Senior Advocate of Nigeria, Femi Falana, has written to two contractors, Maire Tecnimont S.P.A. and Saipem Contracting Nigeria Ltd, seeking clarification on the completion date for the rehabilitation of the Port Harcourt, Warri, and Kaduna refineries.
The letters, dated September 17, addressed to the Managing Directors of both companies, which were awarded the contracts for the refineries’ rehabilitation.
In his letters, Falana confirmed that the Federal Government awarded Maire Tecnimont S.P.A. a $1.5 billion contract for the rehabilitation of the Port Harcourt refineries, while Saipem was contracted for the same amount to work on the Warri and Kaduna refineries.
“As per the contract terms awarded in April 2021, the project was to be completed in three phases over 18, 24, and 44 months,” Falana stated.
The senior advocate made his request under the Freedom of Information Act, which gives the contractors seven days to respond. He emphasized that, despite being private entities, both companies are bound by the Act due to the substantial public funds allocated for the rehabilitation projects. Failure to provide the requested information, Falana warned, would result in legal action.
Citing the Court of Appeal’s ruling in Coscharis Motors Ltd. v. The E.I.E Project Ltd/GTE & Anor. (2022) CLRN 63, Falana noted that a private company can be held accountable under the Act if it performs public functions or utilizes public funds.
“In light of this, you are urged to comply with our request to assure Nigerians that the $1.5 billion contract sum has been appropriately utilized for the rehabilitation of the Port Harcourt refineries,” Falana concluded.