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SERAP sues NNPCL over failure to account for oil production, revenue

By Silver Nwokoro
25 December 2023
 

President Bola Tinubu (left) and NNPC head Mele Kyari.

Social Economic Rights and Accountability Project (SERAP) has sued Nigerian National Petroleum Company (NNPC) Limited at the Federal High Court, Abuja over failure to disclose details of Nigeria’s daily oil production, exportation and revenues generated from oil since the removal of subsidy on petrol in May 2023.

Former Governor of the Central Bank of Nigeria (CBN), Sanusi Lamido Sanusi, had recently alleged that the NNPCL is failing to remit enough foreign exchange into the treasury despite the removal of fuel subsidy, asking: “Where is the money?”

In the suit number FHC/ABJ/CS/1719/2023 filed at the weekend, SERAP is seeking an order of mandamus to direct and compel the NNPCL to disclose details of barrels of oil Nigeria produces and exports daily and the total amounts of revenues generated since the removal of subsidy on petrol.

The body is also seeking an order of mandamus to compel the NNPCL to disclose how much of the revenues generated from the production and exportation of oil have been remitted to the public treasury since the removal of subsidy on petrol; and an order of mandamus to direct and compel the NNPCL to disclose details of payment of N11 trillion made as subsidy payments from 1999 to May 2023, including a detailed breakdown of the payments made.

In the suit, the organsation is arguing that there is a legitimate public interest in disclosing the information sought.

“The NNPCL has a legal responsibility to disclose the details of Nigeria’s daily oil production, exportation and the revenues generated and remitted.
“Nigerians have the right to know the amounts of barrels of oil the country produces and exports daily, the revenues generated and remitted to the public treasury. Compelling the NNPCL to disclose these details would promote transparency and accountability in the oil sector,” it argued.

According to the organisation, the failure by the NNPCL to disclose the information sought will be a grave violation of the provisions of the Nigerian Constitution 1999 (as amended), the Freedom of Information Act, and the country’s obligations under the African Charter on Human and Peoples’ Rights.

In the suit filed on behalf of SERAP by its lawyers, Kolawole Oluwadare and Andrew Nwankwo, the organisation lamented that Nigeria’s daily oil production, exportation and the revenues generated have been mostly shrouded in secrecy.

The body noted that Nigeria has 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.

The organisation lamented that the NNPCL has failed to disclose the amounts of barrels of oil the country produces and exports.

“The NNPCL has also reportedly failed to publish details of revenues generated from the production and exportation of oil and the amounts of revenues remitted to the public treasury as required by Nigerian laws,” SERAP lamented.

No date has been fixed for the hearing of the suit.

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