Socio-Economic Rights and Accountability Project (SERAP)
Socio-Economic Rights and Accountability Project (SERAP) has
sued the Minister of Power, Works and Housing Mr Babatunde Fashola
SAN over “failure to disclose 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.”
In the suit number FHC/L/CS/105/19 filed last week at the
Federal High Court, Ikoyi, Lagos, SERAP is seeking “an order for
leave to apply for judicial review and an order of mandamus
directing and/or compelling Mr Fashola to provide specific details
on the names and whereabouts of the contractors who collected
public funds meant for electricity projects but disappeared with
the money without executing any projects.”
The suit followed SERAP’s Freedom of Information request dated 4
January, 2019 giving Mr Fashola 14 days 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.”
The organization said: “publishing the names will make it hard
for contractors and companies to get away with complicity in grand
corruption. The citizens have the right to see that the Freedom of
Information Act is enforced where there is an infraction of the
right to information or a threat of its being violated, in matters
of public interests.”
The suit filed on behalf of SERAP by its counsel, Adelanke Aremo
read in part: “by compelling Mr Fashola to name
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.”
“Granting the order as prayed would ensure that allegations of
complicity in grand corruption by contractors and companies in the
power sector do not 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.”
“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.”
“The 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.”
The suit is seeking the following reliefs:
- AN ORDER directing and/or compelling the Respondent to
compile and make available to the Applicant documents containing
the specific names and details of 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 contracts and companies, details on the level
of implementation of electricity projects and their specific
locations across the country and to publish widely including on a
dedicated website, any such information - AN ORDER directing and/or compelling the Respondent to
compile and make available to the Applicant documents and
information containing the 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 and to publish widely
including on a dedicated website, any such information - AN ORDER directing and/or compelling the Respondent to
disclose if there is any ongoing investigation or prosecution of
allegedly corrupt contractors and companies in the electricity
sector - A DECLARATION that the failure of the Respondent to
provide the Applicant with information containing the specific
names and details of 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, and failure to widely publish it on a dedicated
website, any such information amounts to a fundamental breach of
the Freedom of Information Act 2011 - A DECLARATION that the failure of the Respondent to
provide the Applicant with specific documents and information
containing the names and details of contractors and companies that
allegedly collected money for electricity projects but failed to
execute any of such projects, starting from the return of democracy
in 1999 to 2018 and failure to widely publish it on a dedicated
website, any of such information amounts to a breach of the Freedom
of Information Act 2011 - A DECLARATION that the failure of the Respondent to
disclose if there is any ongoing investigation or prosecution of
allegedly corrupts contractors and companies in the electricity
sector amounts to a breach of the Freedom of Information Act
2011 - AND for such further order or orders as the Honourable
Court may deem fit to make in the circumstance.
“Publishing the names of contractors will contribute to ending a
pattern of corruption in the power sector and 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.”
“Granting the reliefs sought will ensure that punitive and
dissuasive measures are taken against corrupt contractors and
companies, shareholders and others that might have any ownership
interests in companies responsible for failed execution of power
projects in the country.”
“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.”
No date has been fixed for the hearing of the suit.
Read more serap-asks-court-to-compel-fashola-to-name-contractors-who-disappeared-with-project-money/