News
‘PIB Restricts Petroleum Products Import To Refinery Owners’
The Senate’s decision to award just three per cent to oil-bearing communities may not be the only controversial clause in the Petroleum Industry Bill (PIB) as a closer check has shown that the Upper Chamber also provided that petroleum products can only be imported by refinery owners in Nigeria.
While the bill expectedly removed price controls on petroleum products in Section 205, the Senate version of the bill has a clause that constrains market competition by restricting the importation of products to only players with local refining capacity.
This clearly counters the provision of 205(1), “Subject to the provisions of this Section, from the effective date, wholesale and retail prices of petroleum products shall be based on unrestricted free-market pricing conditions.”
The inserted Section 317 (8) in the Senate bill states, “(1) The Authority shall apply the Backward Integration Policy in the downstream petroleum sector to encourage investment in local refining.
“(2) To support this, licence to import any product shortfalls shall be assigned only to companies with active local refining licences.
“(3) Import volume to be allocated between participants based on their respective production in the preceding quarter.
“(4) Such import to be done under NNPC Limited Direct Sale/Direct Purchase (DSDP) scheme.
“(5) To safeguard the health of Nigerians, imported petroleum products shall conform to the Afri-5 specification (50ppm sulphur) as per the ECOWAS declaration of February, 2020 on adoption of the Afri-Fuels Roadmap”.
The decision by the Senate to impose restrictions on what is supposed to be a deregulated downstream sector of the petroleum industry raised eyebrows among experts who called for the provisions to be expunged.
When contacted, yesterday, energy expert and former President of the Society of Petroleum Engineers (Nigerian Council), Engr. Joseph Nwakwue, expressed concern that the provisions will create a duopoly in a price deregulated environment thereby destroying the Nigerian downstream industry as we know it today.
According to him, “It restricts importation of all petroleum products, including PMS, diesel, aviation fuel, lubricants, and base oil – products which are already deregulated, to only players with local refining capacity.
“In the near term, only the NNPC and Dangote will have domestic refining capacity for PMS for instance, so, they will be the only importers. This takes the industry back and could not have been the intention of the bill.
“Moving from a state-owned monopoly in a price regulated market to a duopoly in a price deregulated market is not what Nigeria needs now as it takes the industry backward and exposes Nigerians to exploitation and further hardship. This, in my humble view, is not reformatory”.
He pointed out that “rather than seek to protect refiners, we should rather seek to protect the consumers by liberalizing and expanding petroleum product supply sources. That is the only way prices will be ‘market-determined’ and consumers made to pay fair value for the products they buy.
“The viability of local refining is not determined or enhanced by locking out competition, it is rather achieved through price deregulation which has been done in Section 205.
“This clause gives statutory unfair advantage to private players rather than through market competition.
“Indeed, the law and the authorities have an obligation to protect the market (other players including Nigerian entrepreneurs) and the consumers rather than to encourage monopoly/duopoly by locking out competition.
“This clause does not create a level playing field for all players in the sector, and can, indeed, destroy existing Nigerian businesses that engage in importation of other petroleum products like diesel, LPG, Aviation fuel etc. with attendant loss of jobs and more economic misery for Nigeria and Nigerians”, he added.
Nwankwue pointed out that governments all over the world “do not create and encourage monopolies or duopolies and that is why anti-trust laws are enacted and enforced to protect industries and consumers.
“Nigeria should not be doing the reverse. A case can always be made about protectionist policies for nascent or pioneer industries, but this is not the case with a long-established, once-thriving Nigerian downstream.
“This clause needs to be expunged from the PIB. The downstream regulator – Authority should be left to develop regulations that are fair, inclusive and transparent for petroleum product importation that ensures open and diverse market supply and hence competition, only then would the objectives of the bill be achieved.
“It is worth repeating that as price control is being removed, supply must be competitive, inclusive, transparent and seen to encourage efficiency. Then, and only then will Nigerians and Nigerian win”, he added.
Also in his remarks, energy expert, Ademola Adigun, said the provision was clearly put in place to favour certain players in the industry.
According to him, “It is a clause designed to give an advantage to Dangote. It’s not a fair clause based on current realities and is capable of creating an oligopoly in the market.
“It’s very unfair and seems inserted to please a certain group”, he added.
Also, a document detailing industry players’ position on the PIB stated this about the section, “A licensing regime for importation be included in Section 174 and the conditions for licensing be open and transparent, ensuring free-market competition and a level playing field for all parties. This will enhance market efficiencies”.
The Senate and the House of Representatives had, last Thursday, set-up conference committees to harmonise both versions of the PIB.
The committees are expected to meet, today.
The harmonized version is also expected to be passed by both chambers before the National Assembly proceeds on its annual break on Thursday.
SERAP, in a statement released by its Deputy Director, Kolawole Oluwadare, yesterday, said the allegations involved the Ministry of Humanitarian Affairs and Poverty Reduction, the National Cash Transfer Office and the National Social Safety Nets Coordinating Office.
The allegations were documented in the Auditor-General of the Federation’s 2024 Annual Report, published on August 7, 2026.
According to the report, the findings covered various periods between January 2023 and December 31, 2024.
In the suit, marked ECW/CCJ/APP/42/26 and filed last week, SERAP is seeking a declaration that the government’s failure to account for the funds violates Nigeria’s international human rights obligations.
The organisation is also asking the court to order the government to provide a comprehensive account of the questioned funds, investigate the alleged irregularities, recover any money improperly spent or diverted where established, and strengthen financial oversight of social-protection programmes.
SERAP argued that the alleged financial irregularities could undermine the rights of vulnerable Nigerians to social security and an adequate standard of living, including access to food, clothing and housing.
The statement party read, “The funds were intended to benefit over 3.2 million households across 35 states, whose access to financial assistance has been affected by the allegations made by the Auditor-General.”
The suit, filed by SERAP’s lawyers, Kolawole Oluwadare and Kehinde Oyewumi, stated that the government’s failure to investigate the allegations and recover any improperly spent funds violated its obligations to protect vulnerable households.
“The failure to investigate the N78.8 billion cash-transfer scandal, account for the questioned funds and recover any unlawfully spent amounts violates Nigeria’s obligations to protect the human rights of vulnerable households,” the suit partly read.
The organisation said it instituted the case to protect affected households and ensure accountability for public funds allocated for their benefit.
“SERAP brings this public-interest case to protect the interests of affected households and ensure accountability for public funds allocated for their benefit,” it stated.
The organisation maintained that cash-transfer programmes could help address extreme poverty and enable vulnerable people to meet their basic needs, but argued that the government had a duty to ensure the funds were properly managed.
“The right to social security cannot be effectively realised merely by establishing a formal cash-transfer programme where the State fails to maintain reasonable systems for identifying beneficiaries, maintaining records, reconciling disbursements, monitoring expenditure, investigating irregularities and remedying losses,” the statement further stated.
According to SERAP, the Auditor-General questioned approximately N33.751bn reportedly transferred to more than 3.2 million households across 35 states in 2023, noting that adequate records to verify the payments and reconcile beneficiary records were not provided.
The report also identified N36.744bn in payments allegedly made without prepayment audits, N4.616bn in unsupported expenditures, N350.182m for enrolment, N89.511m for store purchases and N17.422m in diesel advances.
SERAP said the suit was brought under Article 9(4) of the ECOWAS Court Protocol to protect affected households and ensure accountability for public funds intended for social protection.
“The issue is whether the government has discharged its obligations under applicable human-rights treaties to safeguard resources allocated for social protection, investigate documented financial irregularities, provide effective remedies and ensure that those resources are applied for their intended purposes,” it stated.
The organisation also cited the constitutional responsibility of the Auditor-General to audit and report on the public accounts of the Federation and the offices and agencies of the Federal Government, describing the findings in the annual report as important official records of public expenditure.
It relied on Articles 1 and 2 of the African Charter on Human and Peoples’ Rights, arguing that the government had obligations to give effect to protected rights and ensure that failures in administering social-protection programmes did not result in discriminatory exclusion or unequal access to benefits.
“The Nigerian government has the obligation to take effective measures to prevent and address corruption and related misuse of public resources. The government has failed to take appropriate measures in response to the allegations made by the Auditor-General”, the statement added.
SERAP said it had previously urged President Bola Tinubu and relevant authorities to account for the questioned funds, publish audit records, investigate irregular expenditures, recover any funds unlawfully spent or diverted and take appropriate action against those responsible.
Following the publication of the Auditor-General’s report, the organisation issued a public statement and sent a letter dated September 5, 2026, requesting action on the findings. It also sought payment and beneficiary records, verification documents and an explanation for the missing REMITA records.
“The deadline given to the government to address the Auditor-General’s findings had elapsed without adequate action,” it stated.
The organisation further cited Articles 1 and 21 of the African Charter, alongside Article 9 of the United Nations Convention against Corruption, as requiring effective measures to protect rights and resources, promote transparent public financial management, investigate irregularities and recover public funds where losses or improper expenditure were established.
SERAP also relied on the works of legal scholar Kolawole Olaniyan, including Corruption and Human Rights Law in Africa, published by Hart Publishing in 2014, and Ownership of Proceeds of Corruption in International Law, published by Oxford University Press in 2023. It said the publications provided persuasive academic authority on corruption’s effects on human rights, public resources, accountability and international legal remedies.
“SERAP accordingly submits that the Auditor-General’s findings cannot be treated merely as administrative irregularities where public funds allocated for social protection may have been lost, improperly spent or left unaccounted for, and the government fails to take effective corrective action,” the statement added.
SERAP is asking the court to direct the government to conduct an independent, prompt and effective investigation into the identified irregularities, recover public funds improperly spent, diverted or lost where established, and take appropriate legal or administrative action against those found responsible, in accordance with due process.
It also wants the government to strengthen financial accountability, beneficiary verification, auditing, reconciliation and oversight mechanisms to prevent a recurrence of the alleged irregularities and ensure that eligible vulnerable households receive their intended benefits.
The organisation is further seeking an order restraining the government from administering or disbursing cash-transfer and social-protection funds without adequate accountability and oversight mechanisms, as well as appropriate remedies for any established adverse effects on beneficiaries’ protected rights.
No date has, however, been fixed for the hearing of the suit.
The intervention covers 79 universities, 46 polytechnics and 41 colleges of education, with universities receiving the largest share of the allocation.
The Federal Ministry of Finance disclosed this in a statement issued on Sunday by its Head of Media, Efe Ovuakporie, explaining that the funds would support approved projects in beneficiary institutions.
The statement read, “The Federal Government has disbursed N38.93bn to 166 public tertiary institutions nationwide under the Needs Assessment Revitalisation Fund.”
According to the ministry, the university component accounts for N28.5bn, while N5.8bn has been allocated to polytechnics and N4.7bn to colleges of education.
According to the ministry, the university component accounts for N28.5bn, while N5.8bn has been allocated to polytechnics and N4.7bn to colleges of education.
An analysis of the allocations by PUNCH Online showed that universities would receive approximately 73.2 per cent of the announced N38.93bn intervention, making them the largest beneficiaries.
Polytechnics would account for about 14.9 per cent, while colleges of education would receive approximately 12.1 per cent.
The ministry explained that the intervention was intended to address longstanding infrastructure challenges in public tertiary institutions and support the implementation of agreements reached between the Federal Government and the Academic Staff Union of Universities.
It stated, “The intervention forms part of the Federal Government’s efforts to address the needs of public universities and support the implementation of agreed measures under the Memorandum of Understanding between the Federal Government and the Academic Staff Union of Universities.”
The Needs Assessment Revitalisation Fund is designed to support improvements in institutional infrastructure and other identified needs, particularly in public universities, where inadequate facilities have remained a recurring concern in negotiations between the government and academic unions.
The ministry said the latest disbursement would enable beneficiary institutions to begin new projects or continue previously approved interventions aimed at improving their operational capacity.
“The funds are expected to enable beneficiary institutions to commence or advance approved projects addressing critical infrastructure and other identified institutional needs, with the overall objective of strengthening the quality of tertiary education in Nigeria,” it added.
The government also emphasised the need for coordination among the Federal Ministry of Finance, Federal Ministry of Education and beneficiary institutions to ensure that the released funds produced measurable improvements.
It noted that effective collaboration would be necessary to translate the financial intervention into improved infrastructure, institutional capacity and learning conditions.
The Bill, titled “A Bill for an Act to Amend the Federal Universities of Agriculture Act, Cap. F22, Laws of the Federation of Nigeria, 2024” was sponsored by Senator Ipalibo Harry Banigo representing Rivers West Senatorial District.
The bill seeks to amend the existing Federal Universities of Agriculture Act to provide for the establishment of the proposed institution in Emughan community in Rivers State.
The passage of the bill by the Senate marks a significant legislative milestone towards the establishment of the proposed university.
When established, the institution is expected to expand access to higher education, promote agricultural research and innovation, develop skilled manpower, and contribute to the economic growth of Rivers State and Nigeria at large.
According to a statement made available to The Tide, the bill, having passed the Third Reading in the Senate, will now proceed to the House of Representatives for concurrence as part of the legislative process towards its enactment into law.
The bill underscores Senator Banigo’s commitment to advancing educational opportunities and strengthening agricultural development in Rivers State.
By: Kevin Nengia
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