NNPC wrong to reject my FOI request for accountability—Falana SAN

Human rights lawyer Femi Falana, SAN has
criticized the Nigerian National Petroleum Corporation (NNPC),
saying that, “The erroneous submission that the NNPC is not a
public institution is embarrassing in that their Counsel did not
advert her mind to section 2(7) of the Freedom of Information
Act which has defined public institutions to include the
NNPC.”

The NNPC had rejected FOI request by Falana
to provide information on the amount of money spent on petrol
subsidy and turnaround maintenance of refineries. The NNPC said
this in a letter titled, ‘Re: Request for Information on Proposed
Review of the Pump Price of Premium Motor Spirit’ dated March 1,
2018.

The NNPC said, “We regret to inform you that
the NNPC is not in a position to provide any information or
document as your request is incongruous with, unsupported by or
outside the scope and purview of the Freedom of Information Act. Be
informed that the FOI Act is not applicable to the NNPC because it
is not a public institution within the meaning of Section 31 of
FOIA.”

But Falana in a paper titled “Advancing the
anti-corruption fight: the role of lawyers” and delivered at the
SAY NO CAMPAIGN launched at Abuja on March 17, 2018 said, “Contrary
to the untenable contention of the Counsel the NNPC is a public
institution as the federal government has controlling interest in
it and it is utilizing public funds to provide public
services. Indeed, because the NNPC is a public institution its
budget is appropriated by the national assembly while its accounts
are audited by auditors appointed by the Auditor- General of the
Federation in line with section 85 of the Constitution.”

According to Falana, “In exercise of its
oversight functions the national assembly regularly conducts
investigation into allegations of corrupt practices. Of course, the
NNPC Board reports to President Buhari in his capacity as the head
of the federal government while the NNPC Management reports to him
as the Minister of the petroleum resources. It is therefore
preposterous to say that the corporation is not a public
institution.”

The paper read in part: “Under the FOI Act,
public institutions mean all authorities whether executive,
legislative or judicial agencies, ministries and extra-ministerial
departments of government, together with all corporations
established by law and all companies in which government has a
controlling interest, and private companies utilizing public funds,
providing public services or performing public
functions.”

“In exercise of my right under the Freedom of
Freedom of Information Act, I have had cause to request the NNPC to
provide information on the fuel importation scam. As it has no
answer to the questions which I raised the NNPC claimed that it is
not a public institution. In justifying the rejection of our
request for information with respect to the disgraceful importation
of fuel by Nigeria, a leading oil producing nation the NNPC Counsel
claimed that the Corporation is not bound by the provisions of the
Freedom of Information Act. With respect, the misleading submission
of the Counsel does not represent the position of the
Management of the NNPC.”

“It is on record that the NNPC Management had
once dissociated the Corporation from a similar view credited
to the NNPC Legal Department. Thus, during the induction
ceremony for newly recruited Graduate Trainees held at the NNPC
Towers in Abuja on August 10, 2012, the then NNPC Group Managing
Director, Mr. Andrew Yakubu recalled that following the enactment
of the Freedom of Information Act the NNPC Management had swiftly
established a Task Force with the goal of examining the law and
advising management on how best to comply with its
provisions.”

“In fact, for the avoidance of doubt, Mr.
Yakubu said that, ‘Long before the Freedom of Information Act came
into force, the NNPC has been maintaining an open door policy which
sees it volunteering information to its various policies through
press releases, advertorials and presentations at different forums
including hearings at the National Assembly.’”

“It was on the basis of the commitment of the
NNPC to ensure that its activities and operations live up to public
scrutiny that you disregarded the legal opinion of the Counsel when
you recently informed a bewildered nation that the NNPC had spent
$5.8 billion for the importation of fuel in just two months of this
year and that N744 is incurred daily as fuel subsidy.”

“The decision of the NNPC Management to
give details of the cost of importation of fuel has
exposed the claim of the Counsel that such matters are “trade
secrets” which cannot be disclosed “in the public interest” under
the Freedom of Information Act. Since the Board and Management of
the NNPC have not had cause to renounce the commitment of the
Corporation to comply with the provisions of the Freedom of
Information Act you ought to make it clear to the Counsel that the
days of opacity the running NNPC are over.”

“More so, that President Mohammadu Buhari had
stated during the inauguration of the current NNPC board on
November 18, 2016 that “Since the arrival of this administration,
there has been an improvement in transparency through publishing
monthly operational and financial report of the Corporation.
“

Human rights lawyer Femi Falana, SAN has
criticized the Nigerian National Petroleum Corporation (NNPC),
saying that, “The erroneous submission that the NNPC is not a
public institution is embarrassing in that their Counsel did not
advert her mind to section 2(7) of the Freedom of Information
Act which has defined public institutions to include the
NNPC.”

The NNPC had rejected FOI request by Falana
to provide information on the amount of money spent on petrol
subsidy and turnaround maintenance of refineries. The NNPC said
this in a letter titled, ‘Re: Request for Information on Proposed
Review of the Pump Price of Premium Motor Spirit’ dated March 1,
2018.

The NNPC said, “We regret to inform you that
the NNPC is not in a position to provide any information or
document as your request is incongruous with, unsupported by or
outside the scope and purview of the Freedom of Information Act. Be
informed that the FOI Act is not applicable to the NNPC because it
is not a public institution within the meaning of Section 31 of
FOIA.”

But Falana in a paper titled “Advancing the
anti-corruption fight: the role of lawyers” and delivered at the
SAY NO CAMPAIGN launched at Abuja on March 17, 2018 said, “Contrary
to the untenable contention of the Counsel the NNPC is a public
institution as the federal government has controlling interest in
it and it is utilizing public funds to provide public
services. Indeed, because the NNPC is a public institution its
budget is appropriated by the national assembly while its accounts
are audited by auditors appointed by the Auditor- General of the
Federation in line with section 85 of the Constitution.”

According to Falana, “In exercise of its
oversight functions the national assembly regularly conducts
investigation into allegations of corrupt practices. Of course, the
NNPC Board reports to President Buhari in his capacity as the head
of the federal government while the NNPC Management reports to him
as the Minister of the petroleum resources. It is therefore
preposterous to say that the corporation is not a public
institution.”

The paper read in part: “Under the FOI Act,
public institutions mean all authorities whether executive,
legislative or judicial agencies, ministries and extra-ministerial
departments of government, together with all corporations
established by law and all companies in which government has a
controlling interest, and private companies utilizing public funds,
providing public services or performing public
functions.”

“In exercise of my right under the Freedom of
Freedom of Information Act, I have had cause to request the NNPC to
provide information on the fuel importation scam. As it has no
answer to the questions which I raised the NNPC claimed that it is
not a public institution. In justifying the rejection of our
request for information with respect to the disgraceful importation
of fuel by Nigeria, a leading oil producing nation the NNPC Counsel
claimed that the Corporation is not bound by the provisions of the
Freedom of Information Act. With respect, the misleading submission
of the Counsel does not represent the position of the
Management of the NNPC.”

“It is on record that the NNPC Management had
once dissociated the Corporation from a similar view credited
to the NNPC Legal Department. Thus, during the induction
ceremony for newly recruited Graduate Trainees held at the NNPC
Towers in Abuja on August 10, 2012, the then NNPC Group Managing
Director, Mr. Andrew Yakubu recalled that following the enactment
of the Freedom of Information Act the NNPC Management had swiftly
established a Task Force with the goal of examining the law and
advising management on how best to comply with its
provisions.”

“In fact, for the avoidance of doubt, Mr.
Yakubu said that, ‘Long before the Freedom of Information Act came
into force, the NNPC has been maintaining an open door policy which
sees it volunteering information to its various policies through
press releases, advertorials and presentations at different forums
including hearings at the National Assembly.’”

“It was on the basis of the commitment of the
NNPC to ensure that its activities and operations live up to public
scrutiny that you disregarded the legal opinion of the Counsel when
you recently informed a bewildered nation that the NNPC had spent
$5.8 billion for the importation of fuel in just two months of this
year and that N744 is incurred daily as fuel subsidy.”

“The decision of the NNPC Management to
give details of the cost of importation of fuel has
exposed the claim of the Counsel that such matters are “trade
secrets” which cannot be disclosed “in the public interest” under
the Freedom of Information Act. Since the Board and Management of
the NNPC have not had cause to renounce the commitment of the
Corporation to comply with the provisions of the Freedom of
Information Act you ought to make it clear to the Counsel that the
days of opacity the running NNPC are over.”

“More so, that President Mohammadu Buhari had
stated during the inauguration of the current NNPC board on
November 18, 2016 that “Since the arrival of this administration,
there has been an improvement in transparency through publishing
monthly operational and financial report of the Corporation.
“