REFUSE CONTRACTS: Federal agency, BPP, usurping duties of LGAs, Shuns Legal Procedures, CRPA cautions

A
federal government agency; the Bureau of Public Procurement (BPP) has
been fingered in abuse of legal procedures, intimidations and
arbitrariness in its operations against the local governments’ duties.

A
nongovernmental organization (NGO), Center for Reform and Public
Advocacy (CRPA) made the allegation on Tuesday stating that the agency
under the headship of Mamman Ahmadu as Director-General has no regards
to rule of law and legal procedures, but acting ‘Commamdo’ like the
state governors that overshadow and hijack duties provided and earmarked
for local governments.

The group through its Legal Adviser, Kalu Kalu Agu said that it is
regretful that great efforts of President Muhammadu  Buhari to rebuild
the nation particularly strengthening local governments to be active,
resourceful and productive towards bringing development to the
grassroots for optimum service delivery which state governors are
resisting is also being discovered in an agency of the federal
government.

It added that
the presidency has been in the front line agitating for
strengthening of LGAs should not also be found wanting over the same
policy champions, by an agency under its control toeing the line of
state governments in weakening and frustrating the local government
system.

It cautioned that
unless local governments in the country are enabled accordingly to
operate effectively vis-à-vis duties and responsibilities assigned to
them by the 1999 Constitution, that meaningful development will not be
realistic. It commended President  Buhari for his unwavering position on
making local governments effective and productive.

The group frowned that amongst the duties assigned to the Local Governments
in Nigeria’s Constitution is management and control of refuse
within its domain, but unfortunately, the federal agency; BPP like the
governors seemingly feel they are wiser than the drafters of the
Constitution.

CRPA
maintains its position that the ongoing procurement process for award of
contract for refuse disposal within Abuja Municipal Area Council by the
BPP despite a pending suit is an illegality, and above all, a colossal
disregard to rule of law. and therefore cautioned on the need for
parties to maintain status-quo accordingly.  

CRPA
had, in 2020 dragged the Bureau of Public Procurement (BPP) and the
Abuja Municipal Area Council (AMAC) before the Federal High Court, Abuja
on allegations of illegality and gross disregard for the Constitution
of the Federal Republic of Nigeria, premised on fraudulent and illegal
award of contracts and usurpation of the constitutional duties of AMAC
by the federal agency, BPP.  

Despite
the pendency of the suit before a court and the need for parties to
maintain status quo till the final determination of the case, the CRPA
has alleged that, the Bureau of Public Procurement in connivance with
the leadership of the Abuja Municipal Area Council has continued to trade
the same path of illegality that gave rise to the suit.

In
a letter to the Director-General of the Bureau of Public Procurement,
CRPA highlighted the illegalities and constitutional infractions being
perpetuated by the Bureau with the complicity of the leadership of AMAC, and
demanded that all actions be put on hold pending the determination of
the case. 

In the Suit
FHC/ABJ/CS/1585/2020, the CRPA had sought among others a Declaration
that, by virtue of Section 7(1)(5) and Paragraph 1(h) of the Fourth
Schedule of the 1999 Constitution (as amended), the disposal of refuse
and the receipts of payments for same are the Constitutional and
Statutory responsibilities of the Abuja Municipal Area Council and
maintained firmly that it amounts to the height of illegality for the
BPP and the Minister of the FCT to usurp these powers from the Area
Council. 

The group noted
that the leadership of AMAC is fully aware of these infractions, still
in connivance looking the other way out of personal interests,
primordial sentiments and partisanship.

The group said the unfolding conspiracies of the agencies leave much to be
desired of a government, which its cardinal agenda is to rid the country
of corruption.

The
letter established further that in the whole Federation and the Federal
Capital Territory, it was only within the AMAC that the BPP and Minister
of FCT had a hand in issues connected to waste disposal which is a sole
responsibility of the Area Council as established in a plethora of
cases that have already been adjudicated on the subject matter.

Essentially,
the three parties: Ministry of the Federal Capital Territory, AMAC and
BPP are aware of the implications that it’s a trite legal procedure that
when a matter is pending before a court of law, parties are bound to
maintain status quo until the final determination of the suit.

CRPA
added that as an organization with a mandate to resist excesses in the
public sector, that it would pursue the matter to a logical conclusion
if the parties failed to abide by rule of law and desist from actions
that may be prejudicial to the matter, and therefore called on relevant
authorities to call the parties to order without delays.