Nasir Ahmad El-Rufai.
Eleven thousand, eight hundred and eighty-six (11,886) abandoned
projects that will cost an estimated N7.78 trillion to complete! These
alarming figures are from the report of the Presidential Projects
Assessment Committee (PPAC) set up in March 2011, by President Goodluck
Jonathan to look into cases of abandoned Federal Government projects.
If the government does not start any new projects, it will take more
than five years budgeting about N1.5 trillion annually to complete them
all - and that is assuming no cost-over runs or delays!
Ordinarily,
these figures should compel the government to accelerate the completion
of all ongoing projects, or at least focus on high priority ones.
Unfortunately, this has not been the case: Government would rather
continue the weekly charade of awarding new contracts or re-awarding old
ones at higher prices during its weekly Federal Executive Council (FEC)
meetings. 
As trillions of naira are being wasted in the name of
public projects, it is important to understand issues like how projects
are initiated, bid for, negotiated and awarded and why they get
abandoned.
Who and what are really responsible for abandoned projects? Are poor
planning, haphazard procurement, and incompetent project management the
key causes or is it financial mismanagement? In spite of mobilisation
fees already paid, why is nobody held accountable when projects are not
completed? How far can the Bureau of Public Procurement (BPE) or other
agencies with requisite mandate go to address the root causes of
abandoned projects? 
There is a need to briefly examine how projects
are initiated and contracts awarded.
The first step ought to be conception of projects that fit within a
scheme of national vision, strategy and development programmes. As we
have stated in this column, a 27-page "transformation agenda" tucked
away in the website of National Planning Commission (NPS) falls short of
this. This "agenda" is largely inconsistent with the Federal Ministry
of Finance medium term sector strategies and budgeting priorities for
2011 and 2012. Most projects are therefore conceived out of nowhere and
lacking in internal coherence and consistency with other programmes.

Next is to plan and design the project in detail. Assume a road is
to be constructed between two locations, the rights-of-way must be
surveyed, levels taken, alignment finalised, road designed, and detailed
drawings, bills of quantities and other bidding documents prepared
prior to inviting pre-qualified engineering contractors to submit
competitive tenders. The design development process can take anything
between some months to more than a year, while it takes a minimum of
five months from advertising invitations for bids to presentation to the
FEC or other approving authority.
This suggests that design and procurement processes for any project
ought to start at least a year or two before being budgeted for. This
only happens in a few foresighted agencies (MDAs).
Typically, nothing
happens until the budget is passed and cash backed, then the
implementing MDA begins the fire brigade work of compressing this
timeline into a few weeks! Most MDAs wait until projects are included in
budget or the budget passed before they start project surveys or design
or the procurement process.
When an MDA spends at least five months on procurement, how much time
does the contractor have to execute the project and draw down the funds
before the financial year runs out? This becomes a big issue as MDAs
are required by law to return all unspent funds to the treasury by the
year end. 
To understand why projects get abandoned, we must also
understand the pervasive lack of continuation in policies as occupiers
of political offices change. Whether it is long-term development plans
or contracts for critical infrastructure, the repeated practice in
Nigeria is that once new people are in office, policies or programmes of
the previous administration are abandoned.
This unwillingness to ensure policy continuity is the root cause of
nepotism, corruption and impunity, as officials often re-award such
contracts to cronies and generous campaign donors at inflated
prices.
In this regard, the "democracies" have not fared better than
the military in policy consistency. From Obasanjo’s NEEDS, to Yar'Adua's
Seven-Point agenda, and now, Jonathan’s Transformation Agenda – there
has been continuity of policy inconsistency within the same ruling party
– and turning projects that would have ordinarily benefited the
populace into drain pipes.
Critical examples are the N52m Zobe dam in Katsina, commissioned in
1983 by the Shagari regime; not only has several times the original
amount been spent on the project, it has not pumped up a single litre of
water. And the Ajaokuta Steel Complex which has gulped about N675bn,
but still not produced much steel. 
When projects are abandoned, the
usual reason given is lack of funds, though often it is the pre-contract
mishaps already alluded to, and project management deficits that are
the fundamental causes.
How can funding constraints be blamed for project failures? Should one
not wonder why a project is approved in the absence of adequate funds?
In fact, section 4 (2) (b) of the Public Procurement Act 2007 states
plainly that all procurement shall be ‘based only on procurement plans
supported by prior budgetary appropriations; and no procurement
proceedings shall be formalised until the procuring entity has ensured
that funds are available to meet the obligations and has obtained a
“Certificate of ‘No Objection’ to Contract Award” from the Bureau’.
Simply put, the law requires that no contract should be awarded if funds
are not available for it from the onset!
It is intuitive that
abandoned projects fuel corruption and reduce public confidence in
governance.
The excuse of inadequate or delayed funding may sometimes be
contrived. Such an inference could be drawn as abandoned projects are
more often than not re-awarded at unjustifiably over-bloated sums. The
increased costs are subsequently justified by blaming inflation,
exchange rates, labour and materials cost increases amongst others.
If
we intend to check the abnormality of abandoned projects, the relevant
laws have to be strictly adhered to.
Section 63 (1) of the Public Procurement Act which states thus: ‘In
addition to any other regulations as may be prescribed by the Bureau, a
mobilisation fee of no more than 15% for local suppliers and contractors
and 10% for foreign suppliers and contractors may be paid to a supplier
or contractor …’ must be firmly applied.
According to the PPAC, it is not uncommon for contractors to be paid
mobilisation fees in excess of 50% of the contract sum, often in
apparent violation of the law.
While the Executive arm of government
is largely to be blamed for abandoned projects, it is not alone. The
National Assembly is liable as well by unlawfully and unconstitutionally
inserting new, unplanned projects into appropriation bills expecting
them to be implemented.
The National Assembly has joined the executive branch in ignoring the
funding needs of existing projects to completion and commissioning. Take
the Zobe dam mentioned; does the representative of that constituency
not have the responsibility to pursue and ensure the strict completion
of projects in his constituency? If the focus of the government is on
development and service to the people, why should officials seek
approval for new projects when unfinished ones do not enjoy adequate
funding and sound project management?

The Public Procurement Act 2007 established the Bureau of Public
Procurement (BPP) with the National Council on Public Procurement (NCPP)
as the regulatory authorities saddled with the oversight functions of
monitoring procurement and implementation of federal projects across the
country.
These statutory functions have been hampered by lots of challenges,
including the late passage of the annual appropriation acts by National
Assembly and abandonment of the procurement processes by the relevant
MDAs if favoured bidders turn out to be unsuccessful. 
If properly
sustained, the Due Process and Certification Mechanism started by the
Budget Monitoring and Price Intelligence Unit under Oby Ezekwesili,
would have been one of the many benefits of the legislation.
This has however not been the case because of policy discontinuities
and the cravings of politicians to have unfettered discretion in
awarding contracts.
The Federal Government needs to, as a matter of
urgency, comply with the provisions of the Public Procurement Act. The
government must curb the temptations or pressures to embark on new
projects when so many remain uncompleted or abandoned. Desirable
projects must be continued irrespective of whichever administration
initiated them.
The NCPP, which is yet to be constituted, should be urgently
inaugurated to superintend the activities of the BPP, as opposed to the
current scenario where the FEC usurps the Council's statutory
functions.
As you read this, the Federal Ministry of Finance recently
announced the release of N300 billion for capital projects for the third
quarter of 2012, bringing the total release for capital projects so far
this year to N704 billion out of nearly N1.5 trillion for the year.
Most citizens will not feel the impact of this amount because the
planning, procurement and project management processes are still fraught
with nepotism, corruption and impunity that many projects may end up on
the abandoned projects list - after billions have been paid as fungible
mobilisation advances. Our nation must do better. We must demand that
our leaders do better!
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