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NNPC replies Falana’s request to tell Nigerians how the corporation imports fuel

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NNPC replies Falana’s request to tell Nigerians how the corporation imports fuel

The Nigerian National Petroleum Corporation (NNPC) has told a Lagos based human rights lawyer, Femi Falana (SAN), that it cannot respond to his request on fuel importation and other requests.

Falana had based on the Freedom of Information (FoI) requested that the corporation reveal to Nigerians information on fuel importations and other matters.

But in its reply through its lawyer, O. B. Omale, and addressed to Falana, the NNPC said that it was not obligated to respond to such request because the law that established the corporation precludes it from one of the government’s body mandated to disclose information under the FoI Act.

“Please be informed that our client does not fall within the purview of the Freedom of Information, FoI, Act, 2011. The provision of the Act, particularly Section 31 thereof is clear and unambiguous as to the meaning of Public Institution.

“Our client is neither a legislative, executive, judicial, administrative or advisory body of Government of Nigeria. It is a body established by law to manage the commercial interests of Nigeria in the oil and gas sector of the economy and conduct trade therein.

READ ALSO: What Nigeria stands to gain from 3 new Petroleum Industry Bills before NASS

“It cannot, therefore, by any stretch of imagination be brought within the definition of Public Institution under the Act. This position has received judicial endorsement via the Federal High Court’s decisions in several cases, including two cases instituted by Messrs. Public & Private Developments Centre Ltd., Omale said.

He added that documents and information Falana requested from NNPC “are expressly excluded from the purview of the Act by virtue of the provisions of Section 15( 1)( a)-( c) thereof, as they relate to trade secrets, commercial and financial information, which obviously are either subject to non-disclosure agreements or whose disclosure will likely interfere with contractual rights and obligations of third parties or harm their interests.”

 

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