Group sues BPP over ‘foul’ contracts awarded to MDAs

A group known as the Network for the Actualisation of Social Growth and Viable Development (NAFGAD) has sued the Bureau of Public Procurement (BPP).

BPP is being sued over an alleged failure to monitor contracts awarded to some Ministries, Departments and Agencies (MDAs) during the administration of Muhammadu Buhari, the former president.

According to the non-governmental organisation (NGO), the contracts were awarded between January 2020 and March 2023.

BPP is bestowed with the oversight responsibility of conducting open bidding for federal contracts.

Its responsibilities include general monitoring of public procurement, harmonising existing government policies and practices by regulating, setting standards and developing the legal framework and professional capacity for public procurement across the country.

In the suit marked FHC/ABJ/CS/1002/2023 and filed on July 21, NAFGAD alleged that the “procurement methods and proceedings ran foul of the public procurement Act 2007″.

The applicants stated that “certificates of no objection” were issued to the MDAs for contracts that did not follow standard procedures.

A certificate of no objection is a document which authenticates that due process was followed in the course of procurement, especially at a national or subnational scale.

“The applicant wrote a letter dated March 27, 2023, and the letter was served on the respondent on March 29, 2023,” the NGO stated.

“The said letter expressly states the applicant’s (NAFGAD) position on the issued certificates of no objection by the respondent and further requested for full disclosure of information and documents in relation to the procurement proceedings for the general public interest.”

NAFGAD said although BPP responded via a letter dated March 30, the content was different from the information requested.

“The respondent’s reply letter dated March 30, 2023, is completely at variance with the information requested for,” the applicants stated.

They added that after several failed efforts to obtain the information sought, they resolved to file a suit to compel the respondents to comply with their request.

They are praying the court for a declaration that the refusal of the respondent to disclose to the applicant the information requested “is a breach of the provisions of Section 39 of the Constitution of the Federal Republic of Nigeria 1999 (as amended) and Sections 2(1)(2)(3)(6), 3, 4 and 5 of the Freedom of Information Act, 2011”.

They are also seeking N20 million as payment for “special and general damages on the part of the respondent for non-compliance with the provisions of the 1999 Constitution and the Freedom of Information Act, 2011″.