Opinion
Privatising Nigeria’s Petroleum Industry (1)

The Nigerian economic
and political lexicons had never been in want of the right choice of words when government decides to intervene in the affairs of the petroleum industry. This is more so as the Petroleum Act 1969 Now Cap 10 Laws of Federation of Nigeria 2004, which supervises and regulates the industry from which the NNPC Act 1977, was derived, authorises the government to intervene.
The 1969 Petroleum Act also made NNPC a vertically integrated national oil company which means that NNPC can engage in exploration, production activities, transportation, marketing, supply and distribution of both crude oil and petroleum products ( upstream and downstream activities) .
This is one of the greatest undoing of the corporation as these activities are quite enormous for just one corporation, hence the various calls for its unbundling and restructuring. Thanks to the restructuring of 1988, which saw the creation of twelve departments out of the corporation but sadly enough, all of them were both in spirit and letter appendages of the NNPC.
For these reasons, they could not discharge their functions optimally and efficiently as the various departments were caught up by regulatory capture; each of them could not function independent of their farther and in particular, the Department of Petroleum Resources (DPR) which is industry regulator. No thanks to the non -passage of the Petroleum Industry Bill (PIB), which seeks to correct some of the challenges facing the industry.
I argue strongly that the non- passage of the PIB by the National Assembly is contributing to the regulatory uncertainty which faces the government in the petroleum sector, afortiori to the economic hardship that is currently strangulating Nigerians of all strata and the continuing environmental degradation of the Niger Delta region by oil companies operating in the region.
This is more so as poor regulatory framework in a regulated economy such as ours would lead to an unstable petroleum industry.
Conversely, a dynamic, robust and proactive regulatory benchmarks could revitalise an ailing public institution. Furthermore, a robust law could compel the government, to maintain certain level of standards of public services for its citizens in terms of the supply of petroleum products. The absence of any proactive legal regime in the industry has orchestrated regulatory and economic policy uncertainty in the sector in Nigeria
President Muhammadu Buhari-led government in its wisdom, has correctly or incorrectly intervened just like his predecessors in the affairs of the corporation, by announcing a new price band for the PM.
The reason government gave was that NNPC could not adequately supply more’ than 50% of the petroleum products requirements of the country and that the independent marketers could not, under the prevailing price regime, secure enough forex for the importation of petroleum product without recording a loss. The government also argued that the new price regime is the only way to make the product available and reliable for Nigerians.
However, it could be argued whether there is any need for govemment to be engaged in the control and management of the NNPC. The nature and extent of this control and management seems less clear but sometimes desirable.
Given the international nature of crude oil market, the capital intensive nature of the petroleum industry and the importance of petroleum as a catalyst for economic development in most countries , it would not be difficult to argue for the government’s control of this sector.
However, historically, governments are not good managers of resources. The examples in Britain and Normay could suffice here. In Britain, the control and management of British Petroleum in the UK was formerly under the supervision of the UK’s govemment but was later fully privatised, hence the
efficiency of the BP petroleum with huge presence in more than 100 countries of the world.
Norway oil was also fully owned by government but was later unbundled into two private independent companies with one saddled with policy matters while the other is engaged with investment and portfolio management.
Thus, the failure of NNPC in Nigeria to deliver efficient services after 47 years of its existence calls for a rethink of the government’s continuing direct control and management of the petroleum industry, in any guise, including the fixing of prices of products. This call has become all time imperative.
It has been restated overtime that to correct the market failures in the petroleum sector, the best govemment could do is to set out enabling environment, ensures stable legal, political and social environment for private partners to engage in the development of petroleum resources; leaving the industry to fix prices based on economic forces of demand and supply, while the government maintains some form of control through firm regulations and fiscal policies.’
Dr Dike is a senior lecturer, Rivers State University of Science and Technology, Port Harcourt.
Samuel C. Dike
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