The Federal High Court sitting in Lagos, in a landmark judgment,
has ordered the “immediate release of details of payments to all
defaulting and allegedly corrupt electricity contractors and
companies by the governments of former President Olusegun Obasanjo,
former President Umaru Musa Yar’Adua, former President Goodluck
Jonathan, and the government of Muhammadu Buhari.”
The judgment was delivered last Friday by Justice Chuka Austine
Obiozor, a Professor of Law, following a Freedom of Information
suit number FHC/L/CS/105/19 brought by the Socio-Economic Rights
and Accountability Project (SERAP).
Justice Obiozor also ordered: “the full disclosure and
publication of the names of companies and the whereabouts of the
contractors paid by successive governments since the return of
democracy in 1999 to carry out electricity projects across the
country but disappeared with the money without executing any
projects.”
This development was disclosed today in a statement by SERAP
deputy director Kolawole Oluwadare.
The details ordered by the court to be disclosed and published
on a dedicated website and widely, include information on:
“specific names and details about contractors and companies paid by
each government, the total amounts paid by each government and the
objects for the payments, the level of implementation of
electricity projects, as well as details and specific locations of
projects executed across the country by each government since
1999.”
The court also ruled in the suit brought against the Federal
Government and the Ministry of Power, that: “the failure by the
government of President Muhammadu to provide SERAP with the details
of payments made to contractors by each government since 1999 is a
breach of the Freedom of Information Act, 2011.”
The court also ordered the government of President Muhammadu
Buhari to “urgently disclose if there is an ongoing investigation
or prosecution of contractors and companies paid by successive
governments since 1999 to carry out electricity projects but failed
to execute the projects for which public funds were collected.”
Justice Obiozor in his judgment granted the following
reliefs:
- A DECLARATION is hereby made that the failure and/or
refusal of the Respondent [Federal Government/Ministry of Power] to
provide SERAP with documents and information containing the
specific names and details of contractors and companies that have
been engaged in the power sector by successive governments since
1999, 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 of such information, amounts to a breach of the
obligations under the Freedom of Information Act 2011 - A DECLARATION is hereby made that the failure and/or
refusal of the Respondent [Federal Government/Ministry of Power] to
provide SERAP with specific documents and information containing
the specific names and details of contractors and companies that
allegedly collected money for electricity projects from successive
governments since 1999 but failed to execute any of such projects,
and failure to widely publish it on a dedicated
website, any of such information, amounts to a breach of the
Respondent’s responsibility/obligation under the Freedom of
Information Act 2011 - AN ORDER OF MANDAMUS is made directing and compelling
the Respondent [Federal Government/Ministry of Power] to urgently
compile and make available to SERAP documents and information
containing the specific names and details of contactors and
companies that have been engaged in the power sector by successive
governments 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
of such information - AN ORDER OF MANDAMUS is made directing and compelling
the Respondent [Federal Government/Ministry of Power] to urgently
compile and make available to SERAP documents and information
containing the specific names and details of contactors and
companies that allegedly collected money for electricity projects
from successive governments since 1999 but failed to execute any
projects - A DECLARATION is hereby made that the failure and/or refusal of
the Respondent [Federal Government/Ministry of Power] to urgently
disclose if there is an ongoing investigation or prosecution of
allegedly corrupt contractors and companies in the electricity
sector, amounts to a breach of the Respondent’s
responsibility/obligation under the Freedom of Information Act
2011 - AN ORDER OF MANDAMUS is made directing and compelling
the Respondent [Federal Government/Ministry of Power] to urgently
disclose if there is an ongoing investigation or prosecution of
allegedly corrupt contractors and companies in the electricity
sector.
SERAP deputy director Kolawole Oluwadare said: “We welcome the
ground-breaking judgment by Justice Obiozor as a victory for
transparency and accountability of public officials, electricity
contractors and companies and their shareholders. It is an
extremely important step toward tackling the impunity in
electricity sector, which has for many years forced ordinary
Nigerians to stay in darkness, but still made to pay crazy
electricity bills.”
“SERAP commends the Court, and Justice Obiozor for this
brilliant judgment, which will surely command respect and adulation
from far beyond the legal profession.”
“During the 20 years of Nigeria’s democracy successive
governments have failed to increase power generation and provide
Nigerians with regular and uninterrupted electricity supply, with
many electricity contracts shrouded in secrecy, and trillions of
Naira going down the drain.”
“This judgment is good news for ordinary Nigerians who have
continued to pay the price for corruption in the electricity
sector, as they would finally get an explanation on why the country
has remained in darkness despite huge investment in the power
sector by the governments of former President Olusegun Obasanjo,
former President Umaru Musa Yar’Adua, former President Goodluck
Jonathan, and the government of Muhammadu Buhari.”
“The enforcement of the judgment could potentially reveal
individuals, contractors, and companies allegedly responsible for
squandering over N11 trillion meant to provide regular electricity
supply under successive governments, lead to the prosecution of
suspected perpetrators, and recovery of stolen public funds.”
“SERAP calls upon the government of President Muhammadu Buhari
to demonstrate his oft-repeated commitment to the rule of law by
immediately obeying and respecting the judgment of the Court.”
“SERAP has applied for the certified true copy of the judgment,
which we will share widely once it’s obtained,” Oluwadare
stated.
It would be called that SERAP had in February filed the FOI suit
against the Federal Government and former Minister of Power Mr
Babatunde Fashola. The former minister then responded, saying that:
“the Ministry has searched for the requested information on details
of alleged contractors and companies but we could not find it from
our records.”
Mr Fashola subsequently sent SERAP the name of just one
contractor–Pow Technologies Limited, an Abuja based company–through
the Ministry’s letter with reference number FMP/LU/R2K/2016/T/40.
The company was said to have been awarded a contract in 2014 but
only supplied 13 of the 19 electricity maintenance equipment relays
agreed. The government paid N79,404,892.66 to Pow Technologies
Limited.