights Defenders Bill
By: Michael Mike
The House of Representatives has revealed that it is interested in the passage of the Human Rights Defenders Bill into law, saying that the bill has already passed the first reading and will soon be subjected to second reading.
The House also promised to take the necessary steps to ensure an improvement in the 2025 budget of the NHRC, pointing out that the N5 billion approved for it in the 2024 budget is inadequate considering the myriad of human rights violations in the country.
The Chairman House Committee on Human Rights, Hon. Abiola Makinde made this disclosure during the oversight visit of Committee to the National Human Rights Commission (NHRC).
The Chairman, who was represented at the occasion by his Deputy, Hon. Mudashiru Lukeman assured the NHRC that the Committee would continue to advance the course of human rights in Nigeria by ensuring that the House of Representatives passes critical bills on human rights issues as well as makes adequate budgetary provisions to ease the work of the Commission.
Makinde also stated that in a bid to improve some aspects of Civil and Political Rights, the House of Representatives had ensured the establishment of human rights desks in all police formations and Headquarters across the 36 States of the Federation.
Earlier, the Executive Secretary of the NHRC, Dr. Tony Ojukwu who received the lawmakers with his management staff told the Human Rights Committee that the Commission relies heavily on them for the enactment of human rights friendly laws and enhanced budgetary provisions to discharge it broad mandate of promotion, protection and enforcement of human rights in the country.
He used the opportunity to commend the legislators for their role in the amendment of the NHRC Act 2010 as well as the support of the Speaker of the House of Representatives, Hon. Femi Gbajabiamila in the payment of compensation to victims of human rights violations by the Special Anti-Robbery Squad (SARS) unit of the Nigeria Police Force.
He equally informed the legislators who were on oversight visit about the recent report released by the Commission following the findings of the Special Independent Investigative Panel on Human Rights Violations in Counter-Insurgency Operations in the North East Nigeria , which he noted has saved the country from possible invitation by the International Criminal Court (ICC).
He noted that the aforementioned wide spread allegations of human rights infractions against some government institutions could result in the ICC extending invitations to some of the leaders to respond to the allegations, but the Commission has done the needful in compliance with the international principles of omplementarity.
He thanked the Committee for promising to improve the budgetary allocation of the Commission in the 2025 fiscal year.
House of Reps Assures on Passage of Human Rights Defenders Bill
FG Confirms Arrest of Simon Ekpa
By: Michael Mike
The arrest of Biafra agitator, Simon Ekpa in Finland has been confirmed by the federal government.
A statement on Friday by the Ministry of Foreign Affairs stated that the Nigerian-Finnish citizen and prominent leader of the proscribed Indigenous People
of Biafra (IPOB), was arrested by Finnish authorities on Thursday.
According to the statement, Ekpa was
charged with inciting terrorism and promoting violence.
The Finnish District Court of
Päijät-Häme ruled to detain him on probable cause for publicly inciting crimes with terrorist intent.
The Finnish authorities alleged that Mr. Ekpa used social media platforms to spread
separatist propaganda, incite violence and encourage illegal actions, which had caused
significant disruptions in the South-East of Nigeria. Finnish investigators had also linked
him to incidents of violence in Nigeria, which were believed to had been fueled by his
online activities.
The statement said “the arrest of Mr. Simon Njoku Ekpa follows sustained diplomatic
pressure by the Nigerian government on Finland, to take action against his activities,
which were linked to violence and instability in the South-East of Nigeria. The request
for action featured during high level engagements between countries.”
The Ministry stated that the arrest of Ekpa, is a significant development in addressing the activities of IPOB, and also neutralizing the influence of transnational actors and “their impact on our national security.”
The Ministry promised to continue to monitor the legal proceedings and provide further updates as the case progresses.
FG Confirms Arrest of Simon Ekpa
NBMA Debunks Allegations of Negligence, Compromise Against It
Nigerian lawyers Ask to Collaborate with Chinese Colleagues in Law Relating to Investment and Dispute Resolution
House of Reps Assures on Passage of Human Rights Defenders Bill
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