Provide Completion Dates For Warri, Kaduna Refineries’ Rehabilitation Or Face Legal Action, Falana Writes SAIPEM Nigeria
According to Falana, the contract was awarded in April 2021 with the projects divided into three phases, expected to be completed within 21, 23, and 33 months, respectively.
Human rights lawyer and Senior Advocate of Nigeria (SAN), Femi Falana, has formally written to the Managing Director of SAIPEM Contracting Nigeria Limited, seeking information on the completion dates of the rehabilitation projects for the Warri and Kaduna refineries.
He said the contracts, awarded by the Federal Government of Nigeria to the Italian engineering company, were valued at $1.5 billion.
According to Falana, the contract was awarded in April 2021 with the projects divided into three phases, expected to be completed within 21, 23, and 33 months, respectively.
However, the senior lawyer raised concerns over the lack of transparency and timely updates regarding the status of the rehabilitation works.
Falana, citing Nigeria’s Freedom of Information (FOI) Act, demanded that SAIPEM provide detailed information on the expected completion dates of both refineries within seven days.
SAIPEM NIGERIA
He stressed that such information was critical for holding the government and contractors accountable, ensuring that the nation’s petroleum industry could meet its domestic refining goals and reduce dependency on fuel imports.
Falana’s letter, dated September 17, 2024, stated, “I am Femi Falana, a Nigerian lawyer and the Chair of the Alliance on Surviving COVID-19 and Beyond (ASCAB), a non-governmental organization in Nigeria.
“I have confirmed that the Federal Government of Nigeria awarded the contracts for the rehabilitation of Warri and Kaduna refineries in Nigeria to your reputable company for the sum of US$1.5bn.
“In line with the terms of the contract which was awarded sometime in April 2021, the project was required to have been completed in three phases of 21, 23, and 33 months.
“As you are no doubt aware, the Nigerian National Petroleum Corporation Limited has, on several occasions, postponed the completion dates of the rehabilitation of the Warri and Kaduna refineries.
“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 Warri and Kaduna refineries. As the request is made under the Freedom of Information Act applicable in Nigeria, you have seven days within which to respond to this letter.”
SAIPEM NIGERIA
It continued, “Notwithstanding that Saipem is a private company, it is bound by the provisions of the Freedom of Information Act because it has utilised huge public funds to execute the rehabilitation contract. 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.”
Falana stated that, in view of the foregoing, the company is advised to accede to the request to assure the Nigerian people that the contract sum has been judiciously utilized for the rehabilitation of the Kaduna and Warri refineries.
“Take notice that if you fail to accede to my request, I will not hesitate to approach the Federal High Court for legal redress,” he added.
