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, 2019giving 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 do cuments containing the
specific names and details of contactors 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 contactors 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.