Skip Navigation
Nigeria

Open Contracting (NG0002)

Overview

At-a-Glance

Action Plan: Nigeria National Action Plan 2017-2019

Action Plan Cycle: 2017

Status: Inactive

Institutions

Lead Institution: Bureau of Public Procurement

Support Institution(s): Federal Ministry of Budget and National Planning, Federal Ministry of Justice, Ministry of Information, Federal Ministry of Finance, Office of Accountant General of the Federation, Budget Office of the Federation, Bureau of Public Service Reforms. One Campaign, Premium Times Centre for Investigative Journalism, Wole Soyinka Institute for Investigative Journalism, Pan-Atlantic University - School of Media and Communications, Professional Organizations Civil Society Legislative Advocacy Centre, CISLAC, CSERED, Media Rights Agenda, Niger-Delta Budget Monitoring Group, CIRDDOC, CCIDESOR, JDPC, HOPE AFRICA, CIDAR, Society for Forensic Accounting and Fraud Prevention, CITAD, Procurement Monitoring Working Group, PPDC, BudgIT

Policy Areas

Capacity Building, E-Government, Education, Environment and Climate, Extractive Industries, Fiscal Transparency, Health, Infrastructure & Transport, Legislation & Regulation, Open Contracting and Procurement, Open Data, Private Sector, Public Participation

IRM Review

IRM Report: Nigeria Design Report 2017-2019

Starred: Pending IRM Review

Early Results: Pending IRM Review

Design i

Verifiable: Yes

Relevant to OGP Values: Access to Information , Civic Participation , Technology

Potential Impact:

Implementation i

Completion: Pending IRM Review

Description

The Nigerian Government commits to progressive implementation of open contracting and the adoption of open contracting standards to enhance transparency, accountability and citizen engagement in public procurement and fiscal transparency. In this phase, priority will be given to at least 5-10 MDAs at the heart of government development priority (including Power, Transportation, Works, Agriculture, Health, Education, Niger Delta, Environment, and Solid Minerals)

IRM Midterm Status Summary

2. Full implementation of Open Contracting and adoption of Open Contracting Data Standards in the public sector.

Language of the commitment as it appears in the action plan:

“The Nigerian Government commits to progressive implementation of open contracting and the adoption of open contracting standards to enhance transparency, accountability and citizen engagement in public procurement and fiscal transparency. In this phase, priority will be given to at least 5-10 MDAs at the heart of government development priority (including Power, Transportation, Works, Agriculture, Health, Education, Niger Delta, Environment, and Solid Minerals)”.

Milestones:

2.1 Increase sensitization of citizens on how to engage at every stage of the procurement cycle.

2.2 Establish Open Contracting portal with feedback mechanism that is populated with procurement data and available online.

2.3 Establish open contracting forum comprising of government, Civil Society and Private Sector to ensure sustained engagement and improved procurement processes.

2.4 Establish and properly constitute the National Procurement Council.

2.5 Establish administrative directive and guidelines and ethical codes mandating application of open contracting system for public contracts.

2.6 BPP to compile and manage a publicly available databank on public sector procurement that is both human and machine-readable.

2.7 Clear administrative rules and guidelines issued by the highest level of government mandating open contracting in priority MDAs/sectors and setting timelines for compliance.

Start Date: January 2017 End Date: June 2019

Action plan is available here:

Context and Objectives

This commitment aims to improve accountability and transparency of government procurement processes by implementing the Open Contracting Data Standard.

The Nigerian government’s commitment to open contracting and to full implementation of the Open Contracting Data Standard dates from 2016, [17] although public procurement reform had been on the agenda since the early 2000s. In 2000, a World Bank Public Procurement Assessment Survey revealed that an average of ten billion US dollars was being lost annually through manipulation of Nigeria’s procurement and contracting systems and processes. [18] The Federal government initiated a Public Procurement Reform process in response, which led to the enactment of the Public Procurement Act (PPA) in 2007. [19] Although the PPA did not expressly endorse open contracting, it provided statutory framework for a number of the milestones associated with Commitment 2. For example, the PPA established the National Council on Public Procurement (NCPP) as the overseer of public procurement governance in Nigeria, responsible for setting monetary and application standards and considering and approving public procurement policies. [20] Chaired by the Minister of Finance, the 11-member NCPP represents various government agencies, professional associations, civil society and the media. [21] Before this commitment was proposed, the NCPP did not exist. [22] There were various reasons for this, but they center largely on misconceptions relating to the status, functions, and constituent membership. For example, it was unclear whether the CSO members must be representative of, or simply appointed from their CSOs. [23]

The PPA also established the Bureau of Public Procurement (BPP) as the implementing and supervisory agency responsible for ensuring “probity, accountability and transparency in the procurement process.” [24] The BPP’s mandated legal functions support open contracting. The BPP, for example, is required to “establish a single internet portal…[to] serve as a primary and definitive source of all information on government procurement containing and displaying all public sector procurement information at all times.” [25] Consequently, the BPP established the Nigeria Open Contracting Portal (NOCOPO). [26] The portal won the Open Contracting Innovation Challenge in 2017 and allows citizens and CSOs to access uniform public procurement information, track procurement processes, and give feedback on planning, tender awards, contract, and implementation stages. [27]

The commitment is relevant to the OGP values of access to information, technology and innovation for transparency and accountability, and to a lesser extent, civic participation. Establishing an Open Contracting Portal and a publicly available, electronic database on public sector procurement are relevant to access to information and the electronic, data-driven nature of these activities resonates with technology and innovation for transparency and accountability. The long-awaited constitution of the NCPP and establishment of the multi-stakeholder Open Contracting Forum are relevant to the value of civic participation. Forming administrative directives, rules, guidelines, and ethical codes might be relevant both to access to information and civic participation depending on their content and their binding effect on PEs.

The commitment and most of its constituent milestones are specific enough to be verifiable. For example, verifying whether an Open Contracting Portal exists or not is straightforward. Milestone 2.1 was vague as the mechanism of “sensitization” was not specified, and Milestones 2.5 and 2.7 – while verifiable on the basis of the content of “open contracting” – reference a wide range of administrative instruments that may be challenging to track.

The activities are expected to have a moderate impact on procurement processes in Nigeria. On the surface, the commitment proposed a comprehensive agenda for increased openness and engagement on how public resources are spent through government contracts – from policy formulation by the NCPP, to administrative rules and directives binding on state organizations, to new avenues for civic participation in the form of electronic portals, databases, and an Open Contracting Forum. However, the commitment does not address the challenges underlying some aspects of public procurement reform. For example, it failed to state the reasons underlying the long-standing failure to constitute the NCPP and to propose remedies for this stalemate. The commitment also includes some activities that were finalized prior to the commitment (for example, launching the NOCOPO). The commitment’s impact may be affected by the level of internet coverage in Nigeria, which stood at 47.1% of the population in 2018, and is set to increase to 84.5% by 2023. [28]

Next Steps

Future commitments in this area could include:

  • Clarifying and addressing failures for constituting the NCPP;
  • Sensitizing citizens on engagement in the procurement cycle, which could be specified and tailored for characteristics (e.g., rural or urban) to increase efficacy;
  • Addressing the timeliness and frequency of updating procurement data on the online portal and database. Outdated procurement data is not very useful to citizens who want to use it to hold government accountable;
  • Agency adoption of a feedback and accountability mechanism when data are disclosed;
  • Providing specific information on how the open contracting forum will meet and what exactly it will do to clarify roles, responsibilities, and expectations.
[17] These commitments were expressed by the Attorney-General and the President at conferences relating to the OGP and anticorruption respectively in May 2016. Seember Nyager, Open Contracting Scoping Study: Nigeria - West Africa Open Contracting Assessment Project (Development Gateway and Open Contracting Partnership, 9 Mar. 2017) 24, https://www.developmentgateway.org/sites/default/files/2017-04/Open%20Contracting%20West%20Africa%20-%20Nigeria%20-%20Development%20Gateway.pdf.
[18] World Bank, Nigeria – Country procurement assessment report vol. 2 (30 Jun. 2000), http://documents.worldbank.org/curated/en/646631468780898952/Nigeria-Country-procurement-assessment-report-CPAR.
[19] Bureau for Public Procurement, “Background” (accessed Nov. 2019), https://www.bpp.gov.ng/background/.
[20] Laws of the Federation of Nigeria, Public Procurement Act 2007 §1(2).
[21] Id. § 1(1).
[22] Nyager 3, 12.
[23] For a comprehensive discussion with proposed solutions, see Kingsley Tochi Udeh, “Nigerian National Council on Public Procurement: Addressing the unresolved legal issues” African Public Procurement Law Journal 2 no. 1 (2015) 10–19.
[24] Public Procurement Act 2007 §4(a).
[25] Public Procurement Act 2007 §5(r).
[26] Bureau of Public Procurement, “About Nigeria Open Contracting Portal (NOCOPO)” (2019), http://nocopo.bpp.gov.ng.
[27] Open Contracting Partnership, “Government Innovation Award winner and six grand prize finalists of Open Contracting innovation challenge announced” (14 Jun. 2017), https://www.open-contracting.org/news/government-innovation-award-winner-six-grand-prize-finalists-open-contracting-innovation-challenge-announced/.
[28] J. Clement, “Number of internet users in Nigeria from 2017 to 2023” (Statista, 9 Aug. 2019), https://www.statista.com/statistics/183849/internet-users-nigeria/.
[29] Extractive Industries Transparency Initiative (EITI), “Nigeria Extractive Industries Transparency Initiative”(22 Nov. 2019), https://eiti.org/nigeria.

Commitments

  1. Participatory Budgeting

    NG0015, 2019, Audits and Controls

  2. Implement Open Contracting and the Open Contracting Data Standard

    NG0016, 2019, Beneficial Ownership

  3. Transparent Tax Revenue Reporting

    NG0017, 2019, Legislation & Regulation

  4. Open Contracting and Licensing in Extractives

    NG0018, 2019, E-Government

  5. Implement EITI Standard

    NG0019, 2019, Audits and Controls

  6. Establish Beneficial Ownership Registry

    NG0020, 2019, Beneficial Ownership

  7. Strengthen Asset Recovery Legislation

    NG0021, 2019, Anti-Corruption Institutions

  8. Implement National Anti-Corruption Strategy

    NG0022, 2019, Anti-Corruption Institutions

  9. Improve Compliance with Freedom of Information Act with Focus on Records Management

    NG0023, 2019, Capacity Building

  10. Improved Compliance with Mandatory Publication Provisions Requirement (FOIA)

    NG0024, 2019, Capacity Building

  11. Implement Permanent Dialogue Mechanism

    NG0025, 2019, Gender

  12. Aggregate Citizens' Feedback on Programs

    NG0026, 2019, E-Government

  13. Freedom of Association, Assembly, and Expression

    NG0027, 2019, Civic Space

  14. Enhance Participation of the Vulnerable

    NG0028, 2019, Capacity Building

  15. Implement New Computer Program in 6 Government Ministries to Improve Service Delivery

    NG0029, 2019, Capacity Building

  16. Legal Instrument to Strengthen SERVICOM

    NG0030, 2019, Legislation & Regulation

  17. Citizen Participation in Budget Cycle

    NG0001, 2017, Audits and Controls

  18. Open Contracting

    NG0002, 2017, Capacity Building

  19. Extractive Sector Transparency

    NG0003, 2017, Beneficial Ownership

  20. Tax Reporting Standards

    NG0004, 2017, Fiscal Transparency

  21. World Bank Doing Business Index

    NG0005, 2017, Infrastructure & Transport

  22. Beneficial Ownership Register

    NG0006, 2017, Beneficial Ownership

  23. Anti-Corruption Informationi Sharing

    NG0007, 2017, Anti-Corruption Institutions

  24. Asset Recovery Legislation

    NG0008, 2017, Capacity Building

  25. Anti-Corruption Activity Coordination

    NG0009, 2017, Anti-Corruption Institutions

  26. FOIA Compliance for Annual Reporting

    NG0010, 2017, Capacity Building

  27. FOIA Compliance for Disclosure

    NG0011, 2017, E-Government

  28. Permanent Dialogue Mechanism

    NG0012, 2017, Fiscal Transparency

  29. Joint Governmnet-Civil Society Legislation Review

    NG0013, 2017, Oversight of Budget/Fiscal Policies

  30. Technology-Based Citizens' Feedback

    NG0014, 2017, E-Government

Do NOT follow this link or you will be banned from the site!