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Court adjourns suit seeking sack of BPP DG to July 24

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A federal high court in Abuja has adjourned a suit seeking the removal of Mamman Ahmadu from office as director general (DG) of the Bureau of Public Procurement (BPP). 

The suit, which came up for the second time on Thursday, was adjourned to July 24 for the adoption of motions.

The suit, marked FHC/ABJ/CS/1056/2023, instituted by the Network for the Actualisation of Social Growth and Viable Development (NEFGAD), is challenging the appointment of Ahmadu as BPP DG by former President Muhammadu Buhari.

NEFGAD was represented in court by Timilehin Odunwo, a lawyer, while Maimuna Shitu, head of civil litigation in the office of the attorney-general of the federation (AGF), represented President Bola Tinubu and Lateef Fagbemi, the AGF.

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NEFGAD, in the suit, has argued that Ahmadu’s appointment contravened the Public Procurement Act of 2007.

“The President of the Federal Republic of Nigeria is mandated by the Public Procurement Act, 2007 to constitute a body known as the ‘national council on public procurement’, which acts as a watchdog and oversees and supervises the third respondent’s (BPP) activities for the sake of transparency and accountability,” NEFGAD said.

“The said national council of public procurement is also empowered by law to recommend any potential candidates for the office of director-general of the 3rd respondent’s commission to the 1st respondent (president) for appointment after a competitive selection.

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“Since the 3rd respondent was established in 2007, the national council on public procurement has never been constituted, in contravention of the law and therefore making the 3rd respondent act on its whims and caprices, taking decisions of its own volition, without supervision and in accordance with the establishment Act.”

NEFGAD further stated that the BPP has been issuing “certificates of no objection to procuring entities without recourse to the national council’s regulations in line with its mandate”.

The group stated that the non-constitution of the national council “will breed corruption in the system at the detriment of society”.

The group referred the court to letters addressed to the BPP and its DG over the alleged infractions while asking Ahmadu to resign “honourably”.

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“Since the service of the said letters to the respondents, they have refused, failed, and neglected to accede to our requests,” NAGAD said.

Consequently, the group is asking the court to nullify all certificates of objection issued by the BPP from 2007 to date.

It is also seeking an order “mandating the President of the Federal Republic of Nigeria to constitute the national council on public procurement for the purpose of the appointment of the director-general of the Bureau of Public Procurement”.

“An order of this honourable court prohibiting the Bureau of Public Procurement from further issuing certificates of no-objection to any government agency, parastatal, or person until the national council on public procurement is constituted,” NEFGAD said.

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“An order of this honourable court directing the immediate sack of the director general of the bureau of public procurement for being appointed in contravention to section 7(1) of the Procurement Act, 2007.”

The organisation also wants the court to order Ahmadu to refund all the salaries and other emoluments he received from the day of his appointment to date.

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