The management of the Chartered Institute of Purchasing and Supply Management of Nigeria, CIPSMN has declared illegal, a violation of extant law of procurement practices and undermining the sovereignty of Nigeria, the recent launch of the “National Procurement Certification Program, NPCP, by the Bureau of Public Procurement, BPP.
A statement signed on Monday 5th by the Registrar and Chief Executive Officer of the Institute, Prof. M.J. Aliyu insisted that BPP has abandoned her statutory oversight and regulatory roles of procurement process to that of recruitment, training and Certification of procurement practitioners in Nigeria. The release stated further that the Public Procurement Act 2007 establishes the Bureau of Public Procurement (BPP) and outlines its objectives and functions. Specifically, Section 4 of the Public Procurement Act defines the objectives of the Bureau to include Harmonizing existing government policies and practices on public procurement, Setting standards and developing the legal framework for public procurement and Building professional capacity for public procurement in Nigeria.
The statement further said “There is nowhere in the PPA 2007 or other Nigerian laws where it is stated that BPP should train and certify procurement practitioners, let alone procurement professional as contained in the SPESSE Certification Portal”
The Institute argued that with the absence of a National Council on Public Procurement, NCPP as contained in Part 1, Section 1 of the PPA 2007 to superintend over BPP activities, it has now become a law unto itself abandoning key functions, especially Section 5(p) that requires BPP to perform procurement audit and submit same to the National Assembly (NASS) biannually. For over 14 years, this function was abandoned due to lack of capacity on the part of BPP and the NASS have not seen any reason to interrogate this.
Describing the actions of BPP in collaboration with CIPS-UK Prof. Aliyu said the Bureau is like a child without father that has turned into a “bull in the China shop” by taking the laws into their hands without executive or legislative interventions.
On the SPESSE launch, the statement posited that it is a common knowledge worldwide that, you are not a professional until you write and pass a professional examination in a particular field of study. And these examinations are not conducted by Universities or any higher institution of learning but professional bodies in all countries of the world.
BPP as a regulatory agency who should collaborate with CIPSMN in training procurement professionals in Nigeria, went ahead and started a certification programme for Procurement Officers in the Public service for over 15yrs with foreign Institute, undermining the laws of the country.
Further the statement explained that the “NPCP Digital Platform under the SPESSE project is an initiative of the CIPS-UK using the World Bank as tool for entering into Africa countries. It recently offered scholarship to about 200 people as a way to get CIPS-UK into the Country and get it organized as it did in Ghana, Nigeria and other African countries against their Laws. This is their way of helping CIPS UK get known and recognized in Nigeria and we view this as an indirect colonization”.
The Procurement reform in Nigeria, was predicated on the UNCITRAL Model Law and advancing it through the World Bank guidelines while, the United Kingdom procurement system is based on European Union Directives.The Nigerian Procurement Certification Program (NPCP) which the BPP has misinterpreted, only align with the Bureau’s mandate to enhance procurement standards, promote transparency, and ensure value for money in public contracts. The NPCP’s mission to strengthen procurement institutions and frameworks is consistent with the Bureau’s objectives under the Act. The launch of the “ National Procurement Certification Program (NPCP) which the Bureau of Public Procurement Nigeria stated that “it is a gate way to procurement practice in Nigeria” raises critical legal, ethical, and professional considerations about regulatory sovereignty, institutional roles, and international collaboration in Nigeria’s procurement space with respect to CIPSMN Act 2007.The Public Procurement Act (PPA) 2007 of Nigeria is the primary legislation guiding public procurement processes in the country. It also establishes the Bureau of Public Procurement (BPP) and outlines its powers and functions. The concern however is whether the BPP can enter into partnerships with the World Bank, CIPS-UK, etc. and whether the BPP can run a procurement certification program independent of the Chartered Institute of Purchasing and Supply Management of Nigeria (CIPSMN), a body established by law to regulate the practice of procurement professionals in Nigeria
The BPP has broad functions under the PPA 2007. The relevant part include Section 5(a) which gives BPP powers to “formulate the general policies and guidelines relating to public sector procurement for the approval of the Council” and 5(e): “supervise the implementation of established procurement policies.”5(f) “perform procurement audits and submit such report to the National Assembly, 5(r): “carry out such other functions as may be assigned to it from time to time by the Council.”Provided that the BPP can enter international partnerships with the approval of Council and the law gives it broad discretionary authority to act in support of its functions, and collaboration with external bodies, such as The World Bank, CIPS-UK, may be implied under its duty to develop procurement capacity and practices in Nigeria but must be in line with Council approval without violating Nigerian Laws.With respect to Certification of Procurement Practitioners, this is where it becomes illegal, sensitive and a major issue for national concern. The Chartered Institute of Purchasing and Supply Management of Nigeria (CIPSMN) was established by an Act of the National Assembly — the CIPSMN Act No. 21 of 2007 — to regulate the training, certification, and professional practice of procurement and supply management in Nigeria but, the bureau has continually violate the mandate of the institute and thereby, misleading the government and the people of Nigeria.
The BPP is not empowered under the Public Procurement Act to certify individuals for professional procurement practice. That authority legally belongs to CIPSMN, just as the Medical and Dental Council regulates doctors or the Council for Legal Education regulates legal practice in Nigeria, COREN-Engineering, ICAN and ANAN for Accounting etc. While the BPP can train and build capacity and issue certificate of participation, it cannot legally authorize professional practice or issue certifications for that purpose without CIPSMN’s involvement to issue such certificate as the case may be, as that would be overstepping its legal mandate.The Public Procurement Act 2007 gives the BPP broad administrative powers to engage in partnerships and capacity-building activities. However, it does not grant the BPP legal authority to certify procurement practitioners to practice professionally — this is exclusively the role of CIPSMN under its establishing Act therefore, any certification program by BPP in collaboration with CIPS UK, The World Bank and other stakeholders that seeks to authorize individuals to practice procurement in Nigeria without CIPSMN’s approval is unlawful and will be challenged by all means possible.