The Chartered Institute of Purchasing and Supply Management of Nigeria (CIPSMN) is contesting its debasement in the recent launch of the National Procurement Certification Project by the Bureau of Public Procurement (BPP), in collaboration with the Chartered Institute of Procurement, United Kingdom (CIPS-UK) and the World Bank.
Its Registrar/Chief Executive Officer, Prof. M. J. Aliyu, in a statement on Tuesday reasoned that the action violates Section 16 of the Chartered Institute of Purchasing and Supply Management of Nigeria (CIPSMN) .
It also constitutes a gross violation of the establishment Act and other extent Laws of the Federal Republic of Nigeria including the Public Procurement Act 14 of 2007, he said.
He lamented that the criminal ambition to undermine CIPSMN statutory roles to regulate the training, certification and professional practice of procurement and supply management in Nigeria, is legendary.
He buttressed his claim on the strength of the establishment of the Due Process Office, to the appointments of two (2) Director Generals from different professions outside the requirements of laws, and the recent appointment of a Director General, Dr. Adebowale Adedoyin, who was not qualified under the Nigerian laws to be appointed into such office.
He added:”Part IV Section 11 subsection 8 and 9 of the CIPSMN Act state as follows “The purchasing and supply professionals from abroad who reside in Nigeria and wish to practice shall within 12 months after the commencement of this Act, seek registration with the Institute to become members.
“Subsection 9 – A person shall not be entitled to be appointed or engaged to head any purchasing and supply chain management of any organization unless, he is dully registered with the institute qualified by examination and
“Section 16(2) “If, on or after the commencement date of this Act , a person who is not a member of the institute practices or hold himself out as a member in expectation of a reward or takes or uses any name, title, addition or description implying that he is a member, he is guilty of an offence”
“Section 20 of the CIPSMN Act – Interpretation describe “purchasing and Supply Professional” as any qualified member who is into practice or employed by any organization, ministry, corporation and engaged in purchasing, supply, procurement, stores, warehousing, logistics, material and supply management.
“This is their albatross for all the Director Generals appointed to head the BPP since inception. It is a standard applicable worldwide including the UK, USA and India, the three leading countries in procurement practices in the world.”
He expressed disgust that the 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 Public Procurement Act 2007 establishes the Bureau of Public Procurement (BPP) and outlines its objectives and functions.
According to him, 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.
He 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.
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,he said in the statement
He disclosed that for over 14 years, this function was abandoned due to lack of capacity on the part of BPP and the National Assembly have not seen any reason to interrogate this. .
He added:On the SPESSE launch, 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. CIPS-UK is recognized for this in the United Kingdom.
“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.
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.”
According to him,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.
He maintained that the BPP is not empowered under the Public Procurement Act to certify individuals for professional procurement practice.
He also said 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,he said gives the BPP broad administrative powers to engage in partnerships and capacity-building activities.
He added:”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.”
