The contractor for the rehabilitation of the Port Harcourt refinery, Maire Tecnimont S.P.A, has failed to provide a completion date despite a formal request from human rights lawyer Femi Falana.
Recall that Falana had sought clarity under Nigeria’s Freedom of Information Act regarding the $1.5 billion project, which has faced multiple delays since its inception in April 2021.
Tecnimont had earlier said it would announce the completion date by October 2, 2024.
However, in response, Tecnimont’s legal team stated they are not obligated to disclose such information as they are a private contractor not bound by the Act, a report by Sahara Reporters.
This refusal comes after several missed deadlines for the refinery’s operational restart
In response, Maire Tecnimont’s legal representative, Muyiwa Ogungbenro, a partner at Olajide Oyewole LLP, sent a letter to Falana on Monday, declining to reveal the information
Ogungbenro stated that the managing director of Maire Tecnimont S.P.A, as part of an independent private contractor, is not obligated to disclose such information under the FOI Act.
“We are counsel to Maire Tecnimont SpA, and we have our client instruction to respond to your letters dated 17 and 24 September 2024 requesting for information on the contract between our client and Nigerian National Petroleum Company Ltd, Sahara Reporters quoted from the statement.
“Our client is a private company. Being a private independent contractor, our client is not a company in which any government has a controlling interest, and does not provide public services, functions nor utilising public funds for them to be bound by the obligations in the Freedom of Information Act.”
“On this ground, our client regrettably cannot provide the information you have requested,” Ogungbenro added.
In September, Falana officially requested information regarding the completion date for the long-overdue rehabilitation of the Port Harcourt refineries.
In a letter addressed to the managing director of Maire Tecnimont S.P.A., the company handling the project, Falana referenced the $1.5 billion contract awarded by the Federal Government of Nigeria for the overhaul of the refineries.
The request, made under the Nigerian Freedom of Information Act, seeks clarity on the timeline for the long-awaited refinery overhaul.
Falana, who chairs the Alliance on Surviving COVID-19 and Beyond (ASCAB), an influential NGO in Nigeria, expressed the urgency of obtaining transparency on the progress of the rehabilitation project.
In his letter, dated September 17, 2024, Falana stated, “I have confirmed that the Federal Government of Nigeria awarded the contracts for the rehabilitation of the Port Harcourt refineries to your reputable company for the sum of US$1.5bn.”
Falana explained that 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, “It has therefore become necessary to request the Management of your company to furnish me with information on the completion dates of the rehabilitation of the Port Harcourt refineries.
“As this request is made under the Freedom of Information Act applicable in Nigeria, you have seven days within which to respond to this letter.”
“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 Harcourt refineries.
“Therefore, if you fail to accede to my request, I will not hesitate to approach the Federal High Court for legal redress,” he had added.
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