The Managing Director of Maire Tecnimont S.P.A, the company awarded a $1.5 billion contract by the Federal Government of Nigeria for the Port Harcourt Refinery has formally responded to human rights lawyer, Femi Falana, SAN.

Falana had filed an official request under the Nigerian Freedom of Information Act, seeking clarity on the completion date of the much-delayed refinery overhaul.
In a letter addressed to Falana on Thursday, Maire Tecnimont’s legal representative, Muyiwa Ogungbenro, a partner at Olajide Oyewole LLP, stated that the company is currently reviewing the request.

Ogungbenro assured that a detailed response would be provided no later than October 2, 2024.

The rehabilitation of the Port Harcourt refineries has been a subject of public concern, with repeated delays fueling frustration over the country’s dependence on imported petroleum products despite possessing domestic refining capacity.

The letter read, “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.”

Earlier on Monday, SaharaReporters reported that Falana officially requested information regarding the completion date for the long-overdue rehabilitation of the Port Harcourt refineries.

In a letter addressed to the Managing Director of Maire Tecnimont S.P.A., the company handling the project, Falana referenced the $1.5 billion contract awarded by the Federal Government of Nigeria for the overhaul of the refineries.

The request, made under the Nigerian Freedom of Information Act, seeks clarity on the timeline for the long-awaited refinery overhaul.

Falana, who chairs the Alliance on Surviving COVID-19 and Beyond (ASCAB), an influential NGO in Nigeria, expressed the urgency of obtaining transparency on the progress of the rehabilitation project.

In his letter, dated September 17, 2024, Falana stated, “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.”

Falana explained that in line with the terms of the contract which was awarded sometime in April 2021, the project is expected to be completed in three phases of 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.”