*Says items listed by HURIWA are exempted from the application of the Freedom of Information Act, 2011
The Nigerian National Petroleum Company Limited (NNPCL) has responded to the Human Rights Writers Association of Nigeria (HURIWA) on why it is not bound by the provisions of the Freedom of Information Act (FoI) of the federation.
NNPCL reacted to HURIWA’S FOI request through her private counsel, Chied Afe Babalola (SAN), regarding the request sent to NNPCL by HURIWA dated April 19th was titled FREEDOM OF INFORMATION (FOI) REQUEST REGARDING ASABE WAZIRI’S EMPLOYMENT STATUS AND ALLEGED PROPERTY ACQUISITION VIS-A-VIS OUR EFFORT TO EXPOSE ALLEGED CORRUPTION.
In the request, HURIWA stated as follows:
“We write on behalf of the Human Rights Writers Association of Nigeria (HURIWA), a prominent not-for-profit, non-governmental organization by the provisions of the Freedom of Information Act (2011). Our Organisation is dedicated to upholding and promoting the human rights of all Nigerians and law-abiding citizens within Nigeria. HURIWA is also focused fundamentally on waging unrelenting campaigns to support the anti-graft crusade of the Federal government of Nigeria.
“We have recently become aware of a matter involving a citizen who is reportedly your staff member by name Asabe Waziri, who is alleged to have engaged in an alleged misconduct related to the acquisition and occupancy of residential property in Abuja. Specifically, it has come to our attention that Abbey Signature Limited has accused Ms. Waziri of flouting agreements and engaging in behaviors inconsistent with the standards expected of a public servant.
“To assist us in better understanding Ms. Waziri’s employment status with the Nigerian National Petroleum Corporation (NNPC) Limited and to ascertain the veracity of the allegations against her, we kindly request the following information under the Freedom of Information Act:
“1. Employment Status: Please provide details regarding Asabe Waziri’s current employment status with NNPC Limited, including her position, department, and any relevant employment records.
“2. Salaries and Benefits: Kindly disclose Ms. Waziri’s salary scale, benefits package, and any additional compensation she receives from NNPC Limited.
“3. Date of Enlistment: Provide the date when Asabe Waziri was enlisted as a staff member of NNPC Limited, along with any records indicating her length of service.
“4. Acquisition of Property: We seek clarification on how Ms. Waziri, as a public servant, allegedly acquired two units of residential property (specifically, units 3B and 3C, Abbey Signature Apartments, 1 Mekong Close, Maitama Abuja FCT) valued at N260 million, as detailed in the aforementioned allegations. Sir, We would also be interested to ascertain the veracity of an unverified allegation that she made a purchase of a prized housing asset in Lagos. Kindly avail us of this information if this is credible and provable.
“We believe that transparency in this matter is crucial for accountability and public interest. We trust that your esteemed office will provide the requested information promptly and following the provisions of the Freedom of Information Act (2011).
“Sir, these sets of information requested is to satisfy our avowed commitment to assist the federal government to provide citizens collaboration to eradicate alleged abuse of office and corruption, just as thus is why we assure you that any details provided will be treated with the utmost confidentiality and used solely to investigate alleged potential breaches of ethical standards and ensure accountability.
“Furthermore, we are aware of the reported court order allegedly instructing Ms. Waziri to vacate the premises and the subsequent refund of funds by Abbey Signature Limited. If there are any additional actions or disciplinary measures taken by NNPC Limited concerning this matter, we kindly request disclosure of such information. This will also help us to enlighten Nigerians about the mantra of the new management of the NNPCL which as we are told is focused on promoting greater transparency and accountability as a national brand with the objective of becoming a reputable global brand in the shortest possible period.
“We anticipate your prompt response to this request within the time frame stipulated by the Freedom of Information Act. Should you require any further clarification or assistance regarding this matter, please do not hesitate to contact us.
However, in a reply dated 22nd April 2024, sent to the the director, Public Media Relations,
Human Rights Writers Association of Nigeria, Amina Mohammed, NNPCL stated thus:
“We act as Counsel to the Nigerian National Petroleum Company Limited (NNPCL) hereinafter referred to as ‘our client, on whose behalf and instructions we respond to your letter dated 19th April 2024, written pursuant to the Freedom of Information Act, 2011, requesting for:
1. The current employment status of Ms. Waziri with NNPC Limited, including her position, department, and any relevant employment records.
2. The salaries and benefits of Ms Waziri, including her salary scale, benefits package, and any additional compensation Ms Waziri receives from NNPC Limited.
3. Date of Enlistment: The date when Ms Waziri was enlisted as a staff member of NNPC Limited, along with any records indicating her length of service.
4. Acquisition of Property: Clarification on how Ms. Waziri, as a public servant, allegedly acquired two units of residential property (specifically, units 3B and 3C, Abbey Signature Apartments, 1 Mekong Close, Maitama Abuja FCT) valued at N260 million and the verification of the allegation that Ms. Waziri made a purchase of a prized housing asset in Lagos.
5. Information regarding any additional actions or disciplinary measures taken by NNPC Limited in relation to Ms. Waziri.
Having reviewed your request, we invite you to please note that our client has ceased to be subject to the Freedom of Information Act 2011 (FOIA) following the coming into force of the Petroleum Industry Act 2021, by which the erstwhile Nigerian National Petroleum Corporation (the Corporation), which was a public institution, transited to a limited liability company upon the registration of the Nigerian National Petroleum Company Limited (NNPC) under the Companies and Allied Matters Act 2020. Thus, our client is not obligated to respond to demands for information under the FOIA.
Be that as it may, our client highlights the following in the interest of due process and transparency:
i. The information listed as items 1 to 4 are exempted from the application of the Freedom of Information Act, 2011. Section 14 (1)(b) of the Freedom of Information Act, 2011 reads:
“…a public institution must deny an application for information that contains personal information and information exempted under this subsection includes –
(b) personnel files and personal information maintained with respect
to employees, appointees or elected officials of any public institution or applicants for such positions;”
As information regarding the salaries, salary scale, benefits, benefits package, additional compensation from our client, date of enlistment position, department, acquisition of property, and any relevant employment records are employees’ personal information in personnel files, our client must deny your request.
ii. Furthermore, information regarding any additional actions or disciplinary measures taken by our client concerning its staff is not disclosable under the Freedom of Information Act 2011. Please see Section 12 (1) (a) of the Freedom of Information Act 2011, which prohibits the release of information in relation to records compiled by the institution for administrative enforcement proceedings or internal matters. It provides that:
“12. (1) A public institution may deny an application for any information which contains-
(a) Records compiled by any public institution for administrative enforcement proceedings and by any law enforcement or correctional agency for law enforcement purposes or for internal matters of a public institution.. “
iii. As our client is not a party to the alleged suit(s) and dispute between Ms. Waziri, Abbey Signature Limited, or any other person, it will not get involved in any matter(s) arising from or connected to the dispute.
Accordingly, we regret our client’s inability to accede to your demand for the requested information. Our client, with this, outrightly rejects your request. The reply was endorsed by Esther Jesudunmo Longe.
