Fashola
A
Freedom of Information request has been sent 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 Socio-Economic Rights and Accountability
Project, SERAP, which sent the request to Fashola, 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
anti-corruption 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 marginalised 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.”
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