Human rights lawyer, Mr. Femi Falana, has threatened to sue the Group Managing Director, Nigerian National Petroleum Corporation, Mr. Andrew Yakubu, if the NNPC  fails to disclose certain information requested by Oil & Gas Publications Limited.

In a letter to Yakubu dated August 12, Falana reiterated that the information Oil & Gas Publications Limited had earlier sought from the  NNPC on “Crude oil term contract” was within the provisions of the Freedom of Information Act.

Falana’s letter was in response to an earlier letter dated July 16, through which the NNPC had denied Oil & Gas Publications Limited the requested information.

In his letter, Falana insisted that by virtue of Section 31 of the FoI Act, the NNPC was a public institution which was under compulsion to release the information his client had requested.

He  said, “However, should you fail or refuse to accede to our client’s demand,  take notice that we shall not hesitate to apply for an order of mandamus at the Federal High Court with a view to compelling disclosure of the requested information in the circumstance.

“With respect, the  interpretation of Section 31 of the Freedom of Information Act, 2011 by your legal department  does not reflect the correct state of the law.

“Since the law has clearly defined a public institution to mean the government or any of its  organs,   which include  any subsidiary body or of those bodies which are supported in whole or in part by public fund, it is totally misleading to contend that the NNPC which is wholly funded by the Federal Government through appropriation by the National Assembly  is not a public institution.”

He urged Yakubu to ignore the advice credited to NNPC’s legal department that the corporation was not a public institution.

According to him, such advice   is not supported by past decisions of the Court of Appeal and all  relevant laws comprising the FoI Act, Public Officers Protection and the Constitution.

Falana said, “In view of the foregoing you will agree with us that the legal opinion credited to your legal department on the status of the NNPC fly in the face of the unambiguous provisions of the  NNPC Act, the  Freedom of Information Act, the Public Officers Protection Act and  the constitution.

“You should  therefore discountenance such misconceived legal advice and ensure that our client’s demand is met within seven days of the receipt of this letter.”

via Punch