The approving authority for the conduct of Public Procurement under the Public Procurement Act 2007.
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in the Act as may from time to time be determined by the National
Council on Public Procurement, the following respective bodies
constitute the approving authority for the conduct of Public
Procurement:
(a) In the case of:
(a) a government agency, parastatals, or corporation,
(b) A parastatal Tenders Board; and
(ii) a ministry or extra-ministerial entity, the Ministerial Tenders
Board
However it is important to note that by virtue of the Provisions of
section 22(5) of the Public Procurement Act which states that "The
decision of the Tenders Board shall be communicated to the Minister
for implementation" AND which means that contract cannot be signed
without the knowlege of the Minister
and by virtue of the provisions of section 19 of the Public
Procurement Act which out lines the implementation process as follows
"Subject to regulations as may from time to time be made by the Bureau
under the direction of the Council, a procuring entity shall, in
implementing its procurement plans.
(a) Advertise and solicit for bids in adherence to this Act and
guidelines as may be issued by the Bureau from time to time;
(b) To invite two credible persons as observers in every procurement
process, one person each representing a recognized:
(i) Private sector professional organization whose expertise is
relevant to the particular goods or service being procured; and
(ii) Non- governmental organization working in transparency
accountability and anti-corruption areas, and the observers shall not
intervene in the procurement process but shall have right to submit
their observation report to any relevant agency or body including
their own organizations or associations;
c) Receive, evaluate and make a selection of the bids received in
adherence to this Act and guidelines as may be issued by the Bureau
from time to time;
(d) Obtain approval of the approving authority before making an award;
(e) Debrief the bid losers on request;
(f) Resolve complaints and disputes, if any,
(g) Obtain and confirm the validity of any performance guarantee;
(h) Obtain a “Certificate of ‘No Objection’ to Contract Award” from
the Bureau within the prior review threshold as stipulated in section
6 (1) (a) of this Act;
(i) Execute all Contract Agreements; and
(j) Announce and publicize the award in the format stipulated by this
Act and guidelines as may be issued by the Bureau from time to
time."
AND by virtue of the Provisions of sections 5(1) and 148(1) of the
1999 constitution as well as section 14,15,16 and other relevant
sections of the 1999 constitution ,the constitutional Approval/
Assent bodies/ officers for contracts already awarded by the
respective tenders boards that is within certain thresholds as may
be set by the National council on Public Procurement include the
President and Commander in CHIEF, Senate President,Speaker of House of
Representatives,the chief Justice of the Federation and the fedearal
executive council.