FULL TEXT: As Local Content Law lingers In Legislature, Nigeria’s Acting President Signs 3 Executive Orders

by Bamidele Ogunberu Posted on May 19th, 2017

A release from the Senior Special Assistant (Media and Publicity) to the President,Laolu Akande, states that Nigeria’s Acting President, Yemi Osinbajo has signed three executive orders which go into force with immediate effect.

Text of the Executive Order By Nigeria Acting President Yemi Osinbajo

1. All Ministries, Departments and Agencies (MDAs) of the FGN shall grant preference to local manufacturers of goods and service providers in their procurement of goods and services.

2. Any document issued by any MDA of the FGN for the solicitation of offers, bids, proposals or quotations for the supply or provision of goods and services (Solicitation Document), in accordance with (1) above, shall expressly indicate the preference to be granted to domestic manufacturers, contractors and service providers and the information required to establish the eligibility of a bid for such preference.

3. All Solicitation Documents shall require bidders or potential manufacturers, suppliers, contractors and consultants to provide a verifiable statement on the local content of the goods or services to be provided.

4. Made-in-Nigeria products shall be given preference in the procurement of the following items and at least 40% of the procurement expenditure on these items in all MDAs of the FGN shall be locally manufactured goods or local service providers:
a. Uniforms and Footwear;
b. Food and Beverages;
c. Furniture and Fittings;
d. Stationery;
e. Motor Vehicles;
f. Pharmaceuticals;
g. Construction Materials; and
h Information and Communication Technology;

5. Within 90 days of the date of this Order, the heads of all MDAs of the FGN shall:
a. assess the monitoring, enforcement, implementation, and compliance with this Executive Order and local content stipulations in the Public Procurement Act or any other relevant Act within their agencies;
b. propose policies to ensure that the Federal Government’s procurement of goods and services maximises the use of goods manufactured in Nigeria and services provided by Nigerian citizens doing business as sole proprietors, firms, or companies held wholly by them or in the majority; and
c. submit such findings to the Honourable Minister of Industry, Trade & Investment.

6. Within 180 days of the date of this order, the Minister of Industry, Trade and Investment in consultation with the Director-General of the Bureau for Public Procurement shall submit to the President, a report on the Made-in-Nigeria initiative that includes findings from paragraph 4 above. This report shall include specific recommendations to strengthen the implementation of Local Content Laws and local content procurement preference policies and programmes.

7. For the purpose of this Order, “local content” means the amount of Nigerian or locally produced human and material resources utilised in the manufacture of goods or rendering of services.

8. This Executive Order shall take effect immediately.
Dated this 18th day of May 2017.
SIGNED BY
Prof. Yemi Osinbajo, SAN, GCON
Acting President of the Federal Republic of Nigeria

Author

Bamidele Ogunberu

Bamidele Ogunberu

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