Editorial
PIB: No To 3% Host Community Fund
For about one and half decades, Nigeria has been on a long-drawn-out trip on the Petroleum Industry Bill (PIB), with many assumptions and assurances failing overtime under past National Assembly leadership. However, two years into the Ninth Assembly, the Bill was passed upon adopting all the 318 clauses as put forward by the Committee on PIB following some modifications. With this latest outcome, it seems the Ninth Assembly is set to make history, if the PIB gets President Muhammadu Buhari’s acquiescence.
A presidential committee set up in 2007 to look into the oil and gas sector came up with the concept of the PIB, which intended to advance transparency at the Nigerian National Petroleum Corporation (NNPC) and the Nigeria’s share of oil fund. Later, the Bill was moved to the National Assembly in December, 2008 by the late President Umaru Yar’Adua.
However, the proposed legislation was never passed into law because of criticisms from the International Oil Companies (IOCs) and the NNPC over its compositions. In 2015, the former Minister of State for Petroleum Resources, Dr. Ibe Kachikwu, declared that the PIB was to be amended to facilitate its passage. It was later separated into distinct parts to focus on numerous aspects of the oil enterprise.
Despite the many unsuccessful attempts, the passage of the PIB was one of the preferences specified by the Ninth National Assembly in its legislative calendar. Members of the Senate and the House of Representatives, returning to work after their inauguration on June 11, 2019, pledged to break the ‘jinx’ around the Bill and reform the oil and gas sector.
President Buhari, on September 29, 2020, had passed on the PIB to the federal legislators. The Bill moved through the first and second reading without differing views from the lawmakers, and consequently, an ad-hoc committee was set up by the House for the public hearings, while the Senate Committees on Petroleum Upstream, Downstream and Gas, directed affairs for the Senate.
PIB seeks to get rid of the Petroleum Equalisation Fund (PEF) and Petroleum Products Pricing Regulatory Agency (PPPRA) and supplant them with a new agency to be known as Nigerian Midstream and Downstream Regulatory Authority (NMDRA), which will be responsible for the technical and commercial regulation of midstream and upstream petroleum operations in the industry.
Similarly, the Bill plans the establishment of Nigerian Upstream Regulatory Commission to be liable for the technical and commercial regulation of upstream petroleum activities. It further requests the commercialisation of the NNPC to develop into Nigerian National Petroleum Company to be incorporated under the Companies and Allied Matters Act by the Minister of Petroleum Resources.
The Federal Government had offered 2.5 per cent as royalty for the host communities in the proposed law. But, that was inadequate and consequently turned down by the host people who demanded 10%. But the Senate and the House of Representatives ceded only three and five per cent equity shareholding to the oil and gas producing communities.
While we laud the National Assembly for conducting the PIB through which had been in limbo all these years, we repudiate the preposterous 3% allotted to host communities and maintain that it be re-examined upwards for harmony, justice and equity. The minimum we demand is the 5% limit of the House with a periodic evaluation. The action of the Senate undermines the 65 years of oil discovery and exploration activities in the region and the resultant devastation of the environment.
Of similar concern in the PIB is the 30% share of profit reserved for exploration in the oil basins or frontier states. This is outrageous, fraudulent and provocative and should be expunged immediately. It is unreasonable to set aside that much for the exploration of a product that is shifting away with fading value.
Our stand on the ownership structure of the NNPC is consistent with that of the Southern Governors’ Forum. Although commercialising the Corporation will open it up for competition and make it more profitable, we think that its ownership should be in the trust of the Nigeria Sovereign Investment Authority (NSIA), not the Federal Ministry of Finance, since all tiers of government have interests in it.
It is getting clearer that the beneficiaries of the Nigeria’s flawed federal system are not rushing to shift ground. The governors should impress it on the lawmakers from the South to press home these demands. It is unpardonable to see the unjust laws and policies coming out of the Buhari regime with no serious pushback from Southern and Niger Delta legislators.
These National Assembly representatives, especially from the Niger Delta are disconcerting. How could they observe helplessly their counterparts from other parts of the country appropriate three and five per cent to host communities? Perhaps, they were slumbering and dozing when final considerations on the Bill were on. They have failed their people and are undeserving of a return.
The PIB must be revisited with the views of the host communities and stakeholders in the Niger Delta region considered. It is our opinion that the ongoing constitutional emendation should predate the review and ratification of the PIB, as most of the imbalance and marginalisation discovered in the passage of the Bill are predicated upon the deliberate malignancy in the 1999 Constitution.
There are moments in the life of a legislature when plain speaking becomes a public service. Senator Adams Oshiomhole provided such a moment on the floor of the Senate when he accused the Minister of Works, Senator David Umahi, of manifestly neglecting critical federal arteries in Edo and Delta States, and implored his colleagues to prevail on the Minister to adopt a more equitable and genuinely national approach to road infrastructure delivery. It was blunt, it was uncomfortable, and it was necessary.
The specifics of his complaint deserve restating. Drawing attention to the recent approval of some 20 new road projects despite the parlous state of existing ones, the former Edo State governor lamented that Nigerians cannot travel from Benin to Warri, Benin to Asaba, Benin to Auchi, or Auchi to Okene without encountering severe distress. He alleged a deliberate omission of these corridors from the national budget in the last three years, save for palliative interventions directed by President Bola Tinubu through tax credit arrangements. His question — “What have we done wrong?” — resonates far beyond the chambers of the National Assembly.
We lend our full and unequivocal support to that call. The Auchi-Benin Road, for instance, has been in a deplorable and near-impassable condition for several years, turning what should be a two-hour journey into an all-day ordeal of broken axles, extortionate fares, and despondent commuters. The media have, on multiple occasions, chronicled the suffering of motorists, traders, and students who ply that route. To describe it as a federal road today is to stretch the meaning of the term beyond recognition.
This pattern of sidelining is not confined to Edo or Delta. Even here in Rivers State, the disposition of the Federal Ministry of Works has left much to be desired, particularly along the Eleme axis of the East-West Road. That road, which ought to be a flagship of federal presence in the Niger Delta, has remained in a wretched state for long. Those who use it daily — workers at the Eleme Petrochemical Complex, the two refineries, Onne Port, and the countless ancillary industries — can attest to its deterioration. Work has proceeded in fits and starts without the sustained urgency such a strategic road demands.
The Eleme stretch is not a mere intra-state byway. It is the gateway to the nation’s economic jugular. According to the Federal Ministry of Works and Housing’s 2023 Highway Condition Survey, only about 35 per cent of the country’s 36,000 kilometres of federal roads are rated as being in good or fair condition, with the remainder classified as poor or very poor. The East-West Road, conceived in the 1970s to bind the entire Niger Delta, remains unfinished in critical sections more than four decades after. If it had been treated as a priority, the perennial gridlock, carnage, and economic loss on the Eleme-Refinery junction would have long been consigned to history.
The irony is as painful as it is glaring. The Niger Delta remains the goose that lays the golden eggs. Data from the Nigeria Extractive Industries Transparency Initiative [NEITI 2023 Oil and Gas Audit] show that the region still accounts for over 78 per cent of Nigeria’s federally collected export earnings and about 65 per cent of total government revenue. The National Bureau of Statistics [NBS Foreign Trade Report Q4 2024] similarly confirms that crude oil continues to dominate export receipts. By every metric of equity and economic logic, a region that sustains the national purse deserves first-rate consideration in the allocation of infrastructure, not afterthoughts and tokenism.
Road infrastructure is not largesse to be dispensed by favour; it is the skeleton upon which commerce, cohesion, and citizenship hang. When contracts are concentrated in one geopolitical zone while other zones are left to contend with craters, it erodes trust in the federation itself. The World Bank’s Nigeria Development Update [June 2023] estimated that poor transport connectivity inflates the cost of moving goods by up to 40 per cent and costs the Nigerian economy an estimated $1.5 billion annually in lost man-hours and vehicle maintenance. If we profess to be one country, then equity must be the compass that guides key institutions before any project is executed. Development must spread round, not pool in one place as though other regions do not matter.
There is also a grave security dimension that can no longer be ignored. The deplorable condition of federal roads has become a veritable enabler of criminality. The NBS Crime Experience and Security Perception Survey reported over 2.5 million incidents of kidnapping-related occurrences nationally, with transport workers identifying bad road spots as prime ambush points. When vehicles are forced to crawl at 10 kilometres per hour through failed sections at Auchi, Sapele Road, or Eleme, they become sitting ducks for armed gangs. Fixing bad roads, therefore, is not merely about convenience; it is about safeguarding lives.
By his intervention, Senator Oshiomhole has hit the nail on the head and reminded Minister Umahi of a fundamental constitutional truth: public office is held in trust. The Ministry of Works is not a personal estate where contracts are awarded according to whim or political convenience. It is a national institution funded by the collective resources of Nigerians, including the oil and gas rents from the very communities whose roads are now neglected. The Minister must demonstrate balance, transparency, and a pan-Nigerian outlook in the distribution of projects that impact the daily existence of citizens. Selective neglect breeds suspicion, and suspicion is corrosive at a time when the nation is preaching unity, oneness, equity, and justice.
Consequently, the National Assembly must go beyond rhetoric and assert its oversight powers with vigour. Sections 88 and 89 of the 1999 Constitution [as amended] empower the legislature to investigate and expose any maladministration in the execution of federal projects. If an office holder is not acting rightly, it is the duty of the Senate and the House of Representatives to call him to order. Oversight must not be reduced to budget approval ceremonies; it must translate to field verification, public hearings, and insistence that the Federal Character principle, as enshrined in Section 14(3) of the Constitution, reflects in road awards.
Let the Auchi-Okene, Benin-Warri, Benin-Asaba, and Eleme East-West gangways be restored to motorable dignity. Let priority be given to completing existing, economically vital roads before embarking on new ones. If those who, through their resources, sustain the federation are sidelined in the distribution of tangible dividends, it tells poorly of our nationhood. Bad roads must be fixed, and they must be fixed now, with fairness as the guiding standard.
