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Another Look At The Nigerian Content Act

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The Nigerian Content Development Act was signed into law in
2010 to achieve the domestication of significant portion of derivatives of the
oil and gas industry by ensuring the development and deliberate use of
indigenous human and material resources in the industry in Nigeria. It is
targeted at the adding value to the nation’s economy through the systematic
development capacity and  capabilities by
using Nigerian human and material resources, and services in the industry.

The Act says Nigerian Independent Operators shall be given
first consideration in the award of oil blocks, oil licenses, oil lifting
licenses and all projects that have to do with oil blocks and oil licenses
particularly.

The intention of the Act therefore, is to build the Nigerian
Content by making it mandatory that some jobs in the industry are done in
country by Nigerians using Nigerian materials.

No doubt, the enactment of this Act ushered in a new era in
the oil and gas as prior to the Act, equipment used in the industry were
usually designed, fabricated and assembled abroad thus leading to capital
flight and export of jobs. There was a preponderance of expatriate workers
resulting to scarcity of jobs, paucity of skills  and capacity building and utilization of
Nigerian workforce, culminating to economic under-development in the country.

Agreed, the law gave local entrepreneurs like Niger Dock,
Ladol, Daewoo, Saipem, LoneStar, Adamac among others the confidence to venture
into areas that hitherto were the exclusive preserve of multinational
companies.

According to the Executive Secretary of the Nigerian Content
Development and Monitoring Board (NCDMB), Engr. Ernest Nwapa represented by
Wole Akinyosoye the Act has to say the least opened a floodgate of acativities
in the industry which has resulted to a surge in indigenous capacity in the
industry.

Be that as it may, there still exist some gray areas that
need to be given some consideration. In terms of giving priority to indigenous
operators which the Act talked about, it is not explicit on the process which
the preferential treatment should be done.

For instance, on the list of 2012 to 2013 Crude Oil Contract
Holders, most of the companies have links with foreign owners while in some
cases an holder will be replicated but with different names.

There is also institutional problem as Nigerian National
Petroleum Corporation (NNPC) dominates contract allotment. So how and where
does the NCDMB come in, in terms of giving contracts.

Another gray area in the Act is the downstream Sector which
is the major concern of his piece. The downstream sector is not covered. Dr.
Eddie Wikina, while presenting a paper on “Promoting the Nigerian Content
through Deregulation of the Downstream Sector” at the just concluded Port
Harcourt International Oil and Gas Conference in Port Harcourt, noted that the
Act was restrictive as it does not cover the downstream sector of the
industry   Dr. Wikina who is the managing
director of Treasure Energy Resource limited, a Rivers State Government oil and
gas firm, argued that in terms of Upstream business in the industry as touching
expatriate quota and using Nigerian materials, the Act has faired well but
nothing in the downstream.

The scope of the Act which is restricted to the upstream
sector, according to the oil and gas guru include services from within Nigeria,
goods manufactured in Nigeria, training and employment of Nigerians, location
of project office in catchment area or community, tax incentives for local
manufacturing, all fabrication and welding activities, insurance, legal and
financial activities.

He explained that
anybody who wants to build a downstream plant that is capable of employing up
to 5000 people in the country can do it with 100 per cent foreign labour,
foreign materials, foreign services and nobody will raise an eyebrow because
there is no law that says they must use Nigerian materials and services.

He pointed out that the downstream which has to do with
among others processing that convert oil nad gas into useful products including
distillation, cracking, reforming, blending,
storage, mixing and shipping has some regulatory control issues.

Some of the regulatory control issues, the TERL boss pointed
out were monopoly, closed market, price manipulation, lack of innovation,
investment block, value erosion, inefficient operations, foreign import
dependent, smuggling inter alia.

He therefore, recommended the review of the Act to
explicitly cover the downstream sector as this will open more opportunities for
participation of local indigenous operators and service providers thus leading
to growth of the Nigerian Content Development.

For instance, the coordinator of the 6th Nigerian Dredging
Summit, Exhibition and Award, Mr. Edmund Chilaka quoted NCDMB as saying that
$20billion oil and gas projects in the country were owned by foreigners and
noted that out of this whooping sum, only a paltry sum of less than $4 billion
was retained in Nigeria.

His words: “An estimate of over 150 times more jobs are
created in other countries than in Nigeria when Nigerian projects are being
executed.

“Ownership profile of marine assets supporting industry
activities has a current ratio of about 230 foreign owned vessels to a pitiable
20 Nigerian owned.”

Scenarios like the one painted above could be changed by
making the Act to cover the downstream as advocated by Dr. Wikina.

The TERL MD also recommended a full deregulation of the
downstream which would see government releasing the control on product prices.
He said it will open the market for more investors to come into the sector and
the emergence of more production facilities. Countries like Peru, Argentina,
Pakistan, Chile, Philippines, Thailand, Mexico, Canada, Venezuela, Japan,
United States of America (USA) among others have undergone complete
deregulation leading to a turn around of their economies. Government’s roles in
these countries have been drastically reduced thus giving greater freedom for
operators in the industry to operate and thrive which create room for healthy
competition and naturally drive down costs.

He enjoined government to completely end control on the
sector to allow independent operators to come in and money saved from subsidy
could be reinvested in local industries or used to support those ready to build
independent processing plants. And to a great extent add the much desired value
to the nation’s economy.

Federal Governments, he suggested should make funds
affordable by making investors in the industry have access to low interest rate
loans as this would serve as encouragement for them to venture into the
industry.

Commenting on the
difficulty of accessing funds by indigenous players in the industry, the
managing director of Harrybeath International Services Limited, Engr Agha Abani
said “You see the Nigerian government has good intentions to build capacity but
the problem most Nigerian companies have is in funding; we still have problems
of getting the required funding from the Banks. In the Western world, it is
much easier for them to finance this kind of projects but here in Nigeria it is
very difficult to get funding from the banks. So this is an area that has to be
looked at.”

 

Vivian-Peace Nwinaene

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Oil & Energy

NERC, OYSERC  Partner To Strengthen Regulation

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THE Nigerian Electricity Regulatory Commission (NERC) has stressed the need for strict adherence to due process in operationalizing state electricity regulatory bodies.
It, however, pledged institutional and technical support to the Oyo State Electricity Regulatory Commission (OYSERC).
The Chairman, NERC, Dr Musiliu Oseni, who made the position known while receiving the OYSERC delegation, emphasised that the establishment and take-off of state commissions must align fully with the law setting them up.
Oseni said that the NERC remains committed to partnering with State Electricity Regulatory Commissions (SERC) to guarantee their institutional stability, operational effectiveness and long-term success.
He insisted that regulatory coordination between federal and state institutions is critical in the evolving electricity market framework, noting that collaboration would help to build strong institutions capable of delivering sustainable outcomes for the sector.
Also speaking, the Acting Chairman, OYSERC and leader of the delegation, Prof. Dahud Kehinde Shangodoyin, said that the visit was aimed at formally introducing the commission’s acting leadership to the NERC and laying the groundwork for a productive working relationship.
Shangodoyin said , the acting members were appointed to provide direction and lay a solid foundation for the commission during its transitional period, pending the appointment of substantive members.
“We are here to formally introduce the acting leadership of OYSERC and to establish a working relationship with NERC as we commence our regulatory responsibilities,” he said.
He acknowledged NERC’s readiness to provide technical and regulatory support, particularly in the area of capacity development, describing the backing as essential for strengthening the commission’s operations at this formative stage.
“We appreciate NERC’s willingness to support us technically and regulatorily, especially in building our capacity during this transition,” he added.
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Oil & Energy

NLC Faults FG’s 3trn Dept Payment To GenCos

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The Nigeria Labour Congress and the Association of Power Generation Companies have engaged in a showdown over federal government legacy debt.
NLC president Joe Ajaero has faulted the federal government’s move to give GenCos N3 trillion from the Federation account as repayment for a power sector legacy debt, which amounts to N6.5 trillion.
In a statement on Thursday, Ajaero said the Federal Government proposed the N3 trillion payment and the N6 trillion debt as a heist and grand deception to shortchange the Nigerian people.
“Nigerians cannot and should not continue to pay for darkness,” Ajaero stated.
Meanwhile, the Chief Executive Officer of the Association of Power Generation Companies, APGC, Dr. Joy Ogaji, said Ajaero may be ignorant of the true state of things, insisting that the federal government is indebted to GenCos to the tune of N6.5 trillion.
She feared the longstanding conflict could result in the eventual collapse of the country’s power.
According to her, the federal government’s N501 billion issuance of power sector bonds is inadequate to address its accumulated debt.
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Oil & Energy

PENGASSAN Rejects Presidential EO On Oil, Gas Revenue Remittance  ……… Seeks PIA Review 

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The Natural Gas Senior Staff Association of Nigeria(PENGASSAN) Festus Osifo, has faulted the public explanation surrounding the Federal Government’s recent oil revenue Executive Order(EO).
President of the association, Festus Osifo, argued that claims about a 30 per cent deduction from petroleum sharing contract revenue are misleading.
Recall that President Bola Ahmed Tinubu, last Wednesday, February 18, signed the executive order directing that royalty oil, tax oil, profit oil, profit gas, and other revenues due to the Federation under production sharing, profit sharing, and risk service contracts be paid directly into the Federation Account.
The order also scrapped the 30 per cent Frontier Exploration Fund under the PIA and stopped the 30 per cent management fee on profit oil and profit gas retained by the Nigerian National Petroleum Company Limited.
In his reaction, Osifo, while addressing journalists, in Lagos, Thursday, said the figure being referenced does not represent gross revenue accruing to the Nigerian National Petroleum Company Limited.
He explained that revenues from production sharing contracts are subject to several deductions before arriving at what is classified as profit oil or profit gas.
Osifo also urged President Bola Tinubu to withdraw his recently signed Presidential Executive Order to Safeguard Federation Oil and Gas Revenues and Provide Regulatory Clarity, 2026.
He warned that the directive undermines the Petroleum Industry Act and could create uncertainty in the oil and gas industry, insisting that any amendment to the existing legal framework must pass through the National Assembly.
Osifo argued that an executive order cannot override a law enacted by the National Assembly, describing the move as setting a troubling precedent.
“Yes, that is what should be done from the beginning. You can review the laws of a land. There is no law that is perfect,” he said.
He added that the President should constitute a team to review the PIA, identify its strengths and weaknesses, and forward proposed amendments to lawmakers.
“When you get revenue from PSC, you have to make some deductibles. You deduct royalties. You deduct tax. You also deduct the cost of cost recovery. Once you have done that, you will now have what we call profit oil or profit gas. Then that is where you now deduct the 30 per cent,” he stated..
According to him, when the deductions are properly accounted for, the 30 per cent being referenced translates to about two per cent of total revenue from the production sharing contracts.
“In effect, that deduction is about two per cent of the revenue of the PLCs,” he added, maintaining that the explanation presented in the public domain did not accurately reflect the structure of the deductions.
Osifo warned that removing the affected portion of the revenue could have operational implications for NNPC Ltd, noting that the funds are used to meet salary obligations and other internal expenses.
“That two per cent is what NNPC uses to pay salaries and meet some of its obligations.The one you are also removing from the midstream and downstream, it is part of what they use in meeting their internal obligations. So as you are removing this, how are they going to pay salaries?” he queried.
Beyond the immediate impact on the company’s workforce, he cautioned that regulatory uncertainty could affect investor confidence in the sector.
“If the international community and investors lose confidence in Nigeria, it has a way of affecting investment. That should be the direction. You don’t put a cow before the horse,” he added.
According to him, stakeholders, including labour unions and industry operators, should be given the opportunity to make inputs at the National Assembly as part of the amendment process saying “That is how laws are refined,”
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