Open Contracting: PPDC, MRA urge FG on full implementation -ITREALMS

ITREALMS:

The Public and Private Development Centre (PPDC) and Media Rights Agenda (MRA) have called on the Federal Government to ensure full implementation of Open Contracting in Nigeria, reports ITREALMS.

They also pointed out on such issues like procurement records and information are proactively disclosed by public institutions in line with the Open Contracting data standards and the Freedom of Information (FOI) Act, 2011.

In a press briefing in Abuja, the organisations observed that although Nigeria joined the Open Government Partnership (OGP) as the 70th member in 2016 and had the full implementation of open contracting as one of its commitments in its first National Action Plan (NAP), which lapsed in June this year, accessing basic contract information and records remained a challenge for members of the public, including civil society representatives and media practitioners.

According to Ms Gift Maxwell, PPDC’s Programme Manager, “PPDC and MRA have been implementing the Nigerian component of a project on ‘Strengthening Disclosure and Citizen Participation to Improve Value for Money in Public Contracting in Africa’, managed by the Africa Freedom of Information Centre (AFIC) in Kampala, Uganda, with support from the Hewlett Foundation, and we are worried at the level of impunity by public officials who continue to prevent members of the public from accessing procurement and contracting information.”

MRA’s FOI programme Manager, Mr Ridwan Sulaimon further argued that:“Although, as part of its obligation under the Public Procurement Act, the Bureau of Public Procurement (BPP) developed the Nigeria Open Contracting Portal (NOCOPO) which is expected to feed the public with procurement information from the public institutions, showing records of contracts from planning to implementation stages, however, the Federal Government must as a matter of urgency ensure that the institutions proactively publish their procurement and contracting data on the platform to ensure that it justifies its essence.”

Ms Maxwell said PPDC and MRA have worked tirelessly to realise the goal of institutionalising Open Contracting in Nigeria.

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FoI: PPDC, AFRICMIL get court leave to sue CCB over non-disclosure of senior public officials

 ITRealms:

A Federal High Court in Abuja has granted leave to the duo of Public and Private Development Centre (PPDC) and the African Centre for Media and Information Literacy (AFRICMIL) to sue Code of Conduct Bureau (CCB) for refusal to disclose asset declaration of senior public officials since 2011, reports ITRealms.

This follows the Motion Ex-parte filed by the two organizations on the failure of the CCB to provide information on written declaration of assets of elected and appointed office holders under the Freedom of Information Act 2011.

At the hearing, Godwin Chigbu, lawyer to the applicants, requested for leave of court to file a suit against the Code of Conduct Bureau on its failure to respond to the FoI requests made by both organizations.

AFRICIMIL requested for copies of written asset declaration of:

1.      The Past and Current Principal Officers of both Chambers of the 7th and 8th National Assembly, as required by the provisions of the 1999 Constitution of the Federal Republic of Nigeria, as amended.

While PPDC, requested copies of the written asset declaration of:

1.      Past and Current Governors of the 36 states in Nigeria, since 2011 till date, as required by the provisions of the 1999 Constitution of the Federal Republic of Nigeria, as amended;

2.      Past and Current Ministers of all Ministries in Nigeria, since 2011 till date, as required by the provisions of the 1999 Constitution of the Federal Republic of Nigeria, as amended.

3.      The Former President of Nigeria, Dr. Goodluck Ebele Jonathan, upon assumption of office on 29th May 2011 and after his exit from office, on 29th May 2015, as required by the provisions of the 1999 Constitution of the Federal Republic of Nigeria, as amended.

4.      The Former Vice President of Nigeria, Arch. Namadi Sambo, upon his assumption of office on 29th May 2011 and after his exit from office, on 29th May 2015, as required by the provisions of the 1999 Constitution of the Federal Republic of Nigeria as amended.

5.      The Current President of Nigeria, Muhammadu Buhari upon his assumption of office, on 29^th May 2015, as required by the 1999 Constitution of the Federal Republic of Nigeria as amended.

6.      The Current Vice President of Nigeria, Prof. Yemi Osibanjo (SAN) upon his assumption of office as Vice President, on 29^th May 2015, as required by the 1999 Constitution of the Federal Republic of Nigeria as amended.

ITRealms gathered that though both organizations made these requests under the Freedom of Information Act, 2011, the CCB failed to respond to any of these requests within the time stipulated in the Act, thereby leading to the filing of a motion ex-parte by both organizations.

ITRealms recalls that it is the constitutional responsibility of the Bureau, to retain custody of written asset declaration forms of public officers and make them available and accessible for inspection by any citizen of Nigeria on such terms and conditions as the national assembly may prescribe.

Uboshe Uboshe/GEE 

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Court says PIN, PPDC can sue NIMC over non-disclosure of ID contract to MasterCard

ITRealms:

A Federal High Court in Abuja has granted two non-governmental organizations, Paradigm Initiative Nigeria (PIN) and Public and Private Development Centre (PPDC) the leave to challenge the refusal of the National Identity Management Commission (NIMC) to provide them with the procurement records and details of the contract in a law court, ITRealms reports.

ITRealms recalls that the two NGOs are seeking information pertaining award of contract between the Commission and MasterCard for the payment solution contained in the new multipurpose national identity card.

ITRealms gathered that Justice Evoh Chukwu granted leave to the two organizations, following a motion exparte brought on their behalf by Mr. Terence Vembe, a member of the Network of Freedom of Information Lawyers.

In the suit filed against the NIMC; its Director-General, Mr. Chris Onyemenam; and the Attorney-General of the Federation, PIN and PPDC are seeking:
 

• A declaration that the failure and/or refusal of the NIMC and its Director-General to disclose or make available to them the information they requested by their letters dated September 4 and November 25, 2014 constitutes a violation of their right of access to information established and guaranteed by Sections 1(1) and 4 of the Freedom of Information Act, 2011;
• A declaration that the failure and/or refusal of the NIMC and its Director-General to disclose or make the information they requested available to them amounts to wrongful denial of access to information under Section 7(4) and (5) of the FOI Act;
• An order of mandamus compelling the NIMC and its Director-General to disclose or make available to them the procurement and Contract/Agreement records for the provision of payment solutions by MasterCard for the General Multipurpose Card, particularly all the information listed and requested by them in their letters of September 4 and November 25, 2014; and
•  An order of mandamus compelling the Attorney-General of the Federation to initiate and diligently prosecute criminal proceedings against the NIMC and its Director-General for the offence of wrongful denial of access to information pursuant to Section 7(5) of the FOI Act.

In the alternative, the organizations are asking for an order of mandamus compelling the Attorney-General of the Federation to grant them or any lawyer of their choice a fiat to initiate and prosecute criminal proceedings against the NIMC for the offence of wrongful denial of access to information.

 They are also claiming the sum of N1 million as exemplary and aggravated damages for the unlawful violation of their right of access to information.

 PIN and PPDC alleged in their suit that the NIMC and the Federal Government have formed a partnership with MasterCard under which they would impose a new identity card on every Nigerian and compel all Nigerians to participate in the financial services sector under the control of MasterCard, a foreign multinational financial services corporation headquartered in New York in the United States.

According to them, under the first phase of the programme, all Nigerians who are 16 years and older and all residents in Nigeria for more than two years will have imposed on them, the new multipurpose identity card which has 13 applications, including MasterCard’s prepaid payment technology that will impose electronic payments solutions on the card holders while the card is also expected to serve as voting card in Nigeria as early as the 2019 general elections.

PIN and PPDC are alleging that with the card, the Federal Government can terminate citizens’ and other card holders electronic financial lifelines if anything were to happen within the country, for example in the form of protests, economic downturns, insurrection, a war or if a financial institution such as MasterCard were to go bankrupt.

They also expressed the fear that there are many other reasons why the Federal Government or MasterCard can decide to turn off the electronic chip (RFID) of the card, which would render card holders stranded, especially with the existence of a powerful financial institution issuing payments electronically with a government that is supported and controlled by the United States, which would make unlimited control of the populace inevitable.

 After listening to the submissions of Mr. Vembe, lawyer to PIN and PPDC, at the hearing of the motion exparte on Monday, March 30, Justice Chukwu granted the organizations’ prayers for an extension of the time within which they could sue the NIMC and also granted them leave to apply for a judicial review of the NIMC’s refusal to provide them with the information they requested.

Justice Chukwu thereafter adjourned the proceedings to April 21, 2015 for hearing of the substantive suit.

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Pix L_R: Omokehinde Ojomuyide,Vice President & Area Business Head for West Africa, MasterCard, NIMC Director-General, Mr. Chris Onyemenam.