ABSTRACT
This study examined Due Process As An Instrument Of Government Accountability And Transparency From 2003 To 2014: A Study Of Anambra State Ministry Of Works, Awka . due process is a mechanism that certifies that public fund are spent only on those projects that have passed the test of proper implementation packaging and that adherestringently to the international competitive bid approach in the award process. The major concern on this work was to investigate the effect of due process on accountability and transparency in the Nigeria public procurement. In an attempt to look into the problems, several literatures, studies and works were reviewed. A sample of 150 staff was selected from the population using random sampling method. Data were collected from both primary and secondary sources and presented in tables and analysed using percentage and frequencies. Some hypothesis where formulated and tested using Chi square test method. It was discovered during the research exercise that there were factors militating against effective implementation of due process mechanism. The findings shows that, . Procurement regulations are not adhered to in Anambra state ministry of works. There are procurement laws in place but implementation remains a problem in the public sector. It was observed that So many Nigeria are still skeptical about the success of the Due Process policy in view of continuous inconsistent changes on such policies and faulty implementation’. Following the above findings, the researcher has recommended Shorten bureaucracies and stages involved in the approval process, Public procurement procedures must comply with national and European Union (EU) procurement rules.
TABLE OF CONTENTS (DUE PROCESS AS AN INSTRUMENT OF GOVERNMENT ACCOUNTABILITY AND TRANSPARENCY FROM 2003 TO 2014: (A STUDY OF ANAMBRA STATE MINISTRY OF WORKS, AWKA))
Title page _ _ _ _ _ _ _ _ _ _ i
Approval _ _ _ _ _ _ _ _ _ _ ii
Dedication _ _ _ _ _ _ _ _ _ iii
Acknowledgement _ _ _ _ _ _ _ _ iv
Abstract _ _ _ _ _ _ _ _ _ _ vi
Table of contents _ _ _ _ _ _ _ _ vii
CHAPTER ONE
1.0 Introduction _ _ _ _ _ _ _ _ _ _
1.1 Background of the study _ _ _ _ _ _ _ _
1.2 Statement of the problem _ _ _ _ _ _ _ _
1.3 Objectives of the study _ _ _ _ _ _ _ _
1.4 Research Questions _ _ _ _ _ _ _ _
1.5 Research Hypotheses _ _ _ _ _ _ _ _
1.6 Significance of the Study _ _ _ _ _ _ _ _
1.7 Scope of the Study _ _ _ _ _ _ _ _ _
1.8 Limitation of the Study _ _ _ _ _ _ _ _
1.9 Definition of Terms _ _ _ _ _ _ _ _
CHAPTER TWO
2.0 Literature Review _ _ _ _ _ _ _ _ _
2.1 Conceptual Framework _ _ _ _ _ _ _ _
2.2 Theoretical Framework _ _ _ _ _ _ _ _
2.3 Review of Empirical Literature _ _ _ _ _ _ _
2.4 Gap in Literature _ _ _ _ _ _ _ _ _
CHAPTER THREE
3.0 Area of Study _ _ _ _ _ _ _ _ _ _
3.1 Research Design _ _ _ _ _ _ _ _ _ _
3.2 Sources of Data _ _ _ _ _ _ _ _ _ _
3.3 Population of Study _ _ _ _ _ _ _ _ _
3.4 Sample and Sampling Technique _ _ _ _ _ _ _
3.5 Validity and Reliability of Data Instrument _ _ _ _ _ _
3.6 Methods of Data Collection _ _ _ _ _ _ _ _
3.7 Method of Data Analysis _ _ _ _ _ _ _ _ _
CHAPTER FOUR
4.0 Data Presentation and Analysis _ _ _ _ _ _ _
4.1 Presentation of Data _ _ _ _ _ _ _ _ _
4.2 Data Analysis with Statistical Tools _ _ _ _ _ _ _
4.3 Discussion of Results _ _ _ _ _ _ _ _ _
CHAPTER FIVE
5.0 Summary, Findings, Recommendations and Conclusion _ _ _ _
5.1 Summary of Findings _ _ _ _ _ _ _ _ _
5.2 Conclusion _ _ _ _ _ _ _ _ _ _ _ _
5.3 Recommendations _ _ _ _ _ _ _ _ _
Bibliography _ _ _ _ _ _ _ _ _ _
Appendix/questionnaire _ _ _ _ _ _ _ _
CHAPTER ONE
- INTRODUCTION
1.1 BACKGROUND OF THE STUDY
One of the cardinal objectives of the Obasanjo’s administration was the enthronement of the principle of transparency and accountability in public life. The Government of President Olusegun Obasanjo’s believes that, without probity in public life, the ultimate aim of providing for the happiness and welfare of the citizenry will be an illusion. It is in the light of the above that the Government embarked on a number of the public sector reform programmes aimed at blocking leakages of all sort in public sectors services and transactions.
Many Nigerians identify corruption and poverty as the bane of the nation’s development paralysis. The president Olusegun Obasanjo’s possesses the credentials of a corruption adverse leader, having been one of the pioneers of Transparency International, the international anti-corruption group that awoke the world on the grave consequences of corruption to development (Ezekwesili, 2002, p2).
Hence, in practical demonstration of the president anti-corruption activism as one time chairman of the international Advisory Council of Transparency International, and in fulfillment of the promise made to the Nigerian people to curb corruption in the public sector, the administration committed itself to fiscal transparency and accountability, it committed itself to using the budget to generate sustainable growth, reasonable investment and significantly reduce poverty.
We required fresh and creative ideas on the instrument that could reasonably achieve these lofty goals and found this in the due process compliance (DPC) instrument (Ezekwesili, 2002, p2). It is an instrument designed to enforce compliance with due process in budgeting, procurement and expenditure by all federal spending units and by extension, state and local government.
(Ezekwesili 2002),the instrument of the due process helps to ensure that budget, procurement and spending are not only based on authentic, reasonable and fair costing, but are also appropriately geared to the realization of set priorities and targets that were generated from medium range strategic plans.
The Obasanjo administration created the BMPIU to execute the mandate. The location of the unit in the office of the president was a clear signal that highest political will to guarantee its effectiveness existed (Ezekwesili, 2002,p.3).
Except for a few who are driven by altruistic goals, most people are unfortunately attracted to public offices by the control of state resources as symbolized by the budget. The budget is the single most important instrument of power and governance, whether in a democracy or in any of it’s aberrant alternatives.
It is therefore the case that access to state resources, wherever no form of oversight and sanction exist, provides the non- altruistic seekers of public office the huge opportunities and incentives for massive corruption. The antidote therefore is to crystallize budgetary and public expenditure management systems and procedures that have transparent and effective oversight.
Recognizing this to be the story of our nation, the president Olusegun Obasanjo in demonstration of the personal commitment to transparency and accountability spearheaded the move for budgetary and expenditure management reforms. Which lead to the setting up of the BMPIU (BUDGET MONITORING AND PRICE INTELLIGENCE UNIT) otherwise known as DUE PROCESS OFFICE in 2003, and in extension to other tier of government (i.e the state and local government), this reform also lead to the setting up of the NIGER STATE BUDGET IMPLEMENTION, MONITORING AND PRICE INTELLIGENCE UNITS (NSBMPIU) which is stem to open the abuses to rules, regulations and standards in the award and execution of public contracts in Niger- State.
Finally, in 2007, President Umaru Musa Yar’Adua administration passed into law, the PUBLIC PROCUREMENT ACT (PPA). It is this parliamentary Act that puts Nigeria in the League of countries with legislation on how public funds would be expended or disbursed. Prior to 2007, Nigeria was among the few African countries without legislation on public procurement.
1.2 STATEMENT OF THE PROBLEM
Nigeria has gone through all the phases of business cycle-decline, depression recovery and boom, yet none of these booms as Ekpo (2004) noted has resulted in any significant restructuring and transportation of the economy since each boom came and disappeared without being linked to real sector and none of the benefits associated with the boom was maximized. This was as a result of corruption, as Obansanjo (2004) rightly observed, “Until 1999, Nigeria had practically institutionalized corruption as the foundation of goverence.
This corruption has eaten deep into the heart of the nation and it seems that is prevalent in government organizations than in private sectors. (Anazodo 2014 p.99). Anazodo (2014) identity this corruption as; Misappropriation of public funds by making unplanned and careless purchases, using public funds for personal purpose, demanding a Bribe, Kickback and Kickfront, Kolanuts e.t.c before normal duties like awarding of contracts, employment, budget approvals are done.
The greatest amount of financial corruption resides in national procurement system. Generally, as much as 20- 60 percent of public spending on procurement is lost due to leakages and malpractices in developing countries. (Odida 2001 p.30)
In Nigeria, in spite of the huge government Budget over the years for the provision of goods, workers and services, there has been a discernibly wide expectation gap. According to the world Bank’s country procurement Assessment report (CPAR) elaborated in 1999, out of every 1.00 Naira (₦1.00) spent by government, 60 kobo were being lost to underhand practices.
It is not surprising therefore that the estimated public procurement loss (in million USD) is greater than the official development assistance for the period between 1960 and 2011 (Ezekwesili 2001).
Nigeria has lost several hundred Billion Naira over the last decade due to flagrant abuse of procedures for the award of public contracts, inflations of contracts, lack of transparency, lack of competence based evaluation and lack of merit which is the fundamental criteria for the awarding of public contracts.
To check the widespread corruption, gross incompetence and related vices in the Nigeria public procurement and service delivery, the Obasanjo’s administration formulated the Due Process to ensure transparency and accountability.
This initiatives generated mixed feelings and diverse reactions amongst stake holders. While many have voiced out Queries on the length of time involved in the life cycle of the process on a project, others describe the bureaucracies involved, as simply too cumbersome, yet others wonder about the quality and value for money in service delivery.
In some Quarters, people are of the opinion that the financial outlay on public procurement is presumably higher than the value of project and/or goods supplied.
It is also believed that, there is transparent and macro corruption in Nigeria public procurement process. And that lack of competition and transparency in project procurement leads to high cost of project in the states.
Finally, it was also the opinion of some people that budget proposal submitted by the MDA’s are not related to justifiable need and that there is lack of professionalism in the execution of the procurement function.
1.3`PURPOSE/OBJECTIVE OF THE STUDY
This study is a review of accountability and transparent initiatives in public procurement and the nature of the impact of enhanced accountability on pro-poor service delivery.
This project seeks to provide empirical evidence on the quality of government spending in Nigeria, focusing on the Anambra State Ministry of Works Awka, as a key government agency involved in due process public procurement.
Specifically, this study sought to;
- Find out how the due process policy has impacted accountability and transparency in Anambra State Ministry of
- Examine the public procurement processes in Anambra State Ministry of Works
- Investigate effort made so far in curbing corruption in procurement process.
- Proffer solution by suggesting way of curbing corruption in public procurement process.
1.4 RESEACH QUESTIONS
- Has due process policy enhanced or impacted accountability and transparency in Anambra State Ministry of Works?
- Is there any form of corrupt practice in public procurement processes in place in Anambra State Ministry of Works?
- What are the efforts made so far in curbing corruption is procurement process in Anambra State Ministry of Works ?
- What are the ways of curbing corruption in public procurement process in Nigeria?
1.5 HYPOTHESES
- H𝗈: Due process policy has no impact on accountability and transparency in Anambra State Ministry of Works.
H₁: Due process policy has impact on accountability and transparency in the Anambra State Ministry of Works.
- Ho: There are no forms of corrupt practices in the public procurement process in Anambra State Ministry of Works.
H₁: There are various forms of corrupt practices in the public procurement
Process in Anambra State Ministry of Works.
- Ho: There is no significant relationship between corruption and
procurement process in Anambra State Ministry of Works.
H₁: There is significant relationship between corruption and procurement
process in Anambra State Ministry of Works.
1.6 SIGNIFICANCE OF THE STUDY
The significance of the study is both Empirical and theoretical.
Theoretically, the outcome of this study will contribute immensely to the already existing body of knowledge in the field.
Empirically, this study will be useful to the governmental organizations, non- governmental organizations, student of public Administration and political science; it will also be useful to policy makers.
Specifically, this project work is expected to create more awareness of the important of public procurement to national Economic development.
The research work is expected to help the general public to know more about “Due process policy with it’s instrument or reform government Agencies like Anambra State Ministry of Works, and also understand that it is a step taken towards curtailing corrupt practices in public service.
The research work is hoped to encourage more attention to be paid to procurement process and legislation in Nigeria.
Finally, the research work is expected to furnish the policy makers the suggested practical ways of curbing corruption in the procurement process in Nigeria.
1.7 SCOPE OF THE STUDY
The study covers the evaluation of Due process in Nigeria for the period of the year 2003 to 2014, using Anambra State Ministry of Works, Awka. As our area of study.
1.8 LIMITATION OF THE STUDY.
The researcher encounters some problems with regards to his earlier desire of dealing with the Anambra State Ministry of Works.
He met with the head of the personnel unit, but He declined any form of interviews insisting that He needed clearance from his superior, for him to grant the interview or discuss his work at the Anambra State Ministry of Works.
The decline to speak with him is rooted in the official secrecy oath which is sworn to by all civil servants in Nigeria promising not to divulge any form of information acquired in the course of executing their official duties to any third parties or individual without prior approval of relevant authorities.
This in itself is a provision of the civil service rules that many find most undesirable, as many take cover under that to deny the public access to otherwise relevant information and in some cases hide under this same clause to commit all manner of corrupt activities.
The researcher is also faced with the problem of paucity of materials, more especially since there are few materials on the “Due process” phenomenon.
However, these constraints did not in any way affect the outcome of this study.
1.9 DEFINITION OF TERMS/ACRONYMS
ACCOUNTABILITY:
This is the obligation of officials, client, ministries, parastatals and agencies e.t.c charged with an action or responsibility to give a transparent account of his/her action to the stakeholders as prescribed by laws, regulation and tradition at time.
TRANSPARENCY:
This is an obligation to take action or discharge responsibilities with openness, truthfulness, fairness, honesty and clarity.
BUDGET:
This is an action plan on expenditure based on revenue of accountability usually one year.
PROBITY:
This is a formal complete honesty.
INSTRUMENT:
This is a tool, means or agency for achieving an effect. It is agency or tool use in the achievement of a particular government policy.
MONITORING:
This is the step taken to ensure that plan, procedures, budget, target e.t.c put in place are completed with thorough systematic recording of progress, noting variances and instituting remedial actions where necessary to put plans on course.
PROCUREMENT:
This applies to all kinds of acquisition of public goods and services. Procurement also means to obtain something with financial backing.
PUBLIC PROCUREMENT:
This means the acquisition by any means of goods, works, or services by the government.
GOODS:
This means objects of every kind and description including raw materials, products and equipment and object in solid, liquid or gaseous form and electricity as well as service incidental to the supply of the goods.
TENDERS:
This is to make a formal offer to do a job or provides goods and services at a particular price to a particular organization or institution.
BID:
This is the offer to provide goods and services or an offer to work or provide goods and service at specific price.
CORRUPTION:
This can be view as unwarranted exercise of power, with the motive of gaining some advantages more or less directly personal.
It is an illegal activity, it is difficult to define exactly as different attitudes and customs prevail; for instant when it comes to gift- giving and bureaucratic integrity.
FRAUD:
This is the violation of civil statute, and involves intentional misrepresentation of purpose obtaining unauthorized benefit from a programme.
The misrepresentation may involve either the provision of incorrect facts or the failure to provide correct facts.
CONTRACTOR OR SUPPLIER:
It stands for any potential party to a procurement contract with procuring entity and includes any corporation, partnership, individual, sole proprietor, joint stock company, Joint venture or any other legal entity through which business is conducted.
ABBREVIATION:
BMPIU: BUDGET MONITORING AND PRICE INTELLIGENCE UNIT.
BPP: BUREAU FOR PUBLIC PROCUREMENT.
MDA: MINISTRIES DEPARTMENTS AND AGENCIES
EFCC: ECONOMIC AND FINANCIAL CRIME COMMISSION.
ICPC: INDEPENDENT CPRRUPT PRACTICES AND OTHER RELATED
OFFENCE COMMISSION.
Reviews
There are no reviews yet.