The imperative of due process
SIR: I am reacting to The Guardian Newspapers publication in regard to "Due Process in Procurement" which was published on July 15, 2004. The Honourable Minister of Finance, Mrs. Ngozi Okonjo-Iweala and some other eminent Nigerians spoke about changing the way we do business in the country. They urged Nigerians at various levels to debate these proposals through the media before it is brought to the House. I am glad that the article mentioned something about some people who may resist such change. It has never been easy to change situations where some few influential people are benefiting from the status quo. However, that would not stop any serious person from trying.
Perhaps as time goes on, people would find out that the country stands to gain economically if the new rules are allowed to endure.
If there are legislated guidelines that would be followed in the procurement and/or contract awards, hereunder are some of the benefits the country would derive.
Businessmen and women who have not been paying taxes would not have the opportunity to evade tax payment anymore.
Only knowledgeable people would bid for contracts and/or procurement projects.
Mobilisation fees practices would seize to exist.
People who always seek 10 per cent payment before contracts are awarded would seize to exist.
Inflated contracts particularly with foreigners would be a thing of the past.
Performance standard would be benchmarked.
There would be absolute use of Liquidated Damages law for failed or unacceptable contract performance.
Foreigners would not use the country as a dumping ground for goods that have outlived their useful lives.
Awarded contracts would enjoy a "Start" and "Finished" phenomenon.
The government would have first hand idea of the numbers of functioning companies doing business in the country.
There would be no more conflict of interest.
Professionals would have the opportunity to perform in their areas of specialisation without undue influence from any quarters, etc.
In effect, the underlying purpose of due process is to simply, clarify and modernise the law governing procurement by the Federal Republic of Nigeria, to permit the continued development of procurement policies and practices; to make as consistent as possible the uniform application of these policies throughout the country. It would also provide for increased efficiency, economy, and flexibility in the country procurement activities and to maximise to the fullest extent the purchasing power of the country.
Due process would foster effective broad-based competition from all segments of the vendor community including small businesses, minority and women-owned, and other enterprises. The integrity of the procurement system would be safeguarded; it would protect against corruption, waste, fraud and abuse and also ensure appropriate public access to contracting information and to foster equal employment opportunities in the policies and practices of contractors and subcontractors.
It is however worth remembering at this point that "Change" no matter how compelling, never comes easily. According to Machiavelli, "There is nothing more perilous to conduct or more uncertain in its success than to take the lead in the introduction of a new order of things, because the innovator has for enemies, all those who have done well under the old conditions, and lukewarm defenders in those who may do well under the new."
To you, Honourable Minister of Finance, and others who made their views known so far on that occasion, I say to you to remember the words of that writer Machiavelli. I urge you not to allow anything to stop you from achieving this objective which to all reasonable being does makes a lot of sense.
Nosakhare Aigbogun,
New York, United States`
