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PIB: Eight Years In Limbo

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President Muhammadu Buhari and Senate President Bukola Saraki

President Muhammadu Buhari and Senate President Bukola Saraki

When President
Umaru Yar’adua, of blessed memory, assumed office in 2007, the unending crisis rocking the nation’s oil sector, could be said to be at its peak.
He was welcome into office by a turmoil occasioned by mass protest over an overnight and unwarranted increase in the pump prices of petroleum products, inherited from his predecessor, ex-president Olusegun Obasanjo.
As expected of a leader who has the feelings of the people at heart, Yar’Adua, reverted the new pump price to normal, rendering the land mine on his administration impotent, and the masses, ended the protest.
But, he also had the problem of the then Niger Delta militancy (the freedom fighters as they chose to be called), confronting him. There is no gain saying the fact that the colossal destruction caused by the activities of the Niger Delta militants on the nation’s oil and gas infrastructure in the region, brought Nigeria’s economy on its knees.
Again, as expected of a peaceful and caring leader, Yar’Adua intrdocued his famous Amnesty Initiative.  Consequent upon this, the staccato sounds of the militants’ guns and the booms of their bombs stopped thereby giving way for peace.
Apparently, after giving a deep thought on the oil sector, considering the fact that it is the lifewire of the nation’s economy, Yar’Adua initiated the Petroleum Industry Bill (PIB) as a master plan towards bringing sanity in the sector.
The PIB which Yar’Adua presented to the National Assembly as Executive Bill in 2008 stirred up wide jubilation amongst natives of oil-bearing communities because it promised them 20 per cent of equity in oil production.  The bill equally promised other goodies to other stakeholders.
However, like a pregnant woman happily welcome into the labour room, eight years after, neither the voice of the child nor that of the mother has been heard as the National Assembly members are yet to agree on issues concerning the PIB. The euphoria that greeted the idea of PIB has given way to anxiety, suspicion and fear.
Is it that the PIB idea is bad and contradicts all expectations of the National Assembly?  Such that the lawmakers cannot find any useful thing in the bill? Is it that the alleged cartel that determines what happens in the Nigerian oil sector is not happy and has decided to frustrate and kill the people’s bill? What exactly is the matter with this bill which in many analysists’ views holds a lot of promises to the people?
When Nigerians waited till the end of the sixth National Assembly (2007-2011) and did not see the bill transform into an Act of the Parliament, the impression then was that, because of the high level of importance attached to the bill and the need for the law makers to do thorough work on the bill, it could not be concluded.
But when the then Senate President, David Mark was concluding activities of the 7th National Assembly in 2015 and hurriedly ‘passed through’ his basket full of bills, concerned Nigerians were disappointed that the PIB was not one of the many bills that graduated to Acts of Parliament.
A group, the Environmental Rights Action/Friends of the Earth Nigeria (ERA/FoEN) expressed dismay over the failure of the National Assembly to pass the bill, attributing it to politics.
Executive Director of the group, Godwin Ojo, had during a press conference in Lagos accused some of the lawmakers of falling prey to the influence of the oil multinationals  who fear that the PIB would rob them of so much unabridged fortune they have been having as far as the nation’s oil industry is concerned.
To Ojo, “some of them became the mouth piece of Shell and other oil companies that threatened to pull out of Nigeria’s oil and gas operations if the PIB was passed.
“They not only betrayed the wishes of the people but succumbed to cheap blackmail of the oil companies that the PIB would render the oil and gas industry unviable”.
It would be recalled that apart from the one submitted by President Yar’Adua, which did not attract the attention of the lawmakers, ex-President Goodluck Jonathan re-introduced the bill to the National Assembly in 2012, which could also not attract the attention of the parliament.
The National Co-ordinator, Niger Delta Youth Coalition (NDYC). Prince Emmanuel Ogba, regretted the attitude of members of the National Assembly to the bill, saying their standing on the way of such a bill shows that the interest of the people was not the main business of those up there, and urged the present  senate, led by Bukola Saraki, to make a difference.
Ogba expressed the view that giving 10 per cent of the equity to the host communities would go a long way in bringing peace both for the community and the oil multinationals.  This according to him, would provide the conducive atmosphere for better oil operation that would benefit the host, the oil companies and the government.
The youth leader blamed the Federal Government for shortchanging the oil-bearing communities by not providing social amenities as road, water, schools, health infrastructure etc.
“You see, because the oil companies are the ones the community people always see physically, they transfer  their grievances to the companies for not providing the infrastructure while  in the actual sense of it these should not be the responsibilities of the companies.
In his own reaction, the publisher of News Africa Magazine, Mr Moffat Ekoriko, described the PIB as a National disgrace in that the sixth and seventh National Assemblies could not give Nigerians any explanation as to why they were not able to pass the bill.
“If we are to believe what we got from the grapevine, two factors were responsible for trauncating the bill.  Inducement by the multinational oil companies and ethnic interest. Ethic, in the sense that most provisions of the bill were seen as being more favourable to host communities”, he said.
Ekoriko, in an interview with The Tide, said the oil multinationals were uncomfortable with the aspect of the bill which gives 10 per cent equlity to the host communities and the incentive for deep offshore.
“If we are to believe those rumours, it then calls to question the sense of patriotism of the Sixth and Seventh Assemblies”, he said.
The News Africa publisher advised President Muhammadu Buhari to invest his political capital in getting the bill passed, noting that since APC controls both Houses of the National Assembly, there is no reason why a president who is so fair as Buhari cannot wield his party into line.
Another alternative, he said, is to break up the bill so that the non-contentious aspects can pass.  He suggested that Buhari should consider leaving the 10 per cent equity to host communities and the incentives for the deep offshore operations and pass the other less contentious aspects of the bill.
“Over the years, the government has been failing the oil communities. They collect tax and always fail to provide amenities.  What the oil firms should do is to provide ‘jara’, but ‘jara’  can’t substitute the real thing”, he said stressing  that oil companies cannot translate into government of the Niger Delta such that you expect them to provide water, road, healthcare and wondered what should be the responsibilities of the government.
Ekoriko also blamed the interventionist agencies as the Niger Delta Development Commission (NDDC) for lack of clear focus on what to provide.
“While NDDC goes into skills acquisition agriculture, primary healthcare what should go to LGAs and state government, it becomes Jack-of-all-trade and master of none”, he explained.
He said what the region needs is infrastructure as rail line connecting Niger Delta, good road network to make the economy of the region to take off and challenged the Niger Delta Ministry and other relevant agencies to be focused on their statutory responsibilities.
The PIB which should serve the interest of well-meaning Nigerians and stakeholders in the oil sector is one that would fairly address their peculiar needs and fears since it is by so doing that all stakeholders would work as partners in progress.
This spirit will bring to an end the so much acrimony where communities see the oil firms as those short changing them.
The Federal Government which defined and enjoys 60 per cent equity in the joint venture, should be alive to its expected responsibilities to the host communities.
Nigeria desires a PIB that would take definite stand on the issues of gas flaring , oil spill clean-up, local or Nigerian content particularly on expatriate quota, contract awards and also bring an end to the enigma of casualisation in the  oil industry.
Those who are so worried about the ubiqiutous influence of the oil multinationals should also know that as stakeholders, the multinational oil companies would not fold their arms on an issue that affects their business interest in Nigeria.
But what one expects is that members of the National Assembly, particularly those from the Niger Delta region should stand up in the interest of Nigeria and not allow themselves to be bought over by other forces protecting their own interest since they are voted to serve their people.
If a thorough job aimed at providing an effective PIB, fair to stakeholders, is done the fear is that there might be a PIB that would be watered down such that it would lose its essence.
The initiator of PIB, Yar’Adua, was a Niger Delta friendly President, same way Goodluck Jonathan was a Northern friendly President and did more for the north.  Buhari should declare his position on PIB.

 

Chris Oluoh

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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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