COMBATING CORRUPTION IN PUBLIC PROCUREMENT: AN APPRAISAL OF NIGERIA’S DEBARMENT SYSTEM
Keywords:Nigeria, Corruption, Public Procurement Act (PPA), Procurement Regulations, Anticorruption, Debarment
This article examines the provisions of the Public Procurement Act (PPA) on debarment, an administrative sanction that is used in fighting corruption in the procurement process, in Nigeria. The article concludes that courts can debar juristic persons convicted of any offence in the PPA for a minimum of five years, on the one hand. While on the other hand, the Bureau can debar both natural and juristic persons that are convicted of any offence in the PPA. Similarly, it identifies the weaknesses in the provisions of the PPA on debarment, which includes the following: First, only an individual or firm that contravenes the PPA and Procurement Regulations can be debarred. An individual or firm convicted of procurement corruption under any other federal law cannot be debarred; Second, the PPA does not state for how long an individual could be debarred; and Third, the scope of debarment does not extend to affiliate companies, such as parent or subsidiary companies, of the debarred firms. The article concludes with recommendations on how to make debarment an effective anticorruption measure in Nigeria.
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