Buhari joins Jonathan, Yar’Adua to violate Nigerian law on public procurement

FROM LEFT: Chief of Staff, Alhaji Abba Kyari; Vice-President Yemi Osinbajo; and President Muhammadu Buhari at the Federal Executive Council Meeting at the Presidential Villa in Abuja on Wednesday (2/11/16) 
8159/2/11/2016/Callistus Ewelike/BJO/NAN
FROM LEFT: Chief of Staff, Alhaji Abba Kyari; Vice-President Yemi Osinbajo; and President Muhammadu Buhari at the Federal Executive Council Meeting at the Presidential Villa in Abuja on Wednesday (2/11/16) 8159/2/11/2016/Callistus Ewelike/BJO/NAN

Despite promises during the campaigns in the build up to the 2015 election, President Muhammadu Buhari has failed to inaugurate the National Council on Public Procurement, NCPP, as required by Nigerian law.

The Public Procurement Act 2007 was signed into law by late President Umaru Yar’Adua on June 4, 2007.

The Act provides for the establishment of the National Council on Public Procurement, NCPP, and the Bureau of Public Procurement, BPP, as the regulatory authorities responsible for the monitoring and oversight of public procurement as well as harmonizing existing government policies and practices.  The act was put in place to put more transparency in and ensure public participation in government procurement.

Membership of the council according to the Act should comprise 12 members to be appointed by the president.

While six of the members are government officials, the other six are drawn from relevant professional organisations.  Those from the government side, considered permanent members, include the Minister of Finance, who serves as chairman, and the Director General of the BPP as secretary.

Others are the Attorney General of the Federation and Minister of Justice, the Secretary to the Government of the Federation, the Head of Service, and the Economic Adviser to the President.

Those representing professional bodies are drawn from the Nigerian Bar Association, the Nigerian Institute of Purchasing and Supply Management, the Nigeria Chamber of Commerce and Industry, Mines and Agriculture, the Nigeria Society of Engineers, a representative of civil society organisations and that of the media.


Although President Yar’Adua signed the Act into law in his first week in office, he however, failed to set up the council until his death in May 2010.

His deputy and successor, Goodluck Jonathan, who eventually served as president for five years also failed to inaugurate the council.

As a result, most of the functions of the council were carried out by the Federal Executive Council, FEC.

The FEC is made up the president, the vice president, all the ministers and some presidential advisers; meaning the president and his political appointees who are all less likely to question his decisions.

The inability of the government to set up the council has meant the FEC approves contracts to be executed by its members.

Mr. Buhari had in a document circulated during the 2015 campaigns titled ‘ My covenant with Nigerians’ promised to “inaugurate the National Council on Procurement as stipulated in the Procurement Act so that the Federal Executive Council, which has been turned to a weekly session of contract bazaar, will concentrate on its principal function of policy making”.

Although the president after assuming office disowned the document, a PREMIUM TIMES fact check showed the ruling All Progressives Congress did author it.

The document was authored by the policy and research directorate of the APC presidential campaign, headed by current Minister of Solid Minerals Development and former Governor of Ekiti State, Kayode Fayemi, when the party was trying to convince Nigerians to abandon the then ruling PDP.


A top official of the APC administration who declined to be named because he is not permitted to speak to the media on the matter said the issue of NCPP ” just like other boards and parastatals will be set up at the right time.”

The official said he is aware the office of SGF is working on the composition of the boards of parastatals.

He however, said, “the truth is government has a lot more important matters to attend to at the moment and the issue of procurement council and all others will be attended to in due course.”

Several efforts to speak with the SGF, Babachir Lawal, were unsuccessful. Calls to his mobile phone could not be connected. He also did not respond to our text message at the time of publishing this story.

Presidential spokesperson, Garba Shehu, however, promised to “make inquiries and revert” to us. He said the administration is “working on it”.

In reaction to the failure of the Buhari administration to set up the council, lawyer Jiti Ogunye said it is unacceptable for successive administrations to fail to inaugurate the NCPP.

He said the inability of the Buhari administration to inaugurate the council has ” grave consequences” because the Act establishing the council was not meant ” to be observed in breach”.

“The executive is not at liberty to choose which law it could implement. It is not a discretionary matter,” he said.

Mr. Ogunye said both the federal and state governments are charged under Section 5 of the Nigerian constitution 1999, as amended to “govern the country and execute all the laws passed by the National Assembly”.

The human rights lawyer said he could not say if the actions of the FEC to carry out the functions of the NCPP is illegal because there is no legal pronouncement on the matter.

He said the best way to resolve the controversy is through “public interest litigation seeking an order of mandamus” asking the Nigerian government to ” do what the law says they should do”.

Mr. Ogunye said the NCPP is the citizens only chance to participate in the procurement process in the country.

“The business of the Federal Executive Council is to deal with policy issues. It is not a contract awarding body,” he said.

We need a court declaration to say the FEC “as a substitute to the NCPP is illegal, unlawful and unconstitutional. On the basis of arguments, we can say what they are doing is illegal, but there is no legal declaration to that effect.”


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  • Ken

    Why put gej’s name along that of Buhari when talking about Buhari’s impunities? Leave GEJ alone

    • Olu from South Africa

      Just a wake up call for PMB not to be in same league with Dr D…

  • Ifeanyi

    …”government has a lot more important matters to attend to at the moment…”

    I cringe…

    • Charles

      what is more important than transparency and accountability which the NCPP is all about?

      • bulus

        Transparency??!! Like if they constitute NCPP then all our problems are solved..they’ll still award to whom they want, so why bother

        • Charles

          why bother fighting corruption in the first, because, whether you fight it or not people will still be corrupt, if I understand you.

  • Nwo Odoli

    Yes leave Joanna alone. Buhari came in to correct mistakes not to continue and invent more.

  • Retired Journalist 2017

    Premium Times Editor,

    I read Premium Times with tears in my eyes. I foresee there may not be another.
    When this generation retires and passes away i do not see a budding generation of thinkers
    coming behind. I do not see any culture of straight thinking in Nigeria’s horizon. I see crooked
    thinking. I see charlatans, demagogues, sciolists and rabble-rousers; and nothing else besides.
    I am old enough to see the end of objective journalism and logical thinking, after Premium Times.
    I must reach for my handkerchief, again. After this Premium Times, it will be the end of rationality.

    • Charles

      Yes, in this regard, it is either we started somewhere, and have lost our way, or we began nowhere and are looking for where to go, in either case we have created hell.

      • Nobby Stiles


        The answer to your poser is this: Nigeria never has no direction. Fools, thieves and retards all
        took over the reins of government; using stolen money from years of unaccountable military rule.
        Muhamadu Buhari is a symptom of that historical aberration, where guardsmen at the gate used
        guns to chase away the householders and declared themselves landlords and owners of Nigeria.
        That is the ownership mentality underlying the threat that “dogs and baboons will soak in blood“.
        Premium Times is doing a yeoman’s job with world class standards to let Nigeria make sense of it all.

        • Charles

          Nobby, this is the answer some many people knew, but so little people are afraid to say, But, I believe one day it will be said by so many angry and oppressed people on the street, the next day it will be bye-bye Nigeria.

    • Man_Enough

      Weep not. Every hero has disciples. When Dele Giwa was murdered who ever thought that Premium Times would spring up?

  • Kevin Peter

    Even if Babachir Lawal responded to your calls, not much can come from him now because of his predicament over allegation of corruption hanging on his head.

    • Dokoku


      Look, let’s talk facts, this Buhari government is too corrupt to be useful to society.
      Within 60 days of his resuming as president, between June 1st and 30th July 2015;
      and with civil servants owed 6 months’ salaries in at least 22 states, President Buhari
      went straight to the Central Bank and carried away one billion Naira – all within 60 days
      of resuming office!

      President Muhamadu Buhari
      then stuffed the whole one billion Naira into the back pockets of his crony, Brigadier Buba Marwa,
      with a whisper and with Buhari’s forefinger firmly on his lips, signalling that secrets be kept secret.
      That first decision in office burnt up the borrowed robes of ‘integrity’ Nigeria’s unthinking journalists
      dressed Muhamadu Buhari in.

      • Alkaliimaam

        The corruption BUHARI sweeps under carpet: CENTRAL BANK audit result

        • ₦38.23billion developed legs and got missing in Central Bank under Sanusi Lamido Sanusi.
        • ₦160billion was taken by Sanusi Lamido at the Central Bank for self-determined spending.
        • ₦1.12billion was taken as spent by Sanusi Lamido on lunch for 12 CBN police guards
        in one year.
        • ₦1.12billion was taken in cash and entered in the account as paid to a non-operating airline
        for charter service.
        • ₦240billion was discretionally doled out at will as ‘donations’ by Sanusi Lamido.
        • ₦1.97billion was paid out in cash and entered on Central Bank accounts as “inexplicable
        expense” by Sanusi Lamido Sanusi.
        • ₦20billion was entered as paid out in cash as Legal Fees by Sanusi Lamido to persons
        • ₦3.086billion was taken by Sanusi Lamido and written off as expense ostensibly to promote
        Central Bank image.

  • realist

    Fayose prophecy is fulfilling that Nigeria has enter one chance in person if Buhari. Buhari is only obeying laws that is convenient for him.

  • Ebun Olaseni P.


    Next to ignorance the problem with Muhamadu Buhari is lies-telling.
    He’s achieved nothing in office after 2 years – not a single thing well thought
    and excellently done. Muhamadu Buhari, at 74, is no longer teachable, he’s
    inured to shame. He does not take responsibility for his gross failures in
    office but looks for others to blame for being the worst president Nigeria has
    ever had. Everything Muhamadu Buhari touched became worse. Even Christmas,
    two days ago, was mourned in utter darkness in Nigeria. No electricity supplied.

    When BUHARI
    attempted economic reforms this January he ended up turning Nigeria into
    a victim of mass economic destruction, for his lack of knowledge. THISDAY
    newspaper is reporting that Buhari has written to alert the Senate he’ll be
    dissolving his Cabinet – which is a rather belated admission that he’d
    early on appointed dunces, dullards and thieves as Ministers.

    But when he was told the same thing last year September,
    his adamance in ignorance took hold of him to resist the wise alert that there’s
    no single person he appointed combining knowledge with character. Having failed
    hopelessly, Buhari now wants to crawl out of the woodwork to do what he’d left
    undone. But it seems too late to snatch victory from the jaws of defeat.

  • Otile

    Buhari did not just join Yar’Adua and Jonthan in corruption, Buhari was already corrupt when Yar’Adua and Jonathan were toddlers. Buhari’s regime in the last century was nothing but corruption and noise.

  • Abdul

    Useless, what does it take to constitute a body? All we keep hearing is that govt is working on it. Working on what? Give me a break pls, 2years after this govt is unable to fill all the position. A govt that cannot fill common position after 2years depicts gross incompetence. Rubbish.

    • okenwa

      Buhari’s praise singers will behead you soon.

  • KEFAS Samu

    That’s part of the change!Said baba,sai mai gaskiya!LOL!

  • river mada

    Well, I do not think this is a PDP vs APC issue. This is only revealing ourselves to us, reflecting back to us in a mirror that have a culture of corruption, and that cuts across party and ethnic lines. There are very few honest Nigerians alive that will not do as Jonah of Buhari have done, and those honest Nigerians are too honest to bribe their way to the top.

  • ANONYMOUS because of Police

    Excuse me please!

    I want to say my own. I no know book O. But i have sense. The thing you people should discuss now
    is not whether President Buhari is a rogue. We already know the answer to that one. What you must
    discuss now is how to build good coalition, like in GAMBIA, to get the Buhari out of that place soonest.
    Nigeria is dying. Nigeria is fainting. Nigeria is vomiting blood. Nigeria is on oxygen tank. Save Nigeria!

    • Rommel

      We have confidence in PMB and he will do 8 good years so Nigeria can be fixed

      • ANONYMOUS because of Police




  • Rommel

    Truth of the matter is that many Nigerians no longer know whom to send Christmas hampers to in the hope of winning contracts in the new year after federal budget has been approved,seeing the budget breakdown and capital expenditure has got their eyes popping out but this government has disarmed many of these criminally minded political contractors

    • Gary

      Nazi, now that your cult God is in office, it no longer matters to you and e-zombies that Buhari is refusing to follow the law just like the man he replaced did. How convenient and hypocritical of you. This is the same procurement law that they flew a kite to sidestep and give Buhari emergency powers to run the economy as he deems fit. If that had happened, he would have ignored everybody and sold off national assets as well as borrow his $30B by now.
      Buhari cannot run any democratic organization much less a country. Because he is by temperament and orientation a dictator and not s democrat.

      Unfortunately for us, Gani Fawehinmi is dead and there’s nobody to step into his shoes. Gani would have gone to court to press for upholding extant laws on procurement in government and reflecting federal character in the cabinet. El-Zakzaky would not be starting another year in detention without charge or trial. Nor will the likes of Buratai, Dambazzau or Babachir Lawal sitting tight in office with allegations of corruption swirling around them.

      Gani died and so did civil rights in Nigeria.

  • Folabii Fowler


    The position of Sultan of Sokoto

    “Islam is a peaceful religion” said the Sultan of Sokoto today in irrelevance to the equality of mankind proposed in a legislative bill under consideration by parliament, as reported by Premium Times today. But what is not peaceful in holding
    all of mankind equal? The Sultan could not say but rather took off on a tangent to say Islam as a religion must override the equality of mankind bill. This is the problem with Islam.

    Islam pretends to be a religion; whereas, it is a political ideology seeking to overthrow all national laws; and in the process, overthrow national governments in each country. That’s not a religion by any definition. The absurdity in the Sultan’s stance
    is that he does not extend the same “rights” to all other religionists to also veto any national law alleged to contravene their own separate religions.

    That is why Islam is seen today as the worst threat to global peace. And for so long as President Buhari himself is seen
    as sharing in that political ideology of ISLAM, there is neither hope nor comfort for democracy in Nigeria, because Islam is
    a contrary ideology to DEMOCRACY which starts by holding all of humanity equal and entitled to exactly the same rights.

  • F. Fowler

    Editor Sir,

    The position of Sultan of Sokoto

    “Islam is a peaceful religion” said the Sultan of
    Sokoto today in irrelevance to the equality of mankind proposed in a
    legislative bill under consideration by parliament, The Sultan could not say
    but rather took off on a tangent to say Islam as a religion must override the
    equality of mankind bill. This is the problem with Islam.

    Islam pretends to be a religion; whereas, it is a political ideology seeking
    to overthrow all national laws; and in the process, overthrow national
    governments in each country. That’s not a religion by any definition. The
    absurdity in the Sultan’s stance is that he does not extend the same “rights”
    to all other religionists to also veto any national law alleged to contravene
    their own separate religions.

    That is why Islam is seen today as the worst threat to global peace. And
    for so long as President Buhari himself is seen as sharing in that political
    ideology of ISLAM, there is neither hope nor comfort for democracy in Nigeria,
    because Islam is a contrary ideology to DEMOCRACY which starts by holding all
    of humanity equal and entitled to exactly the same rights.

    • Repost by Popular Demand

      The latest killings in southern Kaduna of central Nigeria illustrate the public nuisance Islam has
      viciously become in the hands of its most illiterate and dirty adherents. The right to kill on a whim
      and without reference to any guilt of the person wantonly killed – which Islam textually hoists,
      as banner – makes Donald Trump call Islam “a religion of benighted and backward people“.
      But the government of Angola took a different view few years ago when it banned Islam
      throughout Angola. According to the Angolan Cabinet Minister in charge of culture,
      ,Islam is not a religion, but a “cult of hate breeders”.

  • ?????????


    But what is “not peaceful” in holding all of mankind equal?

    What exactly is wrong with a legislative bill holding a man and woman equal,

    for all purposes of inheritance rights and entitlements to all privileges of mankind?

    • World Wide Web

      …I think the Parliament should pass the EQUALITY BILL….regardless that the Sultan of Sokoto opposes it…….
      ……… Equality of man and woman is more enlightened….and parliament is not the place to practise Islam…..
      ……….Islam is to be practised either in a mosque or inside one’s own house….not in a neighbour’s house…….
      ………………Wild and borderless practice of Islam in all places by Nigerian Muslims is the cause of all violence………

    • Pere Ajuowa


      The other day
      in Lagos I saw the Muslim called Raji (what a name!) FASHOLA feeling silly
      enough to meet Christian Bishops who did not deign to reply to the nonsense he
      came to say as a (misfit) governor that a Muslim must succeed him to make 24 years
      of continuous Muslim rule of Lagos state. That was the moment I also thought Muslims
      really have no sense of proportion. Left to President Muhamadu Buhari, Muslims will be
      the only persons appointed as Ministers and Advisers into his own illiterate and useless
      government which, only luckily has 20% space for Christians, but that’s because there
      are hardly any Muslims in the 10 core states of eastern Nigeria.

    • wode

      What is not peaceful is trying to enact or impose another law (a man-made law for that matter) on everybody, most especially, the Muslims. Islam has an existing, divine and detailed law of inheritance. You just need to google “Inheritance in Islam” or “Inheritance in Qur’an” and you would see what has been put in place for almost a Century and a half. You can check Q4:10-13 for example.

      The truth and non-hypocritical position is that Man and Woman are not equal except in the aspect of piety. There are areas where Men have higher strength and the same for women.

      And come to think of it, if you can take time, for those genuinely interested in knowing more, to study the Islamic position in or law of inheritance, you would realize that, in the long-run that Women actually get higher share, as daughter, wife, and/or Mother. Even, despite the share of women, Men (either as husband, brother or father) are to spend their fortune on women folk (as sisters, wives or mothers).

      In essence, all that is required to understand the position of the Sultan, representing that of Islam, is a little search for knowledge on what Allah (i.e. the God Almighty) says on inheritance and the unknown would be complete apparent. Asking Muslims to abide by a Man-made law contrary to what the provision of their religion is tantamount to denying them their right.

    • A Aminu

      Unless and until you understand Islamic law and Islamic jurisprudence, it will be very difficult for you a non Muslim to know what is wrong with it. If you are following the discussion, and read what Wode ( a discussant in this forum) has said, you will have no problem understanding what is wrong. But one has to remove bias, hatred, and respect religious beliefs of other adherents of other religions. Islam has an existing law on inheritance, and is just to all if only you take time to read it and understand it. You cannot argue what you did not read and understand.
      I sincerely advise you or any discussant to read carefully the contribution of Wode, a discussant on this forum. I concur with respect to his contribution and his stand.

  • Somebody

    @Worldwide Web,

    The Sultan of Sokoto said no law must be passed by the legislative Assembly to make man and woman equal. I have no opinion or objection to what the Sultan of Sokoto said. But please help me tell the Sultan of Sokoto that my own religion
    (redacted) makes the eating of pork obligatory every day.

    I am coming with truckload of my coreligionists to Sokoto in February. I am asking that my own religion be respected
    the same way the Sultan of Sokoto wants his own religion respected. My own religious rights must be fully respected
    to the same extent. I must eat a lot of pork every day in Sokoto town.

    I implore the Sultan of Sokoto to liaise with the local government chairman in Sokoto metropolis to pass a law and create
    a pig farm in Sokoto where we can purchase pork meat on daily basis, to eat with our meals and to serve out and share
    with our neighbors. We may need a stall to barbecue some of our pigs and sell the pork to all persons to enjoy the taste.

    • GREGO

      Muslims are losing face all over the world because they lack sense of proportion.
      This is the result of not thinking properly that action begets reaction as a law of nature.
      Muslims think wrongly that they can continue to make demands on the rest of the world.
      They’re are so naive not to know that the rest of the world will then make demands on them.
      Muslims mistook pacifism (for good neighborliness) as weakness and kept on making demands.
      Henceforth, Muslims will receive similar demands because their sense of disproportion asked for it.

      • wode

        Nobody is making any demand. It is the right of the Muslims and position of Islam. It’s not a new thing and no Jupiter can change that. You need to get your facts right. There are clear provisions for inheritance in Islam. No religion has it as detailed as it’s provided for in the Qur’an. You can google it and find out what Qur’an says about inheritance. Examples of verses you can check are Q4:7-9, and 10-13.

        Nobody says that law can not be made for any other set of people, but no man-made law can be made supreme above and be imposed on Muslims against the divine Law of Allah.

        On losing face, again, you need to check your facts right. More and more enlightened people are discovering the Universal Truth, embracing the religion and getting into the fold.

        • okenwa

          If you cannot respect the constitution of a secular state like nigeria, form your own country where islamic laws will be supreme.

          • wode

            I discuss issues, not emotion. Facts are presented not tantrum. Substance not shadow, please.

    • Chief Priest

      Somebody: I truly understand the disgust and anger here
      but just that I don’t want to increase it. The Senate of Nigeria is not
      a Shura Council or under a Council of Imaams or a Shah (as in Iran) as an
      ultimate guardian. The Senate should firstly consider the Sultan’s suggestion
      before rejecting it, since his suggestion implies that Islam overrides the 1999
      Constitution. The Senate owes a duty to legislate for a secular state in line
      with the Constitution of Nigeria, not for an Islamic State in line with Koranic
      verses, and even if the Sultan of Sokoto states an Islamic practice correctly
      his suggestion should still be rejected, anyway, because the Sultan shall be
      setting a bad precedent to warrant other religionists now bringing in their own
      exceptions to any proposed national law

      • Akowaba333



    • amor

      why saying this donn u kn is not good to eat pork

    • A Aminu

      With respect to you, I don’t think you understand what the Sultan of Sokoto said. Neither did you understand or even know the provisions of Islamic law, the Sultan is drawing the attention of the law makers.
      The Islamic law, has sufficient provision on inheritance, and it obligatory on all Muslims. We do not need an act of parliament to say how that inheritance will be administered. Ditto the position of widow. Her inheritance is spelt out in the Quran. Any lawyer of Islamic jurisprudence knows the law. What the Sultan is doing, is drawing the attention of the law makers to these injunctions.
      With regards to your pork issue. Nobody has said a law must be enacted to stop you from consuming pork. If you like to eat pork, you are free. Consumption of beer, wine and spirits are prohibited in Islam, but is sold in Islamic towns and anybody who choose to consume it is free to go against the Islamic injunction, and does it at his peril.
      I honestly fail to understand your problem.
      I think you only want to be sarcastic.

      • okenwa

        Although i dont support any law that will make a woman equal to a man but which law do you obey? Nigeria law or islamic law.

        • A Aminu

          You see Mr Okenwa, Islam is a complete way of life. It has laws and guide lines guiding every aspect of life. From how you should dress, eat, sleep, walk, and even how to die. It has laws guiding you how and who to marry, live with your family, and neighbors.
          That is why, in the late 50s on the advent of independence in Nigeria, the northern states codify our common law and incorporated the penal code. The penal code is an amalgamation of the British common law and Islamic law joined together. This was the practice in earlier democracies of Pakistan, and Sudan, where there were large Muslim communities, and had attained independence earlier than in Nigeria.
          So coming to your question of which law would a Muslim obey, obviously no sane and responsible government will enact a law that goes contrary to religious beliefs of its citizens. It goes without saying if the parliament enacts a law that prohibits going to church at 2am in the middle of the night because armed robbery is predominant at that our, or going to the mosque at 4am because robbers commit atrocities at that time, no good Christian or Muslim will respect that law.
          I hope I have answered your question.

          • okenwa

            So countries should be formed according to religeous and cultural beliefs because due animal rights human beings now kisses dogs and even sleep with, due to incausion with apes man now suffers hiv/aids and due to human rights, a man now marries and man. We should all say no to a law that make a man equal to a woman.

  • Man_Enough

    While laws are meant to be obeyed, I view the formation of public procurement council as an unwarranted proliferation of corruption. The supplier will be saddled with more officials to “lobby”. I think that law should be abrogated.

    • Gbola

      Plus, The Government is unable to pay the salary all its current employees, so employing more people to fI’ll the Procurement committee is just saddling the tired government with more recurring expenditures.

      I am neither here nor there in this issue.
      I don’t believe in a BIG government.
      The government workforce must never trimmed.

  • wode

    The problem with Nigeria is not about the acts, bodies, agencies, etc. It is really about the people running them. What do you say to people that are asked to monitor or checkmate others who themselves are accomplices of corruption and use whatever offices they are entrusted with to their own personal advantages instead of for common good. Nigerians have to change before Nigeria can change!