Maire Tecnimont S.P.A., the contractor tasked with rehabilitating the Port Harcourt Refineries under a $1.5 billion contract awarded by the Nigerian government, has declined to provide a completion date for the project. This decision follows a formal inquiry from prominent human rights attorney Mr. Femi Falana, SAN, who sought transparency regarding the long-stalled rehabilitation efforts.
Falana’s request was submitted under Nigeria’s Freedom of Information (FOI) Act, emphasizing the need for clarity on the progress of the refinery rehabilitation. However, Muyiwa Ogungbenro, a legal representative for Maire Tecnimont and a partner at Olajide Oyewole LLP, responded with a letter on Monday, stating that the Managing Director is not required to disclose such details.
In the correspondence, Ogungbenro explained, “As counsel to Maire Tecnimont S.P.A., we are responding to your letters dated September 17 and 24, 2024, regarding the contract with the Nigerian National Petroleum Company Ltd. Our client operates as a private entity and does not have a controlling interest from the government. Therefore, they are not bound by the provisions of the Freedom of Information Act.”
He further noted that due to this status, the company could not provide the requested information.
In September, it was reported that Falana had officially reached out for information about the completion timeline for the delayed refinery rehabilitation. His letter addressed to the Managing Director highlighted the substantial $1.5 billion contract granted by the government for this crucial overhaul.
Falana, who leads the Alliance on Surviving COVID-19 and Beyond (ASCAB), an influential non-governmental organization in Nigeria, stressed the importance of transparency regarding the project’s status. In his September 17 letter, he referenced the contract awarded in April 2021, which stipulates a completion timeframe divided into three phases of 18, 24, and 44 months.
He asserted, “It has become necessary to request your company’s management to provide information on the completion dates of the Port Harcourt refineries’ rehabilitation. As per the Freedom of Information Act in Nigeria, you are expected to respond within seven days.”
Falana concluded by urging compliance with the request to assure the public that the $1.5 billion allocated for the project has been effectively utilized. He also warned that failure to respond could result in legal action in the Federal High Court.
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