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Falana submitted a formal inquiry under the Nigerian Freedom of Information Act, seeking information regarding the completion timeline for the long-delayed refinery renovation.
In a letter sent to Falana on Thursday, Muyiwa Ogungbenro, a partner at Olajide Oyewole LLP representing Maire Tecnimont, indicated that the company is in the process of reviewing the inquiry.
Ogungbenro confirmed that a comprehensive response would be delivered by October 2, 2024, at the latest.
The rehabilitation of the Port Harcourt refineries has raised significant public concern, with ongoing delays exacerbating frustrations over Nigeria's reliance on imported petroleum products, despite having the capacity for domestic refining.
The letter stated, "We are counsel to Maire Tecnimont SPA, and we have our client's instruction to let you know that they have received your letters dated 17 and 24 September 2024 requesting for information on the contract between our client and Nigerian National Petroleum Company Ltd.
"Our client is considering your letters and they intend to get back to you on or before 2 October 2024."
On Monday, SaharaReporters disclosed that Falana has formally sought information regarding the completion timeline for the long-delayed rehabilitation of the Port Harcourt refineries.
In a correspondence directed to the Managing Director of Maire Tecnimont S.P.A., the firm responsible for the project, Falana highlighted the $1.5 billion contract granted by the Federal Government of Nigeria for the refineries' refurbishment.
This inquiry, made pursuant to the Nigerian Freedom of Information Act, aims to clarify the schedule for the long-anticipated refinery restoration.
Falana, who leads the Alliance on Surviving COVID-19 and Beyond (ASCAB), a prominent NGO in Nigeria, emphasized the necessity for transparency concerning the progress of the rehabilitation initiative.
In his letter, dated September 17, 2024, Falana remarked, "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."
He further noted that according to the contract terms awarded in April 2021, the project is projected to be completed in three phases lasting 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."
"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.
"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.”