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 JOURNAL OF PUBLIC PROCUREMENT, VOL UME 11, ISSUE 3, 323-353 FALL 2011  ANTI CORRUPTION IN PUBLIC PROCUREMENT IN NIGERIA: CHALLENGES AND COMPETENCY STRATEGIES Joseph K. Achua* ABSTRACT .  Public procurement provides a fertile ground for corruption in the Nigerian public sector. Reforms to create an effective public procurement system, which have been almost exclusively the government’s affair, seem to be yielding insignificant results. Effective reforms to control corruption in public procurement systems must be sustainably participative and inclusive of all essential stakeholders in the society. Most importantly, the preconditions for achieving a sound public procurement system are integrity and commitment to good governance practices through the provision of well- designed legislation and supporting regulations and review processes. INTRODUCTION Corruption has become a leviathan of the Nigerian culture in public administration, and it is the single most important cause of waste and inefficiency in Nigeria’s public sector (Heilbrunn, 2004). Even with an improved performance in 2008, Nigeria was scored 2.7 of a maximum of 10 points and was ranked 121 of 180 in order of corruption by Transparency International (TI, 2008). There is an inverse relationship between corruption and economic growth (Gonzalez de Asis, 2000) because it is a costly diversion of scarce resources and an impediment to development effectiveness (Oyejide, 2008). Resources and funds that could go into infrastructure, education, and other essentials integral to developme nt end up lining someone’s pocket due to the effects of corruption. This negative behaviour causes lost jobs and income, and scares away investment that could bring new prosperity to the country (Sullivan, 2000). ------------------------------ * Joseph K. Achua, Ph .D., is a Senior Lecturer, Department of Accounting, Benue State University, Makurdi-Nigerai. His research interests are in ethical accounting, corporate finance and public finance.  Copyright © 2011 by PrAcademics Press 

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JOURNAL OF PUBLIC PROCUREMENT, VOLUME 11, ISSUE 3, 323-353 FALL 2011

ANTI CORRUPTION IN PUBLIC PROCUREMENT IN NIGERIA:

CHALLENGES AND COMPETENCY STRATEGIES

Joseph K. Achua*

ABSTRACT . Public procurement provides a fertile ground for corruption in theNigerian public sector. Reforms to create an effective public procurementsystem, which have been almost exclusively the government’s affair, seemto be yielding insignificant results. Effective reforms to control corruption inpublic procurement systems must be sustainably participative and inclusiveof all essential stakeholders in the society. Most importantly, thepreconditions for achieving a sound public procurement system are integrityand commitment to good governance practices through the provision of well-designed legislation and supporting regulations and review processes.

INTRODUCTION

Corruption has become a leviathan of the Nigerian culture inpublic administration, and it is the single most important cause ofwaste and inefficiency in Nigeria’s public sector (Heilbrunn, 2004).Even with an improved performance in 2008, Nigeria was scored 2.7of a maximum of 10 points and was ranked 121 of 180 in order of

corruption by Transparency International (TI, 2008). There is aninverse relationship between corruption and economic growth(Gonzalez de Asis, 2000) because it is a costly diversion of scarceresources and an impediment to development effectiveness (Oyejide,2008). Resources and funds that could go into infrastructure,education, and other essentials integral to development end up liningsomeone’s pocket due to the effects of corruption. This negativebehaviour causes lost jobs and income, and scares away investmentthat could bring new prosperity to the country (Sullivan, 2000).------------------------------* Joseph K. Achua, Ph.D., is a Senior Lecturer, Department of Accounting,Benue State University, Makurdi-Nigerai. His research interests are in ethicalaccounting, corporate finance and public finance.

Copyright © 2011 by PrAcademics Press

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Corruption is also a symptom of deeper political leadership problemsat the state level (Heilbrunn, 2004) because it is a failure of social,

judicial, political and economic institutions in the society (Hart, 2009).

Though government activities create a fertile ground forcorruption (Tanzi, 1998), public procurement has increasinglybecome a fertile ground for this “monster” of corruption (Basheka,2009). It has been noted that 70 percent of Nigerian enterprises paygraft to secure government contracts which are usually worth about 1to 15 percent of the contract value (National Integrity Systems,2004). The Auditor-General’s Report for 2001 financial year-endrevealed irregularities in most audited institutions and federal bodies

because ofover-invoicing, non-retirement of cash advances, lack of auditinspection, payment for jobs not done, double-debiting,contract inflation, lack of receipts to back up purchasesmade, brazen violation of financial regulations, release ofmoney without the approving authority’s involvement … withinthe reporting period (National Integrity Systems, 2004 p.32).

About 69 Ministries, Departments and Agencies (MDAs), includingthe Presidency and the National Assembly, were indicted by thereport. Subsequent Auditor-General’s Reports up to 2006 have notbeen any better. In 2003 some government officials were charged incourt for inflating for the National Identity Card Scheme in just asingle contract by as much as $2.5 million.

These crimes continue to happen in spite of ongoing governmentreform efforts of using due process “to reduce the scope of corruptionin public procurement and so improve the efficiency in themanagement of Nigeria’s public expenditures.” (Ekpenkhio, 2003, p.1). It was thought that the sanitization of procurement in Nigeriawould entrench a new culture of re-engineering to pave the way forchanges in the processes of procurement and contracting in thepublic sector. However, in view of Nigeria’s poor history of effectiveimplementation of statutes and economic policies (Achua, 2009a),and with the benefit of hindsight, there are concerns that the reforms

to ensure anti-corruption in public procurement may not yield theexpected results. Given this apprehension, this paper reviews thepublic procurement system reform in view of the endemic corruptionin Nigeria, stresses the inherent challenges and projects strategies tomake the reform effective, efficient and sustainable.

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HISTORICAL PERSPECTIVE OF PUBLIC SECTOR PROCUREMENT IN NIGERIA

Evidence of public procurement dates from the period between2400 and 2800 B.C. in Syria and 800 B.C. in China and Greece (Thai,2001). In Nigeria, the practice of public sector procurement datesback to the colonial days between 1885 and 1914 (Kolawole, 2005).Then, the function was specifically located in the Ministry of Workswhich was largely responsible for provision of infrastructure in otherministries and public places such as roads, housing, transport, officefurniture and fittings, and so on. This department operated under theStores Section. The Stores was an exclusive reserve for public officersof proven integrity who worked under conditions of strict probity and

accountability. This restriction was to ensure efficiency, cost-effectiveness and focus on public value-for-money and satisfaction.By the time Nigerians took over from the colonial powers atindependence in 1960, the policies, rules and procedures of publicprocurement were so stringent that a staff member posted to Storessaw the transfer as a punishment (Adegbola, et al., 2006). Untilindependence, Stores’ function was not regarded as a specializedcareer function. While the Stores function was professionalized laterin the public sector in the UK in 1967, it was almost ten years laterthat the structure, job grading and responsibilities to the Store classwere specified in Nigeria via Federal Establishment Circular No.8/1466/VII/79 of 19 th February 1976. The Stores class was further

given a boost in the Revised Financial Regulations of 1979 (chapter40, section 4002(a)) by including Heads of Stores in the membershipof Departmental/Divisional Tenders Boards. Following much agitationthereafter, Decree 43 of 1988 established Supplies cadre up to thepost of Deputy Director (Supplies) with the materials managementconcept, putting Purchasing and Stores under one umbrella.However, when accountants, pharmacists and engineers were gradedunder Professionalization of the Public Service, the purchasing andsupplies function was ironically reversed while other professionalsmaintained their status. Thus, Stores’ function wasdeprofessionalized in the Nigerian public sector at a time othercountries were making it a professional career. The Britishgovernment, for example, issued a White Paper in 1995 stating thatthe Chartered Institute of Purchasing and Supply’s (CIPS) professionalqualification was to be the standard of attainment for staff makingprocurement their main career (Adegbola, et al., 2006).

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Global acceptance of the Japanese model of just-in-time (JIT),which aims at eliminating waste and preventing the tying up of hugeamount of money in stock and the associated storage costs, in theearly 1990s had its impact on public sector procurement reforms atthat time. The philosophy emphasized the importance of establishing“just-in-time” purchasing and supplies in order to reduce inventorylevels, reduce inspection and produce better products. Sequel to thisdevelopment and with the oil boom in Nigeria, the culture of externalcontracting in the public sector developed. The public procurementfunction was eventually decentralized and procurement was ceded toexternal contractors who bid for the contracts by way of tender. Thisled to the establishment of departmental and public tender boards. Inprinciple, these boards were meant to act as checks on abuse of theprocurement process. Over time, however, the tender boardsallegedly promoted corruption, instead of checking it (NationalIntegrity Systems, 2004). This was no longer in line with the principlesof JIT which “has to be seen as an organizational philosophy whichrequires changes in attitude within firms and systems of firms.”(Linge, 1991, p. 316). Obinna (1997) notes that the use of contractawards for execution of national projects from 1970, arguably forexpediency, helped in breeding the culture of excessive costs, corruptmanagement and ill-considered contracts.

There are also institutional and structural problems with thepublic procurement reforms. Until 2007, the reforms were notsupported with specific Acts of the National Assembly in Nigeria.Traditionally, the Federal Ministry of Finance issued FinancialRegulations (FRs) which regulated and delegated the responsibilitiesof public procurement and financial management at the federal level.Since the FR is not a law or an Act of similar authority, but anadministrative document, it could be amended without regard tofundamentals and even be used as a political tool by the Ministry ofFinance. With time, the power of the Federal Ministry of Finance inregulating public procurement was eventually undermined. Circularsand guidelines regarding procurement were issued by manyadministrative bodies both at federal and state levels. This led to aproliferation of circulars that were issued at federal and state levelsby different public bodies with the purpose of clarifying elements ofthe FRs on public procurement matters. For example, the Presidencyissued circular (SGF/OP/l/S.3/T.1/172) of 11th October, 2000,spelling out the "policy guidelines" for the federal administration

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which included an update of thresholds for different tender boardsand a policy of open competitive tender. Consequently, publiccontracts award criteria were only protected by the goodwill of thegovernment in power at any given time. The multiplicity of circularsand guidelines from diverse sources pertaining to public procurementwas a clear symptom of the major shortcomings in the FRs whichcreated confusion and loopholes that were readily exploited. Therewas therefore an urgent need for procurement reforms to establish“due process” in the Nigerian public sector. In response, the federalgovernment issued New Policy Guidelines for Procurement and Awardof Contracts in Government Ministries/Parastatals (Circular F. 15775of 27th June, 2001).

In furtherance to public procurement reform efforts, the federalgovernment commissioned the World Bank to collaborate with someprivate sector specialists to study financial systems and generalprocurement-related activities in the country, and assist with aprocess of attaining efficiency, accountability, integrity andtransparency in government procurement and financial managementsystems (Ekpenkhio, 2003). Subsequently, the government acceptedthe Country Procurement Assessment Report (CPAR) with someexceptions (Oguonu, 2005). The exceptions included clauses toexclude registration of contractors and involvement of political officeholders in the award of certain contracts. The objective of the original

report was “to reduce the scope of corruption in public procurementand so improve the efficiency in the management of Nigeria’s publicexpenditures” (Ekpenkhio, 2003, p. 1). Rather than curtail, thetampering with this aspect of the CPAR’s recommendationsreinforced the fear that “all the elements that enhance efficiency,reliability and continuity of the system have been tampered withresulting in major and severe setbacks for the conduct of governmentbusiness” (Ekpenkhio, 2003 p. 1). Consequently, the resultingreforms have been apparently captured by the politicians whoseseeming apathy for probity and transparency is suspicious in Nigeria.For instance, three Senate Presidents and one Speaker of the Houseof Representatives were removed from office between 1999 and2007 for corruption usually garbed in public procurement (Achua,2009b).

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CORRUPTION AND THE NIGERIAN ENVIRONMENT

Corruption is the misuse of public office for private gain(Sandholtz & Koetzle, 2000). It is perpetrated through bribery,extortion, influence peddling, nepotism, fraud, speed money orembezzlement (UNDP, 1999). Speed money implies a fast and cheapway for making quick money illegally. These seven major forms ofcorruption apply to both the public and private sectors (Quah, 2009).In its various dimensions and a wide range of unethical conduct,corruption also includes misappropriation, indiscipline, abuse ofoffice and moral tepidity, among other unethical behaviour. Forcorruption to take place, the action must be intentional, in conflict

with the public service performance objectivity principle, andrecognizable benefits derived from the act (Søreide, 2002). Hart(2009) devises a simple equation which identifies the causes ofcorruption as follows:

Corruption = (Monopoly + Discretion) – (Accountability + Integrity+ Transparency)

Thus, corruption manifests where government’s influence anddiscretion of public officials is preponderant, and accountability,integrity and transparency are absent. Several other factors areresponsible for corruption. Quah (1999) finds that corruption thriveswhen workers (i) are paid meager salaries (ii) have ampleopportunities for corruption; and (iii) are unlikely to be caught and arenot severely punished even if they are caught. In addition toconfirming these hypotheses, Sandholtz and Koetzle (2000) findother factors of corruption to include (i) a high degree of state controlof the economy, (ii) weak democratic norms and institutions, and (iii)a low degree of integration in the world economy. Greed has alsobeen identified as a motive for corruption in resource abundanteconomies, especially where the political leadership hasopportunities to insulate itself from predatory elements within thesociety (Heilbrunn, 2004). Conflict and post-conflict conditions alsobreed grounds and opportunities for corrupt behavior as publicofficials take advantage of the confusion to divert resources (Senior,2006). All these factors appear to be dominant components ofbureaucratic culture in Nigeria. Table 1 contains some specificallyidentified causes of corruption in Nigeria.

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TABLE 1Causes of Corruption in Nigeria

1 Prolonged military rule and the culture of impunity, which becameinstitutionalized.

2 Absence of commitment on the part of government to fightcorruption as evidenced by the “sacred cow syndrome”, as well asfailure to investigate and prosecute glaring cases of corruption.

3 Weak anti-corruption and watchdog agencies and otherenforcement mechanisms.

4 Inadequate legal framework with the absence of freedom ofinformation and whistle blowers’ legislation.

5 The role of tribalism\ethnicity and religion in national politics.Ethnicity and religion breed divisive tendencies, making it difficultto nurture true cohesion and to build resistance to corruptionwithin the polity.

6 Elastic tolerance for corruption fostered by socio-cultural normsand attitudes towards public property that were nourished undercolonialism.

7 Distortion of the African principle of hospitality and exchange ofgifts.

8 Poverty and the dearth of basic public services, infrastructure andutilities, leading to the denial of a platform for self-actualizationdue to the corrupt diversion of the nation’s resources.

9 Mismanagement of oil resources as evidenced by theostentatious life styles and flaunting of wealth by the political eliteand their apologists.

Source: Adapted from National Integrity Systems (2004 p. 12).

Osisioma (2001) observes that corruption is capable of changingits colour, shape, size and modus operandi to achieve its parochialinterest. Corruption is, indeed, an ethical problem.

The bane of Nigerian economy has been the work ethic of theNigerian worker. His corrupt and fraudulent propensity, his

lack of zeal in discharging organisational functions, his basicunreliability, do not stem from lack of skills, abilities, orcompetence. His attitude to work has coloured everything hedoes. The average Nigerian worker is exploited by bothgovernment and entrepreneur: that is very true. But more

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importantly, the average Nigerian worker wants more for lesswork. He lacks commitment to organisational goals andobjectives. He is only at his best when he is working forhimself. Neither productivity nor excellence means anythingto him; his creed is simply, “I, me and my” (Osisioma, 2001, p.4).

“Perhaps a self-serving explanation or escape valve is to blamethe faceless legendary hydra-headed monster called the ‘NigerianFactor’.” (Osisioma, 2001, p. 7). Corruption and misrule hardly getpunished, but rather seem to be rewarded in Nigeria. For instance,Tafa Balogun, the former Inspector-General of Police in Nigeria was

jailed for only 12 months for corruption involving over N11 billion(Okoye, 2006)! Apparently, the high level of corruption has beenaccentuated by the way the state treats those evidently found to beinvolved in corrupt practices. As noted in the case of Bangladesh,which almost exactly replicates the Nigerian situation today:

First, bureaucrats involved in corrupt practices in most casesdo not lose their jobs. Very rarely they are dismissed fromservice on charges pertaining to corruption. Still rarely theyare sent to prison for misusing public funds. They have neverbeen compelled to return to the state their ill-gotten wealth.Second, the law-enforcing officials including police personnelare extremely corrupt. They are happy to share the booty with

other corrupt bureaucrats. Third, the people have a tendencynot only to tolerate corruption but to show respect to thosebureaucrats who made fortune through dubious means. …Fourth, it is easier for a citizen to get quick service becausehe has already “paid” the bureaucrat rather than wait for histurn (Khan, 1998, p. 36).

Akpa (2006, p. 7) rightly observes that the “pervasive incentivestructure for corruption in Nigeria” is such that “everyone condemnsit and yet it persists and flourishes.” For example, Oguonu (2005, p.2) quotes former President Olusegun Obasanjo as saying that until1999:

Nigeria … had practically institutionalized corruption as thefoundation of governance. Hence institutions of society easilydecayed to unprecedented proportions as opportunities wereprivatized by the powerful. This process was accompanied, asto be expected, by the intimidation of the judiciary, the

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subversion of due process, the manipulation of existing lawsand regulations, the suffocation of civil society, and thecontainment of democratic values and institutions. Powerbecame nothing but a means of accumulation and subversionas productive initiatives were abandoned for purelyadministrative and transactional activities. The legitimacyand stability of the state became compromised as citizensbegan to devise extra-legal and informal ways of survival. Allthis made room for corruption.

In spite of the rhetoric, the situation was hardly any better, if notworse, when the same Obasanjo handed over the mantle of

leadership to President Yar’Adua in a manner that was flawed withpolitical corruption (Omonijo, 2008).

“Similar to other systems, the public procurement system's abilityto accomplish procurement policies’ goals is influenced by itsenvironment, and in turn, influences its environment” (Thai, 2001, p.32). The present disposition of the Nigerian government towardscorruption remains a stumbling block to the success of anti-corruption crusade. Like the lamentation of the Philippines’ corruptcondition in the mid 1990s:

We have all the laws, rules and regulations and especiallyinstitutions not only to curb, but to eliminate corruption. The

problem is that these laws, rules and regulations are notbeing faithfully implemented. ... I am afraid that many peopleare accepting (corruption) as another part of our way of life.Big-time grafters are lionized in society. They are invited to allsorts of social events, elected and re-elected to governmentoffices. It is considered an honor—in fact a social distinction—to have them as guests in family and community affairs(Balgos, 1998, pp. 267-268).

Thus, the corrupt Nigerian environment makes effective anti-corruption in public procurement a herculean task.

CORRUPTION IN PUBLIC PROCUREMENT IN NIGERIA

Corruption remains one of the key factors that distorts theeffective delivery of public services in developing countries and at notime can it be described as a “gift” to development (Basheka, 2009).Generally, as much as 20-25 percent of public spending on

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procurement is lost due to leakages and malpractices in developingcountries (Falvey et al., 2007). Consequently, over 70 percent ofdeveloping countries have embarked on procurement reforms tomeet international best practices in procurement and award ofcontracts (Adegbola et al., 2006). Particularly in Africa, corruptioncontinues to be an important obstacle to political and economicdevelopment (Basheka, 2009). Therefore, African countries areincreasingly embracing international best practices in procurement asa fillip to anti-corruption reforms (Bryane, 2004).

In Nigeria, in spite of the huge government budgets over the yearsfor the provision of goods and services, there has been a discernibly

wide expectation gap (Achua, 2009b). The CPAR about Nigeria (WorldBank, 2000) revealed that the greatest amount of financialcorruption resides in the nation’s procurement system. The reportconfirmed the suspicion that there were operational problems in themanagement and administration of the nation’s procurement andcontract system. The outcome was the establishment of “dueprocess” to ensure that public procurement is competitive andtransparent. This appeared to have produced an encouraging initialresult as N102 billion (about $700 million at the 2009 averageexchange rate), about one third of the 2004 annual capital budgetprovision, and not less than five times the capital budget for health inany given year was saved in a single year (Oguonu, 2005). As a follow-up, the government circular dated 28 th January in 2005 directed allMDAs to establish procurement departments to handle theirpurchases. This eventually resulted to the enactment of the PublicProcurement Act of 2007. The demand for tighter control over publicspending and more efficient acquisition processes has madeprocurement a key public function (Piga & Thai, 2006).

Public procurement connotes all kinds of acquisitions of publicgoods and services (Søreide, 2002). Hence, public procurement is all-encompassing such that it affects every naira and kobo spent by thegovernment. All governmental activities entail the procurement of acategory of goods or services of some sort. The acquisition may beunder formal contract or not, of works, supplies and services by

public bodies. It ranges from the purchase of routine supplies orservices to formal tendering and placing contracts for largeinfrastructural projects by a wide and diverse range of contractingauthorities. Essentially, therefore, the execution of the government’sannual budget involves the procurement and contract system to the

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extent of the budget’s accomplishment. Hence, vast amounts ofmoney are expended and the system is supposed to ensure that thepublic funds are used in the most efficient and economic way andthat the system delivers the best value for money. However, theproblem of corruption varies with categories of public procurement.The extent of vulnerability of procurement to corruption depends onthe category involved. Procurement categorization could be based onnature, size and complexity of the goods and services involved.

Empirically, application of procurement rules appears to reduceprices by around 30 percent because effective public sectorprocurement contract system hinges on a desired degree of

transparency, integrity, competence, competition, and value formoney (Adegbola et al., 2006). Considering the magnitude of publicprocurement and the tight budgets usually experienced in Nigeria, asaving of 30 percent on government purchases can be extremelybeneficial. The nation can, therefore, make reasonable savings toattend to her social and economic development programmes whichinclude employment generation, wealth creation and povertyalleviation through prudent procurement and contract system.However, the procurement and contract system reforms seem tohave recorded a limited success in Nigeria because the process is sopervasively vulnerable to fraud and corruption that it is not restrictedto procurement staff but is experienced in virtually all segments of

government administration. For example, the Apex Bank contractedthe minting of N5 notes at the cost of N8 each (Komolafe, 2005) andended up spending about $100 million a year on importation ofcurrency notes (Uwah, 2002) between 2002 and 2007. Not only thatthe high cost of currency notes importation was the main reasongiven by the CBN for introducing N500 and N1000 currency notes,and reducing N1 denomination to coins, the exercise has become thesubject of the “Polymer Scandal” involving a N750 million (about$5.2 million at 2009 average exchange rate) bribe (Alli, 2009).

Typically, public procurement corruption takes place during theplanning (budgeting) and execution stages which Tanzi (1998) refersto as political or high level and administrative or bureaucratic

corruption respectively. Governments’ budgets may not betransparent enough to enable accountability in management of publicfunds. Nigeria’s Open Budget Index (OBI) score is 19 points out of amaximum of 100 points score, and is ranked 61 out of 85 countries

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surveyed for 2009 in order of openness (Ramkumar, 2009), asituation that exacerbates procurement corruption at the policy level.

Even with the procurement rules and regulations, there is spottyevidence that contracts are made and paid surreptitiously andclandestinely to satisfy vested interests at the administrative level.For example, Halliburton paid a whopping $579 million fine in a UScourt for paying about $182 million in bribes to Nigerian governmentofficials to win a six-billion dollar contract in Nigeria (Butty,2009). Given the prevalence of inflated contracts in Nigerian publicprocurement (Adegbola et al., 2006), this amount could probablyhave been eventually built into the contract sum, thereby depleting

the public treasury.It is obvious that the processes, procedures, and guiding rulesfor the award and executions of public contracts for theprocurement of materials, goods, works and services aregrossly abused to the detriment of the nation’s developmentefforts. It is evident that there is over-invoicing forprocurement, inflation of contract costs, proliferation of whiteelephant projects and mass diversion of public funds throughall forms of manipulations of procurement and contractprocesses leading to acquisition of substandard goods andlow quality services. Considerable portion of the publictreasury is lost due to poor contracting system which

accommodates opaqueness, influence peddling, inefficiency,inflated costs and other incidences of corruption (Adegbola etal., 2006, p. 7).

The handling of the Petroleum Trust Fund (PTF) established by theAbacha administration provides a typical example. “Dr. HarunaAdamu’s interim report says that N135 billion out of the N146 billionwas squandered, possibly through over-invoicing, over supplies,supplying expired materials, wrong priorities, settling troubled spots,like the army and the police, and blatant thievery” (Maduagwu, 2004,p. 6). The dishonest attitude of public sector accountants and theirfraudulent practices worsen the situation. “Public sector accountantsby their sloppy attitude to standard professional ethics and practicehave provided a cover for dishonest public officers to loot governmenttreasuries at all levels” (Onochie, 2006, p. 27).

Another important stage of corruption in the procurement systemis the contract monitoring and evaluation stage. A corruption-free

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procurement process envisages effective monitoring and auditing.Unfortunately, as shown in Table 2, audit reports are delayedunconstitutionally in Nigeria and hardly receive the desired attentioneven when eventually presented to the legislature (Achua, 2009c),thereby vitiating the potency of the Office of Auditor-general andreducing it to a toothless bulldog. This reduces the opportunitiesavailable to civil society and the public to use the audit information toadvocate for improvements (Ramkumar, 2009). Consequently, theabsence of public accountability from the administrative principlesand “a reduced capacity of the Auditor-General” all contribute to thesituation which has vitiated the efficacy of monitoring and evaluationin the public sector (SLGP, 2003 p.9). The age-long maxim that“without audit, no accountability; without accountability, no control; …great issues often come to light only because of scrupulousverification on issues.” (Machenzie, 1966 p. iv) is relevant here. Thus,budget formulation, execution and audit phases are typicallycharacterized by a low level of transparency in Nigeria (Ramkumar,2009), making the entire procurement process vulnerable tocorruption.

TABLE 2Status of Annual Statements of Public Accounts

FinancialYear

Date AFSsubmitted by

OAGF to OAuGF

Date Vol. I Reportsent to NASS by

OAuGF

Date Vol. II Reportsent to NASS by

OAuGF

PACReportIssued

2002 Reports receivedat various dates

from MDAs January 28, 2004 March 3, 2008 Not yet

2003 “ August 31, 2005 April 17, 2008 Not yet2004 “ March 16, 2008 April 17, 2008 Not yet2005 “ March 6, 2007 May 8, 2008 Not yet2006 September

2007July 9, 2008 July 4, 2008 Not yet

2007 Not yet Not yet Not yet Not yet2008 Not yet Not yet Not yet Not yet

Sources: Auditor-General’s Annual Accounts of the Government of theFederation (various years).

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The problems of a procurement and contract system in theNigerian public sector are associated with the nature of the Nigerianenvironment, the culture, the nature of politics and attitudes ofpoliticians, the structure of procurement functions in the MDAs, andthe level of professional competence of those in charge of thefunction (Adegbola et al., 2006). Events may be pointing to the factthat the Public Procurement Act has become a mere policy tool forachieving political objectives. There is an urgent need to protect thecommonwealth from poor performance and fraud, and to protectindividuals from lawless, arbitrary, and capricious actions by thestate's surrogate administrators. Reinvention of governmentalmechanisms to herald the desired governmental accountability in thepublic service is imperative in this regard (Achua, 2009c).

STRATEGIES FOR SUSTAINABLE ANTI CORRUPTION COMPETENCIES

Like other developing countries, Nigeria embraced anti-corruptionreforms which culminated in the establishment of comprehensivelegal frameworks with the enactment of Corrupt Practices and OtherRelated Offences Act No. 5 of 2000, Economic and Financial CrimeCommission (Establishment) Act No. 5 of 2002, Fiscal ResponsibilityAct of 2007 and Public Procurement Act of 2007. The Actsrespectively established the Independent Corrupt PracticesCommission (ICPC), Economic and Financial Crimes Commission

(EFCC), Fiscal Responsibility Commission (FRC) and PublicProcurement Commission (PPC). However, the report cards of theseanti-corruption agencies in curbing corruption in public procurementhave not been impressive, thus, raising questions as to whetherexpressed commitments have been genuine.

Even when a procurement regulation is able to close off a numberof loopholes, it cannot address the wider causes or prevalence ofcorruption (Trepte, 2005). Corruption is a complex phenomenon thatis almost never explained by a single cause such that the fightagainst it must be pursued on many fronts (Tanzi, 1998). For thisreason, ensuring a successful anti-corruption in public procuremententails a systematic approach to curb the systemic corruption in thesystem. It is, therefore, especially important that a practicable,effective and sustainable means is available to deal with corruptionfrom preventative, investigative and reform perspectives (Doig,2006). The following have been outlined as imperatives for

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addressing the problem of corruption in public procurement inNigeria.

Political Commitment to Anti corruption

Corruption is principally a failure of governance (Lederman,Loayza & Soares, 2005). For anti-corruption efforts to defyinstitutional failure, the political leaders must be sincerely committedto minimizing corruption. As the principal agents of corruption,politicians can change a culture of corruption if they wish to do so(Senior, 2006). Indeed, political will is “the most importantprerequisite as a comprehensive anti-corruption strategy will fail if it

is not supported by the political leadership in a country” (Quah,2003a, p. 181). Therefore, the tone of anti-corruption at the top mustbe both genuine and credible (Iyer & Samociuk, 2006), and should beseen to be aspiring to reach the national values as enshrined in theconstitution.

Good governance should start from the top, with the politicalleadership setting the best example by clearly demonstratinga firm commitment to responsible policies and practices. Atthe same time, this example should permeate all branches ofthe administration, the judiciary, and society at large toensure that public sector and corporate operations areconducted in an irreproachable manner and forms ofcorruption are shunned (Calamitsis, 2001, p. 13).

As a prerequisite for defying institutional failure of an anti-corruptionagency, the political leaders must be sincerely committed tominimizing corruption and not just pay lip-service to it (Quah, 2003b).According to Chua (2002, p. 3), “it is far easier to have a good, cleangovernment administering a good, clean system than it is for a goodanti-corruption agency to clean up a corrupt government and acrooked system.”

Motives for establishing such agencies include a leader’sgenuine concern with the adverse developmental impact ofcorruption and a perception that any effort to reduce

corruption succeeds only through the creation of a specialagency to expand customary police powers. However, asNigerian President Obasanjo’s experience demonstrates, fewpolitical leaders are able to bind themselves effectively to

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anti-corruption reforms over an extended period of time.Before too long, strong entrenched interests militate againstthe commission rendering it impotent or a tool to represspolitical opponents. In other circumstances, commissionsrepresent little more than a perverse effort to signalcommitment to international investors and donors (Quah,2008, p. 3).

An anti-corruption agency in a country can only be effective if it issupported by a government that is sincerely committed to eradicatingcorruption and permitting the investigation of corruption caseswithout political interference in the country. An anti-corruption agency

is not a magic bullet that can eradicate corruption. In fact, an anti-corruption agency is a double-edged sword that can be used by agovernment for both good and evil. The anti-corruption agency can bean asset and a powerful weapon against corrupt politicians, civilservants and business persons. It is imperative to evolve a credibleelectoral system that allows citizens to hold politicians accountable atthe polls, and a governance system that permits the flourishing ofopposing political parties which act as checks and alternativegovernments.

The Importance of the Third Sector in Sustaining Anti corruption

Reforms are made in organizations and procedures because the

people involved in or affected by those organizations and proceduresdecide that changes are needed. This realization has prompted manycivil society organizations (CSOs) to press for change. Civil society hasa crucial role to play in the anti-corruption crusade becausecorruption is a failure of systems that should be serving the publicand safeguarding public assets. Corruption is a violation of citizens’trust. CSOs and non-governmental organizations (NGOs) constitutethe main components of the third sector (see Table 3).

Each sector has an indispensable role to play in publicprocurement reforms. The market produces goods and services, andprovides the mechanism for free competition. The state establishesthe framework, rules and regulations, and enforces same. The thirdsector is characterized by voluntary collective actions around sharedinterests, purposes and values. “In theory, its institutional forms aredistinct from those of the State, family and market, though in

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TABLE 3Composition of Sectors

Sector Composition Private The MarketPublic The StateThird Civil Society Organizations (CSOs), Non-governmental

Organizations (NGOs), Community-Based Organizations(CBOs), Charities, and so on.

Adapted from Framjee (2009, p. 3).

practice, the boundaries between State, civil society, family andmarket are often complex, blurred and negotiated.” (Framjee, 2009p. 8). It has shaped reforms in several countries and broken thevicious cycle of corruption. The legendry Gani Fawehinmi is fondlyremembered for his dogged social crusade and the landmarkachievements he made in reforming the Nigerian society, even as anindividual.

Community-Based Organizations (CBOs) are also important, as averitable component of the civil society, in strengtheningtransparency and accountability. CBOs are emerging progressive,participatory, indigenous or community-based development

alternatives of social emancipation through social regulation.“Community mobilization” is premised on existing cultural-politicallogics and historical experience of African socialism (Lewis & Mosse,2006). The huge investment in the amnesty for militant CBOs in theNiger Delta underscores their importance in Nigerian polity andreforms.

According to Framjee (2009), the main weaknesses of the thirdsector in Nigeria include (i) competition among CSOs for resources,(ii) diversity of representation, (iii) a need for capacity-building, (iv) lowlevels of awareness, (v) illiteracy, (vi) a low level of public policyimpact, and (vii) corruption in governance. These constraints have tobe tackled to make the crusade of public procurement anti-corruption

effective.

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Developing and Sustaining Coalition Building Mechanisms

In addition, anti-corruption crusades need to be complemented bycoalition and consensus-building efforts to generate public concernfor public reforms, and public support for specific initiatives taken bypoliticians and special interest groups with a stake in their outcomes.Coalition building is forging a commitment to public procurementreform among society's leaders from various sectors (Asselin, 1996).It is reflective of all stakeholders at the national, state and local levelsincluding governments, CSOs, NGOs, CBOs, and is essential insustaining anti-corruption strategies. It enhances the sustainability ofreforms and increases the propensity of citizens’ participation in

government as well as demonstrates a strong partnership with thecivil society in the drive to enhance efficiency, equity andtransparency (Gonzalez de Asis, 2000). This is part of constituencybuilding which is the process of mobilizing support from non-governmental interest groups and concerned government officials forspecific reforms (Asselin, 1996). Greater civic engagement may leadto closer monitoring and hence conditions that do not allow for publicscrutiny often provide more opportunities for corruption. All obstaclesmust be removed for the third sector to play its supplementary role inshaping public procurement reforms. In democracies, manyindividuals, groups, and organizations in the private sector includingtrade associations, professional associations, and businessorganizations are actively involved in all aspects of the publicprocurement system (Thai, 2001). In Nigeria, however, anti-corruptionefforts in public procurement so far have been almost exclusively agovernment’s affair without much involvement from otherstakeholders.

The Media

Political stability and freedom of press are all associated withlower corruption (Lederman, Loayza & Soares, 2005). Freedom ofinformation (FoI) engenders civil society, public interest groups,investigative journalists and others with a mission and the right toexpose abuses. FoI implies the right to gather, transmit and publish

news anywhere and everywhere without fetters. Disablement ofcitizens from inquisition into and participation in the governanceprocess of Nigeria by the extant legal structure is a seriousimpediment to public procurement accountability. Efforts to rectifythese deficiencies in the legal structure were always thwarted by the

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ruling class on the claim that it would undermine secrecy ingovernance. Now that FoI has become part of the nation’s statute,the citizenry is expected to be empowered to probe into the waywhich their leaders, past and present, conducted the public’sbusiness. No meaningful war can be waged against corruption wherethe citizens are denied access to information. Governments whichshackle the media do so to encourage corruption (Palmier, 1985). Itis expected that the FoI will make coalition building much moreeffective in the fight against public procurement corruption in thecountry.

Whistleblowing Protection

Fundamental mechanisms, such as the use of voice, foraccountability are either not available or not functioning well inNigeria. The public's use of voice can be viewed as complementingand reinforcing the government's mission as there are limits to thelatter's ability to achieve public accountability on its own. Paul (1994)presented detailed empirical evidence on the influence of the public’suse of "voice" on service provider accountability. There is a widerrange of voice mechanism that can be used by citizens to improveaccountability in public governance. This includes effectivewhistleblowing. Unfortunately, whistleblowers are punished,blackmailed, go broke and their lives are ruined for challenging

betrayals of the public trust (Robinson, 1998). A whistleblowingprotection law should be legislated to shield government workers whomake disclosures regarding illegality, abuse of authority, gross wasteand gross financial mismanagement in Nigeria. Whistleblowing is anessential apparatus for maintaining the integrity of publicaccountability. This would complement the proposed FoI Act andstrengthen the public procurement anti-corruption fight. The civilsociety needs to be supported and protected in their quest topromote accountability and transparency.

Punishment and Asset Recovery

Corruption is immoral as well as illegal. It is a crime of calculation.

Individuals weigh the benefits and the costs of giving and takingbribes, making it is difficult to combat when the benefits areperceivably higher (Klitgaard, 1999). Lack of accountability as itrelates to answerability and enforcement in Nigeria has contributed to

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the high level of corruption in Nigeria. Governmental accountability isthe duty of public officials to report their actions to the citizens, andthe right of the citizens to take action against those officials whoseconduct the citizens consider unsatisfactory (Barker, 2000).Punishments for criminal malfeasance are obviously a relevantdeterminant to curtail corrupt behaviour. It is important to noteAlatas’ (1991) argument that an important cause of the pervasivecorruption in the collapse of the Soviet Union was the lack of fear ofpunishment among the corrupt officials when he states the following:

Cases of high-level corruption are rarely truly punished. Theregime has always been permissive towards its ruling elite.

Corruption has developed to the extent that offices can bebought, as newspaper accounts reveal. Involvement of thehighest leadership in turn causes permissiveness towardscorruption. This is the greatest cause of its perpetuation (p.121).

Nigerians should no longer shy away from a critical reform ofhabits, practices, values, traditions and institutions which have forlong kept the nation at the rear of the development ladder (Adeyemo,Salami & Olu-Adeyemi, 2008). Corruption may even adapt itself toefforts to defeat the reforms if there is no change in attitudes(Klitgaard, 1999). Anyone found guilty of corruption must bepunished, regardless of his or her position or status in society. If the

“big fish” (rich and famous) are protected from prosecution forcorruption, and only the “small fry” (ordinary people) are caught, theanti-corruption agencies lack credibility and will fail (Quah, 1999). TheOffice of Auditor-General (at the federal and state levels) has anindispensable role to play in fishing out the culprits as a way ofensuring anti-corruption in public procurement.

In addition to the need for appropriate punishment for convictedfraudsters, the return of assets is a fundamental principle of anti-corruption. Unfortunately, the process for returning stolen assets hasbeen characterized by high costs, lengthy delays, non-cooperative

jurisdictions and in many cases political impediments. The judiciaryshould cooperate with anti-corruption agencies in ensuring thatstolen property is returned to its rightful owner and in curbing thewanton plunder of billions of naira of national wealth. As a necessity,therefore, priorities in effective anti-corruption efforts must includeentrenched rules of law (Huther & Shah, 2000).

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Entrenching a Competitive Procurement System

Corruption enhances inefficiencies and reduces competitiveness.It may limit the number of bidders, favour those with insideconnections rather than the most efficient candidates, limit theinformation available to participants and introduce added transactioncosts. Competitive public procurement policy is a set of measuresemployed by government to ensure a fair competitive marketenvironment for acquiring goods and services. There is someevidence that lack of competition in the public procurement systempromotes costly inefficiencies in public performance, and thatmeasures to support competition policy enhance the efficiency of

public procurement (Falvey et al., 2007). Competitive sourcing inpublic procurement is expected to encourage innovation as well asimprove efficiency and performance (U.S. Government AccountabilityOffice, 2005). An effective public sector procurement contract systemhinges on a desired degree of transparency, integrity, competence,competition, and value for money. Therefore, market conditions havea great influence over the public procurement system's effort tomaximize competition, and the market determines whether or notsocio-economic objectives of procurement are accomplished.However, due to different levels of economic growth among countriesin the world, market conditions impact differently on publicprocurement in industrialized countries and in developing countries

(Thai, 2001).

Increased Research in Public Procurement

There have been calls to support CSOs to carry out research andadvocacy on corruption in research areas that need attention,including public procurement and contract awards in Nigeria forsustainable reforms (National Integrity Systems, 2004). Empiricalinvestigations into the causes, consequences and cures of corruptionprovide new insights that inform and influence policy. Research playsa critical role in developing the consensus on policy advice thatinfluences economy-wide reforms throughout the world (Kaufmann,1998). Moreover, it was often the academic researchers who played

a pivotal role in promoting public procurement reforms, amongothers. In the United Kingdom, for instance, a 275-page book onPrinciples of Government Purchasing was published as far back as1919 (Thai, 2001). Thus, a more explicit linkage between empirical

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research and practical and implementable policy actions in the fieldis called for. This may include research on operational principles foreffective public procurement on specificities such aspharmaceuticals, internet transactions, fertilizers, and so on.

Enhanced Working Condition of Public Servants

It may be necessary to reduce the incentive for corruption amongpublic officials by ensuring that their salaries and fringe benefits arecompetitive with the private sector (Quah, 1999). Other things beingequal, a civil servant or political leader will be more vulnerable tocorruption if his or her legitimate income is low, or not commensurate

with his or her position and responsibilities. It has always beenargued, for instance, that members of the Nigerian police are corruptbecause of their meager salaries, especially for the rank and file(National Integrity Systems, 2004). However, governments might notbe able to raise salaries unless there are economic growth andadequate financial resources.

Professionalization of Procurement Function and CareerDevelopment

Presently, the dearth of procurement professionals to effectivelystaff procurement institutions and departments is a major setback forthe reform. It was observed in the CPAR that the execution of

procurement function is carried out by non-professionals who are ill-trained for the job (World Bank, 2000). The modern approach is thatprocurement is an end rather than a means, hence “the importanceof promoting and maintaining public procurement’s institutionalintegrity” by equipping “procurement professionals to adoptleadership roles in strategic organizational decision making” (Snider,2006 p. 276). There is a need to professionalize this function withinthe public service to ensure competence and integrity in the country.This entails appropriate recognition of procurement as a career in thepublic service, and training and retraining of the procurement staff toacquire and apply modern techniques. There is also the need to makeprofessional qualification a hallmark of the career. This may enhance

integrity and efficiency in service delivery and job security for thepractitioners. In UK, for instance, procurement has beenprofessionalized in the public sector since as far back as 1967(Adegbola et al., 2006).

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Adoption of the Public Procurement Legislation at all Levels ofGovernance

The type of federalism practiced in the country limits theapplication of the Public Procurement Act at the federal level.However, there are indications that corruption in procurement hasextended to the state and local government levels following thefindings of National Integrity Systems (2004) that corruption isendemic and pervasive in every strata of the Nigerian society. Thismay not be peculiar to Nigeria. Gould and Amaro-Reyes (1983)argued that corruption is pervasive throughout all levels of public

bureaucracies and government. Similarly, Bardhan (1997)maintained that corruption pervades different ministries, agencies,and levels of local government. Empirical evidence from Treisman(2002) with data from 166 countries which include Nigeria,concludes that countries with more tiers of government tend to havehigher perceived corruption and to provide public. This is inconsonance with empirical evidence across countries by Fisman andGatti (2002) which suggests that fiscal decentralization ingovernment expenditure is strongly and significantly associated withcorruption at lower tiers of government, especially whendecentralization originates from a country’s legal system. There isneed to broaden the public procurement legislation to include the

states and local governments which control about 48 percent of thecountry’s financial resources. A holistic approach to anti-corruption inpublic procurement is more likely to yield a significant result.

CONCLUSION

Corruption has become endemic in Nigeria and the greatestamount of financial corruption resides in the nation’s procurementsystem. So far, efforts to curb the menace through reformsestablishing a plethora of relevant laws, rules, policies andinstitutions to ensure effective anti-corruption in public procurementseem to be yielding insignificant results (Achua, 2009a). Instrengthening anti-corruption competencies, political support isparticularly important. Effective control of corruption in publicprocurement will require an extraordinary concerted renaissance(complete change of substance) rather than rebranding (mere changeof form), and the enthronement of servant leaders who do not

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consider their “personal” interests above the group interest and usesocial power over position or authority to influence the change ofattitude to the desired direction (Ayegbusi, 2008). However, anti-corruption strategies are most effective when they are participativeand inclusive of all essentials stakeholders in society, includinggovernment, civil society, non-governmental organizations, the privatesector, the media, and other key players in society, whose input isessential in the development and implementation of an action planthat is inclusive of the views of the citizens. Such inclusivenessrequires sustained cooperation among the stakeholders. Also, it isimportant to target the professionals working within the Bureau ofPublic Procurement itself and the readiness of the Office of theAuditor-General of the Federation, and that of the States, to ensurecompliance with extant rules, regulations and policies.

ACKNOWLEDGEMENTS

I am grateful for comments on earlier draft from Guy Callendar ofCurtrin Technology University and two other referees. The first draftwas written for and presented to the Body of Federal and StateAuditors-General at a 4-Day National Workshop on Challenges ofPublic Sector Financial Management in a Period of EconomicMeltdown on 22 nd of October, 2009 at Makurdi, Nigeria.

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