Assessing the effectiveness of the public procurement Act of 2007 in combatting corruption in Nigeria

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Date

2023

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Volume Title

Publisher

University of the Western Cape

Abstract

The Public Procurement Act of 2007 (the PPA) was enacted to provide a sound legal and institutional framework for public procurement in Nigeria and prevent and curb corruption in the procurement process. However, although the PPA has been in force for more than 16 years, there is a doubt over its effectiveness as the level of corruption in the procurement process has not significantly reduced. This thesis examines how well the PPA prevents and combats corruption in the procurement process through the lens of game theory, the study of decision-making during which players must decide on strategies affecting the interests of other parties involved. In particular, it evaluates the PPA's suitability for preventing and combating corruption in the procurement process and points out any weaknesses in its provisions that reduce the effectiveness of the PPA in accomplishing so. The thesis establishes that the PPA has detailed provisions on the pre-contract and contract phases of procurement, with the exception of the post-contract phase of procurement, where its provisions are inadequate. It submits that the perceived ineffectiveness of the PPA in preventing and curbing corruption can be traced to two things. First, the poor implementation of its provisions, particularly the ex post facto anti-corruption provisions such as those regarding exclusion and debarment. Another example of the poor implementation of the PPA is the failure of the government to inaugurate the National Council on Public Procurement, one of the regulatory bodies established by the PPA. Secondly, there are gaps and flaws in the provisions of the PPA that make it less effective in preventing and combatting corruption in the procurement process.

Description

Doctor Legum - LLD

Keywords

Transparency, Procurement, Open-Competitive Bidding, Corruption, Debar

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