Editorial

Another Look At PIB Provisions

Published

6 years ago

January 4, 2021

Progress on the Petroleum Industry Bill (PIB) currently under careful considerations in the National
Assembly (NASS) may be stalled as two prominent groups in the Niger Delta region, the Pan-Niger Delta Forum (PANDEF) and the Niger Delta Dialogue (NDD), have outrightly rejected no fewer than 12 significant provisions in the Petroleum Host and Impacted Communities Development Bill (PHICDB).
Specifically, both groups are asking for the redrafting, rephrasing and restructuring of the observed provisions to accommodate the interests of the poor and neglected people of the oil and gas host and impacted communities in the Niger Delta or lose the peace and development sought by the PHICDB in the region.
PANDEF and NDD revealed their positions during the NDD’s Strategic Communication and Advocacy Training session for major stakeholders in PANDEF, NDD, and the various Policy Advocacy Committees (PACs) in Port Harcourt recently. The PHICDB is an essential part of the Petroleum Industry Bill (PIB) currently before both chambers of the National Assembly.
The PHICDB seeks to promote sustainable mutual social and economic benefits from petroleum operations to host and impacted communities. It is equally designed to enhance peaceful and harmonious coexistence between settlers and host/impacted communities as well as create a framework to support their development process.
The objectionable provisions include the Interpretations Section, which the groups claim was vague in the use of words and terms such as “host and impacted communities” to describe oil-bearing communities in the region. They also faulted the silence of the bill on how the clusters should be formed and the trust fund shared. Similarly, they rejected the vague use of the term ‘Settlor(s)’ in Part 2, Section 2, Subsection 1 and 2 of the draft bill.
Additionally, the stakeholders wondered why “sabotage spill” was not clearly defined but its effects were highlighted in the draft bill. Further, they condemned the observed silence in the sharing formula of the accruing fund from the “Settlor(s)” between host and impacted communities, particularly given that there are more impacted settlements than host communities in available oil industry records.
Furthermore, the groups took a swipe at Part 3, Section 9, Subsection 1 and 2 of the draft bill for resting the creation and determination of the membership of the Board of Trustees (BoTs) for the trust funds on the International Oil Companies (IOCs). They also picked holes in Section 11, which splits the utilisation of the Endowment Fund to 70 per cent for capital expenditure; 20 per cent for the Reserve Fund; and 10 per cent for the settlor(s) special projects.
Expressing worry that the Presidency failed to specify how the operating expenditures of the settlor(s) would be verified to ascertain the accruing funds to the cluster trusts, the stakeholders objected to Section 22 that the settlors’ Operating Expenditure (OPEX) paid into the trust fund shall be subject to Petroleum Income Tax (PIT) and Companies Income Tax (CIT) deductibles.
Section 5 of the bill was queried for failing to give specific sanctions for underpayment, late payment or non-payment of agreed money into the cluster trust fund as and when due. They lamented the insufficient clarity on time frames for the incorporation of cluster trusts for host and impacted communities and the failure to stipulate penalties for reneging on implementation of agreed projects and programmes by the settlor(s) as contained in Section 3 of the bill.
First, it must be established that the broad objectives of the PHICDB are commendable, and that is to find an acceptable framework for an active company-community engagement mechanism structure. But it shouldn’t be seen as a substitute for the government’s responsibility to provide basic services and infrastructure for the host and impacted communities.
However, the flawed provisions identified by PANDEF and NDD are troubling. These principally relate to the power vested in the oil industry to determine crucial parameters connected to how funding will be allocated. We also need to know what constitutes a host community and how the BoTs to manage the funds will be set up.
If the purported purpose of the bill is to empower host communities to take charge of their development needs, why does it give the IOCs the sole power to appoint and determine the composition of the BoT, cutting communities out of the decision-making process? This way, investors can appoint non-indigenous persons as board members. This is a source of conflict and highly undesirable for a bill that aims to build trust.
Again, the issues regarding the lack of an enforceable time frame for project implementation must not be ignored because of its likely consequences. It will probably institutionalise the perception among communities that their concerns are marginal to those of industry, hence, generate serious grievance for many.
It is equally sad that the PHICDB makes settlors the sole authority for determining areas of operation. In effect, this is the power to determine which communities are impacted by the petroleum industry and as such benefit from the trust fund. This means communities that suffer environmental damage from the petroleum industry, but which, if not designated as a host community, will be denied compensations. This enables IOCs to fulfill their obligations in a way that suits their needs, not the communities’.
The PHICDB, as it stands, downplays the role of government in the development of host communities. Instead, it places that responsibility on the oil companies, with the only role for the government that of the Nigerian Petroleum Regulatory Commission (NPRC). NPRC is to mediate in disputes with the proviso that the decision of the Commission remains valid until overturned by the Federal High Court.
But being a creation of the government, it is believed that the NPRC may not be an impartial arbiter because the likely outcome in any such dispute will be favourable to industry, not the communities. And since historical antecedents of such litigations in court have tended to take years, if they are resolved at all, likely the NPRC decision will unduly last longer.
Clearly, the PHICDB vests too much power in the IOCs, particularly in terms of deciding how development projects are determined and implemented, as well as their beneficiaries. This may further alienate communities that already consider themselves cut out of decision-making. In consequence, the Federal Government and NASS should re-examine the PIB and accommodate the recommendations of the PACs to prevent another round of tension and agitations in the region.

Editorial

Champions At Last: Well Done, Flamingos

Published

4 days ago

November 9, 2026

The Tide

History was made on 7 November in Rabat, Morocco, when Nigeria’s U-17 women’s team, the Flamingos, beat Japan 2-1 to win the FIFA U-17 Women’s World Cup 2026.

Nigeria became the first African women’s team to win a FIFA title at any level, breaking a hierarchy long dominated by Asia and Europe. Before this final, only five nations had lifted the trophy since 2008: North Korea (4), Spain (2), and South Korea, France and Japan (1 each).

Nigeria’s dominance of women’s football in Africa is well established. The Super Falcons have won a record 10 Women’s Africa Cup of Nations titles since 1998, winning all 10 finals they contested. Yet continental supremacy had never translated into a global crown for a women’s side, until now. The Flamingos have bridged that gap.

The manner of victory made it even more impressive. In the semi-final, Nigeria beat Brazil 3-1 to surpass their previous best finish of third in 2022, when they beat Germany on penalties for bronze. The Brazilian coach conceded candidly that the Flamingos were better and stronger. It was merit, not fortune, that carried Nigeria to the final.

This gold was also the fulfilment of a long apprenticeship. The Flamingos had featured in seven of the eight previous editions, reached the quarter-finals five times, and secured Africa’s first podium finish with bronze in 2022. That bronze was a promise; this gold is its fulfilment. Their rise from quarter-finalists to medallists to champions reflects steady maturation, not accidental brilliance.

The triumph arrives at a moment when Nigeria’s senior teams are faltering. When senior sides stumble, confidence wanes and supporters grow cynical. The Flamingos have rekindled belief, reminding the nation that its talent pipeline remains fertile and its place in world football is attainable. Their success is a beacon in a period of gloom.

Kudos to the Flamingos. They have earned a special place in Nigerians’ hearts, not merely because they won, but because they won with courage, discipline and collective spirit. In a nation often divided by ethnicity, politics and economic anxiety, these young women have provided a rare moment of unified jubilation.

Having made the country proud, they deserve tangible recognition, not fleeting applause or empty rhetoric. Other nations honour conquering athletes with national honours, financial rewards, housing and scholarships. Nigeria must not be less generous. A formal reception, befitting remuneration and public celebration would show that sacrifice for the national colours carries reward.

Beyond that, these girls must not be allowed to fade away. Nigeria’s U-17 boys achieved comparable feats, yet many of those players disappeared for want of structure, guidance and continuity. History cautions that a single triumph can become an epitaph rather than a foundation if it is not consolidated. The nation must resist the familiar cycle of euphoria followed by neglect.

If properly tutored and groomed, these players will bring further glory, through a deliberate transition from the U-17s to the U-20s and ultimately to the Super Falcons. That requires structured coaching, competitive exposure, sports science, psychological support and regular international fixtures, rather than sporadic camping before tournaments. The Federal Government must ensure no Flamingo is lost to idleness, injury without care, or migration without a pathway home.

To sustain this success, the authorities must adopt policies to grow the game as other successful nations have done. Spain, twice champions at this level, and Japan, champions in 2014, built their success on school football, licensed academies, professional women’s leagues and long-term technical curricula. North Korea’s four titles reflect systematic, state-supported youth development. Nigeria need not copy every detail, but it must embrace the principle: talent is cultivated, not accidental.

The Nigeria Football Federation, National Sports Commission, state governments, corporate sponsors and schools must, therefore, act in concert. We propose: first, individual development plans and scholarships for every squad member; second, guaranteed progression into the U-20 team and the Nigeria Women Football League; third, a national girls’ football academy system anchored in the six geopolitical zones; and fourth, transparent contracts, medical insurance and mentorship to protect these minors from exploitation. These are not extravagant demands; they are the minimum obligations owed to world champions.

The Flamingos have given Nigeria more than a trophy; they have given the country a template and a testimony. They have shown that with preparation, belief and unity, Nigerian girls can conquer the world. Let the applause be loud, but let the action be louder. If we nurture these champions and sustain the policies that produced them, this golden November in Rabat will be remembered not as an isolated miracle, but as the dawn of Nigeria’s enduring reign in women’s football.

Editorial

Kula Tragedy, Needless Loss Of Lives

Published

2 weeks ago

November 2, 2026

The Tide

The reported drowning of about ten young men in the creeks of Kula, Akuku-Toru Local Government Area of Rivers State, during an alleged confrontation over an oil spill at OML-55 is an avoidable tragedy. What began as a protest against environmental degradation and demands for remediation and compensation ended in a fatal collision between a community boat and a gunboat operated by personnel in military attire. The incident, which occurred amid efforts to halt a commercial vessel, underscores the persistent tensions between host communities and oil operators in the Niger Delta.

According to community accounts, including those of Chief Anabs Sara-Igbe, a former spokesman of the Pan Niger Delta Forum, residents sought to suspend operations pending cleanup and compensation. The arrival of armed personnel reportedly heightened tensions, resulting in the community boat capsizing. Recovery efforts were ongoing when initial reports emerged, while the Nigerian Army’s 6 Division and the Rivers State Police Command had yet to issue formal statements. Such delays in official communication only deepen public anxiety and suspicion.

This unfortunate situation is not an isolated incident. The National Oil Spill Detection and Response Agency (NOSDRA) recorded 4,184 oil spill incidents in Rivers State between 2015 and July 2025, the highest among Nigeria’s states. Nationally, 589 spills were recorded in 2024, releasing approximately 19,000 barrels of crude. Although sabotage and theft account for many incidents, operational failures remain significant. Since commercial oil production began in the late 1950s, millions of barrels have reportedly polluted the Niger Delta, devastating mangroves, fisheries, and livelihoods.

The conduct of some youths in dealing with oil companies requires sober reflection. While grievances over pollution, inadequate remediation, and unfulfilled obligations are legitimate, physically obstructing vessels or confronting armed security personnel rarely produces constructive results. The Ogoni struggle of the 1990s, associated with Ken Saro-Wiwa, demonstrated the power of organised, non-violent advocacy. Subsequent militant violence, however, exacted devastating costs on communities. Youths must, therefore, prioritise dialogue, petitions, traditional institutions, and lawful complaints over dangerous confrontations.

This tragedy could and should have been prevented. Existing laws provide avenues for addressing community grievances. The Petroleum Industry Act (PIA) 2021, for instance, requires settlors to contribute three per cent of their preceding year’s actual operating expenditure in upstream petroleum operations to Host Communities Development Trusts. These trusts are intended to support infrastructure, education, healthcare, and environmental protection, providing structured mechanisms for handling development deficits and community concerns without risking lives.

Oil operators must equally demonstrate restraint and environmental responsibility. Where pollution occurs, as alleged at OML-55, companies must ensure transparent investigation, remediation, and meaningful engagement with affected communities. Deploying armed personnel at the first sign of resistance often escalates disputes rather than resolves them. Host communities are stakeholders, not adversaries, and legitimate environmental concerns must never be treated as threats warranting intimidation or excessive force.

Both sides must respect the rule of law. Youths should avoid dangerous confrontations with armed operatives, particularly on waterways, where accidents can quickly become fatal. Operators, in turn, must not take unilateral actions that disregard community concerns or environmental obligations. Properly implemented, the PIA’s Host Communities Development Trust framework and applicable environmental regulations offer avenues for resolving disputes and grievances.

Regulators, particularly the Nigerian Upstream Petroleum Regulatory Commission (NUPRC) and NOSDRA, must act more decisively. Effective monitoring, prompt investigation of spills, and strict enforcement of remediation and compensation obligations would help prevent recurring confrontations. Although improvements in spill management are possible, persistent pollution, unrecovered crude, and community alienation demand stronger institutional commitment. Laws are meaningful only when enforcement delivers tangible results to affected populations.

Security agencies must also establish clear protocols for handling disputes between oil operators and host communities. Reports that uniformed personnel allegedly left the scene after the Kula incident raise serious questions requiring investigation. The police and military must establish what happened, under whose authority the personnel acted, and whether failures of judgment or communication contributed to the tragedy. An independent, transparent inquiry is essential to establish accountability, restore public confidence, and prevent recurrence.

Sustainable peace in oil-producing communities depends on mutual respect, environmental justice, and genuine partnership. Youths must pursue organised, peaceful advocacy; oil operators must prioritise remediation and equitable community benefits; and regulators must ensure that existing laws translate into timely action. Above all, the reported Kula tragedy must not be reduced to another statistic or forgotten after public outrage subsides. Only through accountability, restraint, and institutional diligence can the Niger Delta break free from the destructive cycle of pollution, protest, and preventable death.

Editorial

INEC’s Threat Alert Deserves Urgent Attention

Published

2 weeks ago

October 30, 2026

The Tide

The Independent National Electoral Commission’s (INEC) disclosure of an alleged plot to target its ad hoc personnel ahead of the 2027 general elections demand urgent national attention. The reported arrest of suspects, with intelligence support from the Department of State Services (DSS), is encouraging, but must not breed complacency. Any attack on electoral workers threatens not only human lives but also Nigerians’ constitutional right to choose their leaders through credible elections. The alleged conspiracy must be thoroughly investigated, its sponsors identified and all those found culpable prosecuted.
Particularly troubling is the reported targeting of National Youth Service Corps (NYSC) members, who play a vital role in Nigeria’s electoral process. Many serve far from home and undertake sensitive assignments at polling units and other electoral locations. As civilians, they should not be exposed to intimidation, abduction or violence without adequate protection. If election workers are vulnerable, the safety of other officials, observers and voters cannot be guaranteed.
Nigeria’s electoral history offers painful lessons. Human Rights Watch reported in Nigeria’s Post-Election Violence, published in May 2011, that more than 800 people died in the violence following the 2011 general elections. NYSC members serving as electoral officials were among the victims. This tragedy underscores the deadly consequences of political tension, incitement and disputed outcomes. Nigeria must act on the latest warning before another preventable disaster occurs.
INEC deserves recognition for uncovering the alleged plot, while the DSS and other security agencies merit commendation for their reported assistance. However, arrests are only the beginning. Investigators must establish the suspects’ identities, motives, networks and intended targets, ensuring that evidence is admissible in court. The process must remain impartial and free from political interference. Credible public updates are also necessary, provided they do not compromise investigations or operational security.
The authorities must adopt a comprehensive, intelligence-led security strategy for 2027. INEC’s proposed security conference should produce practical measures developed in collaboration with the Inter-Agency Consultative Committee on Election Security (ICCES), the police, the DSS and other relevant agencies. Threat assessments should guide personnel deployment, secure transportation, emergency communications, evacuation procedures and rapid response. Protection must extend beyond polling day to the distribution of sensitive materials, collation centres and the safe return of ad hoc personnel.
Those who provide intelligence must also be protected from retaliation. Confidential reporting channels and appropriate safeguards should be established for informants and others assisting investigations. Equally, security deployments must not intimidate voters or facilitate political repression. Personnel should act professionally, impartially and proportionately, within the law. Clear mechanisms for reporting misconduct and investigating abuses are essential to maintaining public confidence.
The threat also highlights broader concerns about trust in the electoral system. The European Union Election Observation Mission’s June 2023 final report identified shortcomings in transparency and operational implementation during Nigeria’s 2023 general elections, alongside concerns about the legal framework and electoral dispute resolution. Credible elections require more than security; they depend on transparent procedures, accountable officials and consistent enforcement of electoral laws. INEC must demonstrate measurable progress in addressing previously identified weaknesses.
Voter apathy presents another challenge. INEC’s published figures indicate that approximately 25 million people voted in the 2023 presidential election, out of about 93.5 million registered voters, a turnout of roughly 26.7 per cent. Although insecurity is not the sole cause of low participation, threats against electoral personnel can heighten public anxiety and discourage voters from exercising their franchise. INEC should strengthen civic education, improve polling accessibility and communicate procedures clearly. Political parties, civil society and the media must promote peaceful participation and reject electoral intimidation.
Misinformation and manipulated digital content pose additional risks. False reports, fabricated announcements and deepfake videos can inflame tensions, impersonate officials and mislead voters. INEC should establish a well-resourced, rapid-response communication system supported by verified digital channels and timely public statements. Collaboration with credible media organisations and fact-checkers would help counter falsehoods without suppressing legitimate criticism. Clear, consistent communication is indispensable, as administrative confusion and delayed explanations often allow rumours to spread.
Electoral integrity must also begin within INEC itself. The chairman’s warning against partisanship, negligence, extortion and ethical misconduct deserves serious attention. Security measures cannot compensate for officials who abuse their positions or disregard established procedures. INEC should strengthen staff training, ensure transparent recruitment and deployment, provide secure channels for reporting misconduct and enforce disciplinary rules consistently. Allegations of bribery and political interference must be investigated regardless of rank, while ad hoc personnel should receive adequate briefing, support and prompt payment.
The legal framework also requires clarity and consistent enforcement. INEC should explain the precise provisions and applicability of Section 26 of the Electoral Act 2026, including the obligations of electoral officials and security personnel, and publish authoritative guidance on neutrality and professional conduct. Complaints by opposition parties that they have been prevented from campaigning in certain states must likewise be investigated impartially. Any established violations should attract appropriate corrective action. Electoral fairness requires not only impartial polling officials but also lawful campaigning, access to competing viewpoints and freedom from intimidation.
The alleged plot against INEC’s ad hoc personnel is a warning against complacency ahead of the 2027 general election. Governments, security agencies, INEC, political parties and civil society must work together to prevent violence, punish misconduct and protect citizens’ participation. The commission should communicate its security priorities, maintain accessible threat-reporting channels and provide periodic updates on preparedness. Nigeria’s democracy cannot be safeguarded by assurances alone; it requires demonstrable preparation, impartial law enforcement and an unwavering commitment to free, fair and credible elections.