Oil & Energy
CSO Urges Oil Communities To Challenge PIA In Court
A Civil Society Organisation, Policy Alert, has faulted President Muhammadu Buhari’s signing of the Petroleum Industry Act 2021, urging communities to test the provisions of the Act before the courts.
President Buhari had signed the erstwhile Petroleum Industry Bill, PIB, into law last Monday amidst protests from community groups and many other stakeholders that the Bill do not adequately cover the rights and interests of the host communities.
In a statement signed by its Communications and Stakeholders Engagement Officer, Mrs. Nneka Luke-Ndumere, Policy Alert, which is working for economic and ecological justice, described the presidential assent to the PIB as “grossly insensitive and problematic.
“It is sad that the bill has been assented to in the most controversial manner despite its many obvious flaws and its rejection by many stakeholders,” the statement read.
It added: “For example, the controversial provision for a direct payment of 30 percent profit oil and profit gas to the Frontier Exploration Fund potentially shortchanges the oil producing states and local governments of some of its thirteen percent derivation as it bypasses the requirement in section 162 (2) of the 1999 Constitution (as amended) which provides that all revenues be channeled through the federation account.
“This is most unfair, viewed against the ceding of only three percent of previous years’ operating expenses to the Host Communities Development Trust Fund and the punitive provision to charge costs of any damage to facilities against the community’s Fund, among other obnoxious provisions.
“That Mr. President has gone ahead to give assent to these vexing provisions only reinforces the politics of exclusion and expropriation that has for long characterised the relationship between the Nigerian state and the oil producing communities.
“We are also concerned that the host communities’ component of the legislation flies in the face of one of its stated objectives to address tensions between host communities and companies as it has all the ingredients for escalating rather than abating such conflicts.
“At a time when fossil fuel investments are being deprioritised elsewhere as a result of the global energy transition, it is unfortunate that this Act failed to provide a bridge between the current era of fossil fuel dependency and the low-carbon energy future that Nigeria aspires to within the framework of government’s much vaunted commitments under the Paris Agreement.”
The statement also said: “Granted, the new legal framework introduces some predictability and clarity to the governance and fiscal arrangements in the oil and gas industry. We are also not oblivious to certain clauses that respond to some of our earlier demands, such as those providing that the Board of Trustees of the Host Communities Development Trust will now be determined in consultation with the host communities, with membership drawn from community members. But that is just as far as it goes.
“As a tool for improved benefit sharing to host communities, the Act falls flat on its face. It actually ridicules the exertions of the host communities and advocacy groups that have clamoured over the years for a law that yields some space for participation, direct socio-economic benefits and environmental remediation for oil-rich communities.
“The theatre of action will now have to move to the communities and the courts of law. As implementation of the Act gets underway over the next 12 months, we urge host communities and civil society groups to begin to seek interpretation of some of its more controversial provisions before the courts.”
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“Every community would say those who are going to break the pipelines are from your community. How much more ability do we have as traditional rulers? How much power do we think we have?
“Pass our message to the government. Tell them it is time to not only put it into law and give authority to the traditional rulers but it’s time to implement it because if you don’t implement it nothing will happen”.
Also speaking, the Coordinator, Supreme Council of Ogoni Traditional Rulers, King Samuel Nnee, said people of the host communities deserve better dividends from the resources on their soil.
He decried the notion that traditional rulers are usually aware of the activities of suspected vandals in communities, urging the government and security agencies to level up in ensuring peace in the host communities.
In his words, “It has not been easy with traditional rulers because in our respective communities when you have bad boys they say we are responsible. When government want to confront traditional rulers or the evil deeds of our people, they say traditional rulers know all the people that are bad without thinking that the children- most of them, who are well educated; deserve the good things of life which government has refused to provide for them. So I want to say that the government should help our communities”.
On the responsibility to protect the pipelines and other critical assets, the monarch said Niger Delta kings need improved empowerment from the government at all levels to better perform that responsibility.
“I want to call on the agencies of government to care for the kings because we mean well for them. We’ll join you in this battle but if we are hungry we might not be able to do it more effectively.
” I want to urge the companies and government that the kings of the Niger Delta need a push to work better and then government will make progress, ” he added.
Nnee who commended the PINL for the recognition of traditional institution in their operations further called on the monarchs in the Niger Delta step up their primary function of protecting lives and all critical assets in their domain.
Speaking on behalf of the youths, the spokesperson, Coalition of Niger Delta Ethnic Youth Leaders, Comrade Legborsi Yamaabana, said lauded PINL’s mode of operations particularly in the monthly engagement of communities and relevant stakeholders.
Yamaabana attributed the company’s successes to its people oriented strategies, urging the government to give the company more responsibility.
“You are aware that production has surged, it didn’t happen as a mere coincidence, it happened as a result of concerted effort.
” So because this company has done well thus far, we’ll be calling on the government to give PINL more responsibilities because they have performed so that we’ll continue to enjoy the environmental protection we now have, ” Yamaabana said.
Represented by Dr Patricia Ogbonnaya, King Anugwo appealed to the Federal Government to retain the services of PINL saying “We want to appeal to the Federal Government that if they want these areas to grow, don’t replace PINL with another company.
” We are calling on the Federal Government that you (PINL) has delivered on the job and so it’s only natural and moral that you give more to them so that they can render more services”.
Mezeh, said the program was focused on small business development, financial literacy, and skills training for women and girls in the host communities.
