NAFGAD Asks Court To Nullify All ‘Certificates Of No Objection’ Issued By BPP Since 2007, Demands Sack Of DG Ahmadu Over Violation Of Procurement Act

A non-governmental organization known as The Registered Trustees of Network for the Actualization Of Social Growth and Viable Development(NAFGAD) has urged the Federal High Court, Abuja to nullify all certificates of no objection issued by BPP since 2007 and also direct the immediate sack of the Director General of the Bureau of Public Procurement, Mamman Ahmadu for being appointed in alleged contravention of Section 7(1) of the Procurement Act, 2007.

The section in dispute states that “There shall be for the Bureau, a Director–General who shall be appointed by the President, on the recommendation of the National Council after competitive selection.”

But the group alleges in their originating summons(FHC/ABJ/CS/1056/2023) filed on Tuesday, that since the BPP was established in 2007, the National Council on Public Procurement has never been constituted contrary to relevant laws.

The group accused the BPP of taking decisions of its own volition, without supervision, and in accordance with the Establishment Act.

Joined as first to fourth respondents in the suit are the President Of The Federal Republic Of Nigeria, the Attorney General Of the federation, the Bureau Of Public Procurement, and the Director-General, the Bureau Of Public Procurement.

The group’s lawyer, Timilehin Albert Odunwo Esq argued that Ahmadu was appointed by former president Muhammadu Buhari without recourse to a recommendation from the National Council on Public Procurement duly constituted.

“Despite the non-constitution of the National Council on Public Procurement before the appointment of the 4th Respondent (Director General), the 4th Respondent has been acting as the 3rd Respondent Director General in flagrant contravention to the establishing Act,” he stated.

He argued that in the public interest, the group notified both the AGF and the BPP of the alleged illegality of Ahmadu’s appointment as Director General through a letter dated May 2, 2023, calling on him to honorably resign while highlighting the errors in his appointment.

He contended that the letters have been ignored by the relevant agencies.

“Since the service of the said letters on the Respondents, they have refused, failed, and neglected to accede to our requests.

“After waiting for 30 days without response from the Respondents, the Applicant in line with the extant laws served a one-month Pre-action Notice on the 3rd & 4th Respondents dated the 8th day of June, 2023.

“The 3rd Respondent still issues Certificate of No Objection to procuring entities without recourse to the National Council’s regulations in line with its mandate,” he added.

The group maintained that a non-constitution of the National Council of Public Procurement will breed corruption in the system to the detriment of the society.

The group, therefore, sought the following reliefs from the court:

“A DECLARATION that the non – constitution of the National Council on Public Procurement by the President of Nigeria amounts to a breach of section 1 (1&4) of the Public Procurement Act, 2007.

” A DECLARATION that all the certificates of NO OBJECTION issued over time by the Bureau of Public Procurement since 2007 till date, having not been supervised by a legally constituted National Council on Public Procurement in line with sections 2 &6(1) of the Procurement Act, 2007 is void.

“A DECLARATION that the appointment of the Director General of the Bureau of Public Procurement by the President of the Federal Republic of Nigeria without the recommendation of a constituted National Council on Public Procurement is a complete breach and total disregard to Section 7(1) of the Public Procurement Act, 2007 and therefore illegal.

“AN ORDER of the Honourable Court 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 Certificate of No-Objection to any government agency, parastatals or person until the National Council on Public Procurement is constituted.

“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.

“AND FOR SUCH FURTHER ORDER OR OTHER ORDERS as this Honourable Court may deem it to make in the circumstance of this case.”

THE WHISTLER reports that the case is yet to be assigned to a judge for determination.