Femi Falana

Nigerian human rights lawyer, Femi Falana, SAN has written to the contractors handling the rehabilitation of the Port Harcourt, Warri and Kaduna Refineries, demanding information on the completion date for the rehabilitation works.

Falana, in his letter, said the companies may be private entities, but the Freedom of Information (FOI) Act makes them bound to respond to his request because they used public funds for the refinery rehabilitation.

The senior advocate addressed his letters to the Managing Directors of both firms handling the project, Marie Tecnimont S.P.A and Saipem Contracting Nigeria Ltd.

Falana, in the letters dated Sept 17 as reported by Channels Television, confirmed that the Federal Government awarded Maire Tecnimont S.P.A. the contracts for the rehabilitation of the Port Harcourt refineries for the sum of US$1.5bn while Saipem got the contracts for the Warri and Kaduna refineries for the same amount.

“In line with the terms of the contract which was awarded sometime in April 2021, the project is expected to be completed in three phases of 18, 24 and 44 months,” he said.

The lawyer added that failure to provide the requested information will result in legal redress at the court.

“In the case of Coscharis Motors Ltd. v. The E.I.E Project Ltd/GTE & Anor. (2022) CLRN 63, the Court of Appeal held that a “private body or company would be as accountable as a public institution or body under the Act if it has provided any form of public services, or performed any form of public function or utilized public funds.

“In view of the foregoing, you are advised to accede to our request in order to assure the Nigerian people that the contract sum of $1.5 billion has been judiciously utilised for the rehabilitation of the Port Harcout refineries,” he said.