1
LAGOS – The Chartered Institute of Purchasing and Supply Management of Nigeria (CIPSMN) has tackled the Bureau of Public Procurement (BPP), over plans to commence issuing practice licenses for procurement training in Nigeria.
Its President, Alhaji Sikiru Balogun,conveyed this in a statement made available to Daily Independent.
The planned action, he said, is ultra vires, legally unsound, and a direct violation of extant laws governing procurement practice in Nigeria, the statement said.
The enabling law of the Bureau, the Public Procurement Act (PPA) 2007, particularly Part 2 Section 5(k), empowers the BPP to organize training and development programs for procurement professionals,the statement quoted.
According to the statement, the intent of the Act is to promote training policies and programs for procurement personnel of ministries, departments, and agencies (MDAs)—not to train or license practitioners or professional bodies.
The intention of the law,it said, is clearly limited to building institutional capacity within government agencies, not regulating or licensing professional practice.
The statement explained that the Chartered Institute of Purchasing and Supply Management of Nigeria Act, 2007, enacted by the National Assembly, confers the exclusive statutory authority on CIPSMN to among other functions regulate and control the practice of the procurement and supply chain management profession in Nigeria, set standards for qualification as well as discipline erring members, in accordance with due process and the law.
It added that Section 11(8) of the CIPSMN Act 2007 states that the purchasing and supply professionals from abroad who reside in Nigeria and wish to practise shall, within 12 months after the commencement of this Act, seek registration with the Institute to become members.
Any attempt by another agency or body to assume this exclusive professional mandate, the statement said,tantamounts to an illegal encroachment, undermines the rule of law, and sets a dangerous precedent of institutional overreach.
It added:”The Bureau’s plan to issue practice licenses for procurement trainers is not only legally flawed, but also misleading to the public and stakeholders, especially those unfamiliar with the legal delineation of roles in the Nigerian procurement ecosystem.
“We are compelled to caution the Bureau that any such issuance of licenses to train or certify procurement practitioners is null and void, and any entity operating under such unauthorized license may be subject to legal sanctions under the CIPSMN Act and other applicable laws. BPP is a regulatory body and not a body of knowledge like the CIPSMN and other institutions of higher learning in Nigeria.”
The Institute cautioned Nigerians against patronizing illegality and deceitful act being perpetuated under the guise of reform. These unauthorized actions by BPP are temporary, lacking lawful foundation, and will not stand the test of legality or institutional scrutiny.
It stated:”It is settled matter wherein Section 16(4) of the CIPSMN Act 2007 states that “A person guilty of an offence under this section is liable – (a) on summary conviction to a fine not exceeding N50.000.00; (b) on conviction or indictment to a fine not exceeding N20,000.00 or to imprisonment for a term not exceeding two years, or both such fines and imprisonment. “