Publish ‘names of contractors that disappeared with money for power projects’, SERAP tells Fashola

Socio-Economic Rights and Accountability Project (SERAP) has
sent a Freedom of Information request to Babatunde Fashola, SAN,
Minister of Power, Works and Housing urging him to use his good
offices and leadership position to “urgently provide information on
specific names and details of contractors and companies that
allegedly collected money for electricity projects but failed to
execute any projects, starting from the return of democracy in 1999
to 2018.”

According to SERAP, former Nigeria’s Vice President and
Presidential candidate of the Peoples Democratic Party (PDP),
Alhaji Atiku Abubakar reportedly blew the whistle on Channels TV
when he said, “Contractors were given some contracts for power
projects and were paid hundred percent upfront. The money went down
the drain. Up till now, we are not holding the contractors
responsible. People have collected money upfront one hundred
percent and have disappeared; and have not even done any work.”

SERAP said: “The revelation by Alhaji Atiku is entirely
consistent with SERAP’s recent report titled: From Darkness to
Darkness: How Nigerians are Paying the Price for Corruption in the
Electricity Sector, which also revealed how over N11 trillion meant
to provide regular electricity supply was allegedly squandered by
politicians and contractors under successive governments.”

In the FOI request dated 4 January, 2019 and signed by SERAP
senior legal adviser Bamisope Adeyanju, the organization said: “By
publishing the names of the contractors and their registration
details, if any, Nigerians will be better able to hold them to
account for allegedly absconding with public funds meant for
electricity projects, thereby throwing the country into perpetual
darkness and socio-economic stagnation as well as denying people
their human rights.”

The organization also said: “publishing the names will make it
hard for contractors and companies to get away with complicity in
grand corruption. If the requested information is not provided
within 14 days of the receipt and/or publication of this letter,
SERAP shall take all appropriate legal actions under the Freedom of
Information Act to compel you to comply with our request.”

The FOI request read in part: “It is important to show that your
office and indeed this administration would not shield or allow
ingrained wrongdoing by contractors and companies in the power
sector to go unpunished. Unless the names of the contractors and
companies are disclosed and widely published, alleged corrupt
contractors and companies executing electricity projects will not
be deterred and the victims of corruption that they committed will
continue to be denied justice and effective remedies.”

“SERAP urges you to publish the names of all contractors and
companies that have been engaged in the power sector since the
return of democracy in 1999 to date, details of specific projects
and the amounts that have been paid to the contractors and
companies, details on the level of implementation of electricity
projects and their specific locations across the country.”

“SERAP is concerned that to date no contractors or companies who
allegedly collected money for electricity projects not executed or
poorly executed have been investigated for corruption let alone
prosecuted and fined. Senior public officials who apparently served
as intermediaries for these contractors and companies continue to
escape justice.”

“We are concerned that allegations of corruption involving many
contractors and companies in the power sector have continued to
impair, obstruct and undermine the ability of successive
governments to provide Nigerians with access to regular and
uninterrupted electricity supply.”

“Contractors and companies that allegedly disappeared with
public funds meant for electricity projects may also be liable for
aiding and abetting the commission of acts of grand
corruption.”

“SERAP also urges you to refer contractors and companies that
allegedly collected hundred percent payment upfront to appropriate
anticorruption agencies for further investigation, and where there
is relevant admissible evidence, for them to face prosecution.”

“Doing this will show your willingness to end a pattern of
corruption in the power sector and to improve access of Nigerians
to regular and uninterrupted electricity supply. It will also allow
citizens to track the level of execution of electricity projects by
contractors and companies and reduce impunity for corrupt acts in
the sector.”

“Failure to publish the names of alleged corrupt contractors and
companies in the power sector will undermine the government’s
oft-expressed commitment to holistically fight grand corruption and
improve access of Nigerians to regular and uninterrupted
electricity supply.”

“Similarly, failure to take punitive and dissuasive measures
would allow corrupt contractors and companies to continue to
undermine the rule of law and socio-economic development of the
country, restricting access of disadvantaged and marginalized
communities to regular and uninterrupted electricity supply.

“SERAP notes that the UN Convention against Corruption to which
Nigeria is a state party contains requirements of integrity and
honesty in economic, financial or commercial activities-in the
public and private sectors. It also imposes obligations on the
government to ensure that sanctions imposed for corruption on
natural and legal persons are effective, proportionate and
dissuasive.”

“We urge you to establish online national database for all
contractors and companies, shareholders and others that might have
any ownership interests in companies responsible for executing
power projects in the country. We also urge you to disclose if
there any on-going investigation or prosecution of allegedly
corrupt contractors and companies in the electricity sector.”

“By Section 1 (1) of the Freedom of Information (FOI) Act 2011,
SERAP is entitled as of right to request for or gain access to
information, including information on alleged corrupt contractors
and companies that have collected money for electricity projects
and disappeared with public funds rather than executing the
projects.”

“By Section 4 (a) of the FOI Act when a person makes a request
for information from a public official, institution or agency, the
public official, institution or urgency to whom the application is
directed is under a binding legal obligation to provide the
applicant with the information requested for, except as otherwise
provided by the Act, within 7 days after the application is
received.”

“The information being requested does not come within the
purview of the types of information exempted from disclosure by the
provisions of the FOI Act. The information requested for, apart
from not being exempted from disclosure under the FOI Act, bothers
on an issue of national interest, public concern, interest of human
rights, social justice, good governance, transparency and
accountability.”

“According to our information, former Nigeria’s Vice President
and Presidential candidate of the Peoples Democratic Party (PDP),
Alhaji Atiku Abubakar blew the whistle on Channels TV when he said,
“We collected money from local, state and federal governments and
others. Contractors were given some contracts and were paid hundred
percent upfront. Up till now, we are not holding the contractors
responsible. People have collected money upfront one hundred
percent and have disappeared; and have not even done any work.”