A non-governmental organisation known as The Registered Trustees of Network for the Actualization Of Social Growth and Viable Development(NAFGAD) has asked the court to nullify the certificates of no objection issued by the Bureau of Public Procurement(BPP) since 2007.
In the originating summons filled at the Federal High Court Abuja, the group also urged the court to sack the BPP’s Director General, Mamman Ahmadu for being allegedly appointed in contravention of section 7(1) of the 2007 procurement act.
In the suit marked FHC/ABJ/CS/1056/2023 filed by their lawyer, Timilehin Odunwo, the group stated that since the BPP was established in 2007, the National Council on Public Procurement has never been constituted contrary to relevant laws.
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.
He 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 maintained 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 honourably resign while highlighting the errors in his appointment.
“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 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.”
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