Maire Tecnimont S.P.A, the contractor for the $1.5 billion rehabilitation of the Port Harcourt refinery, has declined to provide a completion date despite a formal request from human rights lawyer Femi Falana under Nigeria’s Freedom of Information (FOI) Act. The project, which began in April 2021, has faced multiple delays and missed deadlines for the refinery’s operational restart.
In response to Falana’s request, Maire Tecnimont’s legal representative, Muyiwa Ogungbenro, a partner at Olajide Oyewole LLP, stated that the company, as a private independent contractor, is not obligated to disclose such information under the FOI Act. Ogungbenro argued that Maire Tecnimont S.P.A is not a company in which any government has a controlling interest and does not provide public services or functions, nor does it utilize public funds.
Falana, who chairs the Alliance on Surviving COVID-19 and Beyond (ASCAB), an influential NGO in Nigeria, had sought clarity on the timeline for the long-awaited refinery overhaul in a letter dated September 17, 2024. He referenced the terms of the contract, which was expected to be completed in three phases of 18, 24, and 44 months, and expressed the urgency of obtaining transparency on the progress of the rehabilitation project.
In his letter, Falana stated that if Maire Tecnimont S.P.A failed to accede to his request, he would not hesitate to approach the Federal High Court for legal redress. He emphasized the need for the company to assure the Nigerian people that the contract sum of $1.5 billion has been judiciously utilized for the rehabilitation of the Port Harcourt refineries.
The refusal by Maire Tecnimont S.P.A to provide a completion date has raised concerns about the progress and transparency of the rehabilitation project, which is of significant importance to Nigeria’s energy sector and economy. The prolonged delays and lack of clarity have left many stakeholders and the general public questioning the efficacy of the project’s management and oversight.