Nationnewslead reports that A Non-Governmental Organisation, Transparency and Accountability Group, TAG has challenged Osun State Governor, Mr Adegboyega Oyetola to make public names of members of the state public procurement board.
The group in a letter signed by its spokesperson Ayo Olohun and addressed to the Governor, Adegboyega Oyetola disclosed that th board was set up his predecessor, Rauf Aregbesola in 2015 to oversee the procurement activities of the government.
The letter, which copies were made available to the Speaker of the State Assembly, Timothy Owoeye, Commissioners for Works and Information and Civic Orientation, Remi Omowaye and Funke Egbemode respectively reminded the Governor that any procurement done without a properly constituted board is illegal.
The Transparency and Accountability Group (TAG), a group of persons dedicated to the promotion of probity, accountability and transparency in governance, is writing your office to request information about the composition of the Public Procurement Board of (Osun State).
“Your Excellency will recall that the Public Procurement Law of Osun State, 2015 was enacted during the regime of Mr Rauf Aregbesola (the immediate past Governor of the State), and certain provisions of the law stipulate that a Public Procurement Agency Governing Board (otherwise to be known as “the Board”) be set up to oversee the procurement activities of the government.
“Specifically, Section 3 (2) of the Public Procurement Law, 2015 stipulates that the Osun Public Procurement Agency created by Section 2 of the Law shall have its activities overseen by a Board. According to Section 3(3) of the Law, the Board shall consist of the following: the Commissioner in charge of finance who shall be the Chairman; the Commissioner/Special Adviser for Economic Planning and Budget who shall be the Vice-Chairman; the Attorney-General and Commissioner for Justice and one other member of the State Executive Council.
“It also has three members from the public, including a member of a Civil Society Organisation, who shall be of unquestionable character, appointed by the Governor and subject to confirmation by the State of Osun House of Assembly, shall serve on the Board on a part-time basis; and the General Manager of the Agency who shall also be the Secretary of the Board.
“We are convinced that you are aware, as a law-abiding Governor, that all procurement processes are subject to the consideration of the procurement agency, under the direct supervision of the Public Procurement Board. Where the Board is nonexistent or incapacitated, it can be said that the procurement processes of government cannot be deemed legal or valid in the eyes of the law.
“To this end, having found that the identities of the Members of the Public Procurement Board are shrouded in secrecy, especially the three (3) persons that the Law stipulates must be from the public (the Civil Society inclusive), we request that Your Excellency kindly furnish us with (or make public) the identities of the persons holding such sensitive positions in our dear State.
“Where the Board is nonexistent or incapacitated or both, it can be rightly concluded that your government’s procurement processes have so far followed illegal processes and run foul of the subsisting Public Procurement Law of the State. Where this is the case, we shall be constrained to approach a Court of Law, to seek interpretations on whether the Executive powers of your office are enough to vacate the functioning of a State Law.
“Where the identities of these persons are revealed, we will continue our engagement with the Board and will therefore get the opportunity to demand answers to certain procurement questions that we have as a group”.
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