The Executive Director of Divine Era Development and Social Rights Initiative, Enwelum Ogechukwu, has faulted the Nigerian National Petroleum Corporation Limited for failure to disclose its deal with Macready Oil and Gas Services Company Limited.
The firm levelled the allegation against NNPCL on Tuesday in a statement emailed to The Eagle Online Correspondent.
According to Ogechukwu, she and her team visited the rehabilitation of the Kaduna-Suleja Products Pipeline covering 170.8km and Suleja Depot, which contracts were said to have been awarded to Macready Oil and Gas Services Company Limited by NNPCL.
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She said: “We found that no project has commenced at the Suleja Depot.
“Whereas the Kaduna-Suleja Products Pipeline covering 170.8km was already being implemented by Oilserv Limited.
“According to some of the workers engaged, it was revealed that the Oilserv Limited project was awarded at the cost of $2.8 billion, so far, the total sum of $1.5 billion has been released to the contractors.
“The village heads, Ward heads, Religious Leaders, and other prominent members of Dadabili, Sabon Gwai, Gawu Babangida, Sarkin Pawa Communities interviewed said they were consulted, some of their youths engaged and they are satisfied with the progress made on the contract implementation by Oilserv Limited, while on Macready Oil and Gas Services Company Limited, employers interviewed at the Suleja depot, disclosed that no work had taken place.”
Ogechukwu recalled that in October 2023, there were criticisms from industry operators on contract awards by NNPCL.
The largely government-owned firm issued a press statement in which it clarified that the contracts were awarded based on evaluation criteria and by industry standards.
Ogechukwu added: “Macready Oil and Gas Services Company Limited and Oilserv Limited were among the companies mentioned to have got the award in the statement listed rehabilitation of the Kaduna-Suleja Products Pipeline covering 170.8km and Suleja Depot among others.
“Under the Disclose the Deal Campaign Nigeria Project implemented by Divine Era Development and Social Rights Initiative with its partner Media Awareness Advocacy Foundation (MAWA-Foundation) through its lawyer, Falana and Falana Chamber, requested NNPCL to provide it with details of the contract awarded to Macready Oil and Gas Services Company Limited under the Freedom of Information Act 2010.
“The request was made in the pursuit of promoting transparency and accountability in the extractive sector as the country’s major source of revenue.
“Transparency would ensure that the revenues generated from Nigeria’s oil and gas sector are not diverted into private pockets, and increase public confidence that the revenues would be used for the benefit of its citizens.”
Unfortunately, said Ogechukwu, NNPCL, the umpire in Nigeria’s Oil and Gas Sector, refused to disclose the information sought with a claim that the passage of the Petroleum Industry Act, 2021 made it a private company and no longer under any obligation to respond to FOI requests.
According to her, this negates the commitment of NNPCL to contracts transparency and accountability as a supporting company to EITI implementation in Nigeria, adding: “The failure by the NNPC to disclose the information sought is a grave violation of the provisions of the Nigerian Constitution 1999 (as amended), the Freedom of Information Act, the country’s obligations under the African Charter on Human and Peoples’ Rights and EITI principles.”
She stressed that contracts awarded by NNPC have been mostly shrouded in secrecy and this may be due to corruption.
The public interest in publishing the information sought outweighs any considerations to withhold the information
Ogechukwu added: “Section 15(5) of the Nigerian Constitution 1999 (as amended) requires public institutions and officials to abolish all corrupt practices and abuse of power. Section 16(2) further provides that, ‘the material resources of the nation are harnessed and distributed to serve the common good.’ Section 13 of the Nigerian Constitution 1999 imposes the responsibility on NNPCL to conform to, observe, and apply the provisions of Chapter 2 of the Constitution.
“More so, Nigeria made legally binding commitments under the UN Convention against Corruption and the African Union Convention on Preventing and Combating Corruption to ensure transparency and accountability in the management of public resources. In articles 5 and 9 of the UN Convention against Corruption, NNPCL has the legal obligation to ensure proper management of public affairs and public funds. These commitments ought to be fully upheld and respected.
“Nigerians are entitled to the right to receive information without any interference or distortion, and the enjoyment of this right should be based on the principle of maximum disclosure and a presumption that all information is accessible subject only to a narrow system of exceptions.
“This accounts for the reason why the FoI Act 2010 was enacted.
“By Section 1 (1) of the Freedom of Information (FOI) Act, DEDASRI and her partner MAWA Foundation is entitled as of right to request for or gain access to information, including information on the details of contracts awarded, total amounts of the contracts, other details of the contract.”
Ogechuwku also explained that the Freedom of Information Act, Section 39 of the Nigerian Constitution, and Article 9 of the African Charter on Human and Peoples’ Rights guarantee everyone the right to information, including the details of revenue management and contract awards.
She added: “Access to public information in the extractive sector including disclosure of contract awards will encourage citizens especially women and youths to participate in decisions that affect them in the sector.
“Transparency and accountability in the Nigerian economy are paramount and all stakeholders must work towards its attainment.”
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