Abukabar Malami, SAN, Attorney General of the Federation and Minister of
Justice to use his “special role as the Chief Law Officer of Nigeria to
advise and persuade President Muhammadu Buhari to fully and effectively
enforce the judgment by Justice Chuka Austine Obiozor ordering the
immediate release of details of payments to all defaulting and allegedly
corrupt electricity contractors and companies since 1999.”
Justice Obiozor, a Professor of Law, sitting at the Federal High Court,
Lagos, had in July delivered a judgment in a Freedom of Information suit
number FHC/L/CS/105/19, brought by SERAP, ordering the Federal
Government to disclose and publish the names of companies and the
whereabouts of the contractors paid by successive governments to carry
out electricity projects but disappeared with the money without
executing any projects.”
In the open letter dated 13 September 2019 and signed by SERAP deputy
director Kolawole Oluwadare, the organization said: “The enforcement of
this judgment will be a special moment for the government’s
anti-corruption agenda and the sovereignty of rule of law, as it would
go a long way in protecting the integrity of our legal system. We urge
you to make best efforts to advise and persuade President Buhari and Mr
Sale Mamman, Minister of Power to begin to take steps that will ensure
the full enforcement of this ground-breaking judgment.”
SERAP said: “Advising and persuading Mr Buhari and Mr Mamman to enforce
the judgment against corrupt contractors and companies would show your
commitment to the rule of law, and contribute to addressing the culture
and legacy of corruption in the power sector. It will show that you are
not just Mr Buhari’s lawyer but also a defender of the Nigerian
Constitution of 1999 (as amended), the rule of law and public interest
within the government, something which Justice Obiozor’s judgment seeks
to serve.”
The letter read in part: “It is emphatically the province and
constitutional duty of the Attorney General to advise on the enforcement
of judicial decisions. It is important to do so here if power sector
contractors and companies are not to continue to evade justice for their
alleged corruption.”
“Taking action as recommended would be in keeping with Nigerians’
expectations, and entirely consistent with Buhari’s oft-expressed
commitment to ‘kill’ corruption–whether by public officials or private
contractors—and help to build citizens’ trust and confidence in the
ability of this government to take head-on the systemic corruption in
the power sector.”
“Our democracy needs courts so that public officials and private actors
including contractors can be held accountable for any infraction of
Nigerian anti-corruption laws and international commitments.
Constitutionalism and the rule of law are not in conflict with
democracy; rather, they are essential to it.”
“We hope that the aspects highlighted will help guide your actions in
advising and persuading Mr Buhari and Mr Mamman to enforce and implement
Justice Obiozor’s judgment. We would be happy to provide further
information or to discuss any of these issues in more detail with you.”
“A certified true copy of the judgment is enclosed with this letter for
your attention and urgent action.”
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.”
SERAP said: “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.”
“Ordinary Nigerians have continued to pay the price for corruption in
the electricity sector, as the country has remained in darkness despite
huge investment in the power sector by successive governments.”
In summary, 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.