NASS Passes Two Versions Of PIB, As Stakeholders React

There was uproar in the Senate, yesterday, during the consideration of the Joint Committee on Petroleum Resources Downstream; Upstream and Gas Resources on the Petroleum Industry Bill (PIB).
Despite that, the Senate, passed the controversial PIB after a very heated argument, debate, and plea on the percentage for the host communities, just as the lawmakers approved three percent (three per cent) of the actual annual operating expenditure of the preceding financial year in the upstream petroleum operations affecting the host communities for funding of the Host Communities Trust Fund.
It said that this will ensure adequate development of the host communities and reduction in the cost of production.
The three per cent approved was short by two per cent as against the five per cent recommended by the committee.
The report read, “This chapter highlights the effective and efficient administration of the Host Community Trust Fund which is to be anchored by the settlor, that is the oil and gas companies operating in the host communities.
“The various recommended provisions when passed into law will ensure a peaceful operating environment that will have a positive direct impact on the cost of oil and gas production which has been the bane of the Nigerian oil and gas industry,
“After extensive engagements with various stakeholders and on-the-spot assessment visits to host communities across the country, the Joint Committee recommended strengthening measures and saddled the host communities with responsibilities with a view to reducing or completely eradicating interferences and tampering in the country’s oil and gas production assets.

“Furthermore, to ensure adequate development of the host communities and reduction in the cost of production, the Joint Committee recommends five per cent (5%) of the actual annual operating expenditure of the preceding financial year in the upstream petroleum operations affecting the host communities for funding of the Host Communities Trust Fund.
“A total of 20 amendments were recommended to this Chapter while others were retained”.
Meanwhile, Senators had a closed door meeting with the Minister of State, Petroleum, Chief Timipre Sylva, and the Group Managing Director of the NNPC, Mele Kyari, who briefed the lawmakers for over one hour on the technical and financial details of the Bill before the consideration of the report.
Also, the House and the Senate, yesterday, passed a different version of the Petroleum Industry Bill.
While the lower chamber did not debate the bill, the members of the upper chamber had extensive debate on it.
The Deputy Speaker, House of Representatives, Hon Ahmed Wase did not allow any debate or call for an amendment, however, the Chairman of the ad-hoc committee, Mohammed Monguno moved a motion for the host community fund to be amended from the 2.5 per cent presented, to 5 per cent.
The amendment was adopted, however, the Senate passed at 3 per cent.
Speaking on the bill, Monguno who briefed journalists said Rep members will ensure that their 5 per cent is adopted against the 3 per cent by the senate.
He noted that the House has gotten the mandate to push for the 5 per cent.
He, however, said the Joint Committee of the National Assembly will have to decide on how to proceed.
The bill also makes provision for 30 per cent of oil profits to be invested into the frontier funds for the exploration of oil in the North and other frontier basins.
“The House has a mandate; the committee must jealously guard this mandate. Although there would be some give and take, the House will guard it jealously”, Munguno said.
“30% of the oil profit will be used for frontier explorations. The money will be in escrow account, if not used, it will be returned to the treasury. We only have 20 years window to maximise oil,” Monguno said.
The House version is yet to pass for Second Reading.
The joint committee is expected to concur to the two versions.
Commenting on the development, lead promoter, EnergyHub Nigeria, Dr Felix Amieyeofori, said, “This is a welcome development for the oil and gas industry, and the country at large as it will provide the long-expected business and investment environment for operators, and other stakeholders.
“This is coming at the time when oil and gas-dependent economies are grappling with the reality of the energy transition to cleaner renewable energy sources, targeted at tackling the global climate problems.
“While oil will still play a significant role in the global energy mix beyond 2050, the ‘Proverbial Net Zero Date’, Nigeria must ensure that we utilize the opportunities created by this law to fully harness the total hydrocarbon value chain in order to generate the capital that will propel our transition into the renewable world.
“I would, therefore, advise that government and all the stakeholders work toward ensuring the immediate implementation of the critical and pivotal clauses without the traditional politicking. The 2014 National Conference is still very fresh, as Nigerians are known for putting together very pragmatic policies and laws, but, we have always failed to walk the talk, and that has been the albatross of our development as a nation.”
He added: “I will say a Big Congratulations to the 9th National Assembly and Buhari-led Executive arm for taking the bull by the horns. I also want to congratulate the industry stakeholders for their sweats and strains for ensuring this historic event in the country.”
Similarly, a Port Harcourt-based energy analyst, said, “The PIB is dead on arrival, apparently because it is belated.
“This administration could have passed the PIB much earlier, but it wasted time trying to break it down into segments, including the Petroleum Industry Governance Bill (PIGB) before returning to the original plan of passing it as a single document.
“Consequently, the oil and gas industry and the entire nation’s economy have suffered. Many investments and companies had over the years gone to other nations in Africa, especially Angola, Ghana, and even the emerging East African countries.”
He added, “There was a time Nigeria used to deploy over 20 rigs, exploring for oil, but we currently use only about six or seven rigs.”
In a recent interview, the Executive Director, Spaces for Change, Victoria Ibezim-Ohaeri, who criticized previous administrations for their inability to pass the PIB, had attributed it mainly to, “lack of political will and vested interests.”
Reacting, the Presidency described the passage of the complete version of the Petroleum Industry Bill (PIB) which defied passage in previous assemblies over the last twenty years by the Senate as a jinx that has indeed been broken.
In a statement, yesterday by the Senior Special Assistant to President Muhammadu Buhari on National Assembly Matters (Senate), Senator Babajide Omoworare, said that breaking the jinx with the passage was a testament that the Executive and the Legislature can really work together and truly engage each other, without compromising party position and individual perspective, in the most positive manner with a view to actualising the common goal and communal good for Nigerians.
Omoworare congratulated President Muhammadu Buhari, the President of the Senate, Dr Ahmad Lawan, and the Speaker, House Representatives, Hon Femi Gbajabiamila on the passage of the Petroleum Industry Bill by the National Assembly.
The statement read, “The Senior Special Assistant to the President on NASS (Senate), Senator Babajide Omoworare, congratulates President Muhammadu Buhari, the Senate President Ahmad Lawan, and the Speaker, House Representatives, Hon Femi Gbajabiamila on the passage of the Petroleum Industry Bill by the National Assembly.
“It should be noted that the efforts by the Executive and Legislature in Nigeria to put in place contemporary legislative and legal framework in the oil and gas sector has proved abortive since the year 2000; also, the non-amendment of the extant framework being the Petroleum Act of 1967, has affected inflow of Foreign Direct Investment as well as growth in Local Content.
“Breaking this jinx and achieving this feat is a testament that the Executive and the Legislature can really work together and truly engage each other, without compromising party position and individual perspective, in the most positive manner with a view to actualizing the common goal and communal good for Nigerians.
“I would like to thank the entire Leadership and Members of the Senate and House of Representatives, as well as the Minister of State for Petroleum, Chief Timipre Sylvia, and the Group Managing Director of Nigeria National Petroleum Corporation, Mele Kolo Kyari, for their focused and tenacious attitude to achieving this milestone.”
Also reacting, the National President, Host Communities of Nigeria Producing Oil and Gas (HOSTCON), Chief Benjamin Benjamin Tamanarebi said it was insulting for the Senate and House of Representatives to cede only three and five per cent equity shareholding, respectively to the oil and gas producing communities in the Petroleum Industry Bill (PIB), passed.
Tamanarebi said that the PIB passed by NASS was a fruitless exercise and unacceptable to the host communities.
“Imagine for over 63 years of neglect, deprivation and marginalization of the aborigines who have suffered untold hardship in the midst of wealth, for the first time after many years of agitation, asking for only 10 per cent equity shareholding and the leadership of NASS is considering five per cent and three per cent viewing it that they have done us a favour.
“This is unacceptable and we reject the offer.
“It is our sole right as the aborigines, it is our land, and it is our waterways, as Nigeria claiming it because we are from Nigeria state. Then, why denying our rights to benefit, right to have clean environment, right to have potable water to drink, good hospital, electricity, good roads but leaving us in abject poverty, in a desecrated environment without considering the UNFCCC/ CDM criteria.
“We will still study other areas in the Bill to address it in due course, for example, Section 104 (2) on gas flaring where funds on penalty should be paid to the government, we reserve to study all sections, but is a fruitless exercise as usual,” he said.