Maile Tecnimont SPA, the contractor for the rehabilitation of the Port Harcourt refinery, has not given a completion date despite a formal request from human rights lawyer Femi Falana.
Recall that Mr. Falana had sought clarification under Nigeria’s Freedom of Information Act on the $1.5 billion project, which has faced multiple delays since its launch in April 2021.
Tecnimont previously said it would announce a completion date by October 2, 2024.
However, Tecnimont’s legal team said it was not obliged to disclose such information because it is a private contractor not bound by the law, Sahara Reporter reported.
The refusal came after several deadlines for restarting the refinery had passed.
In response, Maile Teknimont’s legal representative, Muyiwa Ogunbenro, a partner at the Olajide Oyewole law firm, wrote to Falana on Monday refusing to release the information.
Mr Ogunbenro said the Managing Director of Maile Tecnimont SPA, as part of an independent private contractor, was not obliged to disclose such information under the FOI Act.
“We are the lawyers of Maile Tecnimont, and we have instructed our client to respond to our letters dated September 17 and 24, 2024, requesting information regarding the contract between our client and the Nigerian National Oil Company. , Sahara Reporter quoted from the statement.
“Our clients are private companies. Our clients, who are private independent contractors, are not companies in which the government has a controlling interest and which provide public services or functions or are bound by Freedom of Information Act obligations. We do not use public funds.”
“As a result, our client is unfortunately unable to provide the information you have requested,” Ogunbenro added.
In September, Falana formally requested information on the completion date of the long-delayed renovation of the Port Harcourt refinery.
In a letter to the managing director of Maile Tecnimont SPA, the company in charge of the project, Falana referred to the $1.5 billion contract awarded by the Federal Government of Nigeria to overhaul the refinery.
The request, made under Nigeria’s Freedom of Information Act, seeks clarity on the timeline for the long-awaited overhaul of the refinery.
Falana, who chairs the Alliance for Survival of COVID-19 (ASCAB), an influential NGO in Nigeria, expressed the urgency of ensuring transparency on the progress of recovery projects. did.
In a letter dated September 17, 2024, Falana said: “We can confirm that the Federal Government of Nigeria has awarded a contract for the rehabilitation of the Port Harcourt Refinery to your reputable company for a total amount of US$1.5 billion.” Ta.
Falana explained that according to the terms of the contract signed during April 2021, the project is scheduled to be completed in three phases of 18, 24 and 44 months.
He said: “Therefore, it has become necessary for me to request your management to provide me with information regarding the date of completion of the Port Harcourt Refinery renovation work.
“Please respond to this letter within seven days as this request is made under the Freedom of Information Act applicable in Nigeria.”
“In view of the foregoing, we advise you to accede to our request to assure Nigerians that the contract amount of $1.5 billion has been wisely utilized in the rehabilitation of the Port Harcourt Refinery.
“Therefore, if you do not comply with my demands, I will not hesitate to seek legal redress from the Federal High Court,” he added.
