The Minister of Power, Works and Housing, Mr Babatunde Fashola SAN has responded to the Freedom of Information request by Socio-Economic Rights and Accountability Project (SERAP).
He said that “the Ministry has searched for the requested information on details of alleged contractors and companies that collected money for electricity projects and failed to executive any projects, but we could not find it from our records.”
Mr Fashola’s response followed SERAP’s suit number FHC/L/CS/105/19 filed last month at the Federal High Court, Ikoyi, Lagos. The suit 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.”
However, in the letter dated 27th January 2019 but which SERAP said it received at its office on 7th February 2019, Mr Fashola said, “We have searched the Ministry’s record and the information you applied for is not held by the Federal Ministry of Power, Works and Housing (Power Sector).”
The letter signed on Mr Fashola’s behalf by Mrs Shoetan A. A, Director (Legal Services) read in part: “I am directed to acknowledge the receipt of your letter dated 4th January 2019 in which you applied for request to disclose details of alleged corrupt contractors and companies that collected money for electricity projects but failed to execute any projects. The request has been handled under the FOI Act.”
Responding, SERAP in a letter dated 8th February 2019 and signed by its deputy director Kolawole Oluwadare said: “The public expectation is that government information, when in the hands of any public institutions and agencies, should be available to the public, as prescribed by the FOI Act. The FOI Act should always be used as an authority for disclosing information rather than withholding it.”
SERAP’s response to Mr Fashola read in part: “Indiscriminate attempts to limit disclosure of information of public interest such as the details of the names of alleged corrupt contractors and companies that SERAP is seeking, will undermine the government’s expressed commitment to transparency and accountability.
“We believe that the predisposition by all public institutions and agencies including the Ministry of Power, Works and Housing should be to grant access to public information and not to implicitly deny it. Indeed, disclosure, not secrecy, is the dominant objective of the FOI Act. This objective would be defeated if there is public perception that public institutions and agencies attempt to shield information of public interest from disclosure or abdicate statutory responsibilities.
“Although we have filed a case in court for remedial action and seeking an order to compel you and your Ministry to release the information requested, we urge you to take proactive steps to obtain the information from any other public institution or agency that may be holding the requested information, and to send to us the information without further delay. Your Ministry should not wait until the court makes its decision to compel you to disclose the requested information.
“Proactively releasing the information to SERAP and publishing it widely will strengthen the proper implementation of the FOI Act, promote accessibility and openness in government as well as show that the government will not shield the affected contractors and companies from accountability.”
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.”