Lagos, Nigeria – Renowned human rights lawyer and Senior Advocate of Nigeria (SAN), Femi Falana, has issued a formal request to SAIPEM Contracting Nigeria Limited, demanding a timeline for the completion of the $1.5 billion contracts awarded for the rehabilitation of the Warri and Kaduna refineries.
Falana, in a letter dated September 17, 2024, stated that the contracts were awarded in April 2021 by the Federal Government of Nigeria. The rehabilitation projects were divided into three phases with expected completion dates of 21, 23, and 33 months, respectively. However, despite the initial timelines, the Nigerian National Petroleum Corporation Limited (NNPC) has repeatedly postponed the completion dates without clear updates.
Citing the Freedom of Information (FOI) Act, Falana demanded that SAIPEM disclose the anticipated completion dates for both refineries within seven days, stressing the importance of transparency in the execution of contracts funded by public resources.
In his letter, Falana wrote:
“It has 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 this request is made under the Freedom of Information Act applicable in Nigeria, you have seven days to respond.”
Falana, who is also the Chair of the Alliance on Surviving COVID-19 and Beyond (ASCAB), emphasized that SAIPEM, despite being a private entity, is bound by the FOI Act as it has received substantial public funds to execute the refinery rehabilitation project. He referenced a 2022 Court of Appeal ruling, Coscharis Motors Ltd. v. The E.I.E Project Ltd/GTE & Anor, which held that private entities performing public functions or utilizing public funds are subject to public accountability under the Act.
Falana further warned that failure to provide the requested information would result in legal action:
“Take notice that if you fail to accede to my request, I will not hesitate to approach the Federal High Court for legal redress.”
The rehabilitation of Nigeria’s refineries has long been a contentious issue, with repeated delays raising concerns over the country’s dependency on fuel imports. Falana stressed that timely completion of these projects is critical for Nigeria to meet its domestic refining goals and reduce the economic strain of importing refined petroleum products.
As of the time of filing this report, SAIPEM Contracting Nigeria Limited has yet to issue a formal response.