Prominent human rights lawyer and Senior Advocate of Nigeria (SAN), Femi Falana, has condemned the Nigerian National Petroleum Company Limited (NNPCL) over its plan to sell the country’s public refineries, describing the move as not only illegal and unconstitutional but also as a ploy to bury a multi-billion dollar fraud.
In a statement released over the weekend, Falana, who also chairs the Alliance on Surviving Covid-19 and Beyond (ASCAB), warned that the NNPCL lacks the legal power to dispose of the refineries, which he said belong to the Nigerian federation — not to the oil company.
The statement follows recent remarks by Alhaji Aliko Dangote, President of Dangote Group, who expressed doubts about the revival of the Port Harcourt, Warri, and Kaduna refineries, despite the reported investment of $18 billion in their rehabilitation.
Echoing this position, NNPCL’s Group CEO, Mr Bayo Ojulari, disclosed that the company was considering selling the ageing facilities due to their obsolete condition and failed turnaround efforts.
But Falana insisted that such a move would be both unlawful and irresponsible.
According to him, in 2021, the Muhammadu Buhari-led government approved $2.9 billion for the overhaul of the refineries, but a large portion of the funds was allegedly criminally diverted.
Despite reports from security agencies highlighting the fraudulent handling of the contracts, the NNPCL went ahead to commission the Port Harcourt and Warri refineries, creating a false impression that work had been completed, Falana posited.
He stated that following the exposure of the alleged scam, all three refineries have remained inactive, while the Economic and Financial Crimes Commission (EFCC) is now investigating the misappropriation of the $2.9 billion.
“The NNPCL has no power whatsoever to sell the refineries. First, these refineries are not owned by NNPCL or even by the Federal Government alone.
“They are the collective property of the Nigerian federation, which includes the Federal Government, all 36 state governments, and the 774 local government areas, as stipulated in Section 44(3) of the 1999 Constitution (as amended),” Falana stated.
He further warned that any sale at this time would obstruct the EFCC’s ongoing investigation, allowing those behind the looted rehabilitation funds to escape accountability.
Falana also pointed out that the nation’s refineries are not among the public assets listed for privatisation under the Commercialisation and Privatisation Act, meaning that no such transaction can occur unless the Act is amended.
Without legislative backing, he said, any purported sale by NNPCL or the Federal Government would be null and void.
Quoting Section 16(2)(c) of the Constitution, Falana reminded policymakers that Nigeria’s economic system is intended to prevent the concentration of wealth or productive assets in the hands of a few individuals or corporate interests.
Selling the refineries, he argued, would violate this constitutional safeguard.
The rights lawyer also threw a challenge to Aliko Dangote to assist the EFCC in uncovering the truth behind the refinery rehabilitation scandal, since he appears to have access to detailed insider information.
“Mr Dangote said $18 billion has been spent on rehabilitation. That’s a huge figure. If recovered, it would be more than enough to construct a brand-new refinery. He should assist the EFCC in identifying where that money went,” Falana said.
He slammed the ongoing discourse around the refinery sales as a calculated distraction, intended to shield the two foreign contractors who reportedly received billions in payment but failed to deliver on their contractual obligations.
“The EFCC must give these contractors a clear ultimatum, complete the job or return the $2.9 billion they were paid,” he declared.
Falana also flagged another alleged financial discrepancy involving the NNPCL’s stake in the Dangote Refinery.
He recalled that in August 2021, the Federal Executive Council approved $2.76 billion for the acquisition of a 20% stake in the project.
However, Dangote recently revealed that NNPCL only holds 7.2% equity.
“There has been no public explanation from NNPCL on the whereabouts of the balance of that $2.76 billion. The EFCC must equally investigate this apparent shortfall,” he demanded.
The senior advocate concluded by urging NNPCL to abandon its plan to sell national assets and instead cooperate fully with law enforcement to ensure stolen public funds are recovered.
“It is not too late to restore confidence in Nigeria’s oil and gas sector. But that can only happen through transparency, respect for the rule of law, and a genuine commitment to justice,” he said.
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