Reviewing Nigeria’s Executive Order 5

During his first term in office, President Muhammadu Buhari of Nigeria signed an executive order, prohibiting issuance of visas to foreign workers or experts whose skills are readily available in the country.

The proclamation tagged ‘Executive Order 5’, which was endorsed precisely on 5th February 2018, was targeted to improve local content in public procurement in regard to science, engineering and technology in general.

It was expected to promote the application of science and technology with a view to achieving the country’s development and innovation goals across all sectors of the economy.

The president, pursuant to the authority vested in him by the Nigeria’s 1999 Constitution, as amended, ordered that all procuring agencies shall give preference to Nigerian companies in the award of contracts in accordance with the Public Procurement Act 2007.

The order, however, stipulates that in a situation where the required expertise is lacking within the country, procuring entities shall grant preference to foreign firms with a “demonstrable and verifiable plan for indigenous development prior to the award of such contracts”.

The document entitled ‘Presidential Executive Order 5 for planning and execution of projects, promotion of Nigerian content in contracts concerning science, engineering and technology components’ further directs Ministries, Departments and Agencies (MDAs) to engage indigenous professionals in the onward planning, design and execution of national security projects.

It’s always wholesome and ideal to consider the feasibility study of any introduced policies or whatever policy that’s being awaited, hence that of Executive Order 5 wouldn’t be exceptional if the government is really prepared to achieve its goals.

It’s noteworthy that Nigerians as a people celebrated profusely in regard to the emergence of the said proclamation. However, over three years after the lofty pronouncement, the order is yet to be fully implemented.

Let’s dissect some key parameters that are likely to pose as limitations to the policy. It’s worth noting that the Executive Order 5 is silent regarding the foreign skills already domiciled in Nigeria. As I reacted when it came on board, an order of this kind requires additional clauses to make it more elaborate and understandable for thorough effective implementation.

Since the order is reportedly meant to promote local content, I’m keenly interested in knowing what becomes of the fate of the foreign firms established anywhere across the federation. The citizenry need to be intimated on how the new tech policy would affect foreign experts – either individuals or entities – that are already practising in the country.

Are they going to be segregated whenever any procurement process is ongoing or ought to be treated as equal to the indigenous professionals? If the former is to be the case, then it simply means the order is equally asking them to vacate their stay in Nigeria.

If the government is truly keen in improving as well as promoting the country’s local content, some clauses must be stated clearly in the Executive Order 5. I’m not anywhere advocating for outright sack of foreign content domiciled in the country but it’s pertinent to make any policy self-explanatory and transparent, hence the need for further review.

Another amazing part that caught my attention in the order was where it’s stipulated there must be a plan for indigenous development in a situation where the needed skills aren’t available “prior to the award of such contracts”.

That means, before any contract would be awarded to a foreign contractor as a result of lapse, there must be tangible plans put in place towards addressing such lapses or loopholes. The concerned authorities must take into cognizance that the actualization of such policy is far-fetched if the required mechanisms didn’t follow suit.

I won’t hesitate to enquire about the authority that’s expected to remedy the system when the aforementioned situation arises. We need to be told the entity that would be saddled with the responsibility of developing the lacking indigenous skills. I’m, therefore, asserting that if the government failed to set up a special agency strictly in this regard, such an order is already dead on arrival.

We have witnessed circumstances where a sitting government preferred to merely tender a certain policy without consequently coming up with the needed mechanism toward adequately implementing the document as well as actualizing every clause enshrined in it. It seems this is one of them.

The fact remains that Nigeria’s tech sector is severely bleeding, thus seriously in need of an overhaul. The country’s leadership must comprehend that for such a total turnaround to be realized, the leaders must wear the required political will like clothing.

As much as I invariably pick interest in such technologically-oriented policies like the Executive Order 5, I don’t find it difficult to analyze the prospects and encumbrances surrounding them.

I want to state categorically that the order in question is a welcome development and a step in the right direction considering how far and how well the country’s technology at large has fared thus far. But there’s a compelling need for its feasibility study to be drastically considered if it’s born out of genuine intention.

In view of this, the Buhari-led administration is urged to involve reliable and competent hands and also consult the cognoscenti with a view to ensuring apt implementation of the order.

It’s not anymore news that those who are well imbued with technology-related knowledge have for decades now been sidelined, hence leading to brain drain which is currently affecting Nigeria’s economy negatively. This aspect needs to be holistically addressed headlong.

It’s therefore inconsequential to enjoin Mr. President to ensure the needful is done towards making the policy effective as well as sustaining it in the long run.