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.