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Nigeria’s Energy Sector In Retrospect

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The year 2012 has been a mixed grilled for Nigeria in its energy sector. This is so because the experience during the last year under review has been a combination of the “good” and the “bad”, though the  bad seems to be dominating the “good” therefore having remarkable impact on the nation’s economy.

This impact, naturally tilt this piece to reflect on the “bad” in the sector.

Nigerians woke up on January 2012 to the ugly reality of the removal of fuel subsidy which led to the astronomical increase in pump price of petrol from N65 per litre to N140 per litre. This sparked a series of protest across the country which crippled economic activites thus forcing the federal government to resort to partial deregulation by pegging the pump price of petrol at N97 per litre. This, off course, obtains in some parts of the urban areas with close monitoring as in rural areas and most parts of the rural parts of the country that are not closely monitored sell between N120 to N160 per litre.

No doubt the oil and gas aspect of the energy sector which has shrouded in darkness was to some extent unshrouded by the various probe reports from the Nuhu Ribadu’s to Dotun Suleman’s and Kalu Idika’s that were set up in the wake of the protests that greeted the subsidy removal.

There have, however, been spirally controversies clogging the implementation of these probe reports inclusive of the one carried out by the Farouk Lawan’s House of Representatives ad hock Committee on subsidy payment.

The reports by Farouk and Ribadu generated heated arguments for and against due to the revelations that emanated from them.  While the Farouk’s Committee report was tainted by the $620,000 bribery alleged by Femi Otedola, the Ribadu’s committee report though openly challenged by two members of the committee who accused him of not doing a thorough job made open some starkling revelation that left Nigerians dumbfounded.

Also, the Petroleum Industry Bill (PIB) that was compiled by Senator Udo Udoma’s committee before being sent to the National Assembly was strongly opposed by the Northern Senators and International Oil Companies. These were the same factors that resulted to abortion of previous PIBs. Recent reports have it that the House of Representatives has postponed the hearing on this controversial bill to between the third and the fourth week of January 2013.

The indictment and prosecution of several petroleum marketers in respect of fuel subsidy had the resulted effect of the perpetual scarcity of petroleum products in many cities across the country as these marketers who cushion government’s importation were not importing. Nigerians, inadvertently bear the brunt as government’s importation alone cannot meet up public demands.

Also of note is statement issued by Nigerian Association of Petroleum Explorationists (NAPE) at its Annual International Conference and Exhibition in Lagos recently that the nation’s potential of generating about 2.26 metric tones of Liquefied Petroleum Gas (LPG) annually will never be achieved unless issues of infrastructure deficit and lack of access to finance of players in the sector were addressed.

The statement, said the attainment of the nation’s vision 20:20 objective can only be achieved with stable power supply with gas production playing important role.

The statement presented by Mr. Mustapha Jibrin further noted that recent discoveries in other parts of Africa was negatively affecting Nigeria’s natural gas potential and its competiveness.

“The competitiveness of Nigeria’s natural gas and the numerous opportunities… it would be impacted by recent discoveries of large reserves of gas in other parts of Africa, especially offshore East Africa, as well as huge exploitation of shale gas in different parts of the world,” the statement reads partly. The country reveals a poor state of services amidst a monthly outrageous bills. This is inspite of all the news about the implementation of power sector reform such as the increase in electricity tariff, privatisation of generation and distribution companies as well as the management takeover of the Transmission Company of Nigeria by Manitoba, a Canadian firm (a deal which has a lot of controversies). Earlier this month, it was reported that the country was still generating about 4,300MW of electricity. Significant energy is still lost to weak transmission lines coupled with incidence of system collapse which is still prevalent.

Some believe that if the privatisation timetable was followed to the letter, we would have been singing a new song as new owners of the generation, transmission and distribution companies would have commenced operation in earnest leading to a break through in the sector, and this reform for some Nigerians is tied to the old order.

Therefore, their hope dwindled with the Minister of Petroleum, Mrs Diezani Alison Madueke represented by Mr Austin Olorunshola, a director in the Department of Petroleum Resources (DPR) at the same occasion corroborated this view as she said Nigeria was coming under extreme competitive pressure from African neighbour.

According to her, the oil and gas, discovery in neigbouring African countries and shale gas discovery globally  was a major challenge to the nation’s oil and gas industry.

She also disclosed that the lack of discovery of oil in commercial quantity in the Chad basin was a cause of concern for the sector but allayed the fears saying “the lack of activity in the Chad basin is not a signal of lack of prospect.

The low level of production was also attributed to security challenges experienced in some parts of the country and pipeline vandalism.

President Goodluck Jonathan in his Christmas Message urged Nigerians to continue to trust in his unwavering commitment to fully achieve the objectives of his administration’s agenda for National Transformation for the benefit of all Nigerians. It is hoped that as we enter 2013, the president will have the political will and determination to deliver positive changes as he has promised and make the new year much better in all ramification, especially in the energy sector.

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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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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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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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