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Reviewing Nigerian Content Policy 

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The local content policy came into effect in Nigeria with the signing into law, on April 22, 2010, of the  Nigerian Oil and Gas Industry Content Development (NOGICD) Act to enable greater, indigenous contributions in the Nigerian oil and gas industry, and thus boost national benefits from that sector of the economy. Perceived foreign dominance and dependency in the sector prompted agitations by Nigerians who claimed that greater local participation in the petroleum industry business would trap financial benefits homeward, as well as create industrial capacity-building for wider developments. The argument was strong, with less than 5 per cent in-country service contribution to the petroleum industry businesses as at 1990, with claim that Nigeria was experiencing capital flights to the tune of over $380 billion, coupled with an estimated loss of over two million jobs to countries where services were out-sourced. In 1990, as if to kick-start a response to these agitations, the then Minister of Petroleum Resources, Prof. Jibril Aminu, enabled the first award of oil blocks to 11 Nigerian companies. Prof Aminu was obviously convinced that Nigerians having worked for decades under the tutelage of International oil companies (IOCs), had acquired enough requisite experience and skills to run indigenous outfits.
Though that decision created some portfolio companies, it gave birth to indigenous companies like Atlas Petroleum and Cavendish Petroleum, who nurtured their Oil Prospecting Leases to points where they now operate Oil Mining Leases. Later awards and acquisitions from 1999 saw new generations of indigenous oil companies like Famfa Oil Ltd, Seplat Petroleum, Oando Energy Resources, Monipulo Energy, Emerald Energy Resources, Belema Oil, Sahara Energy Exploration, and so many others, becoming players in the oil and gas fields. As at year ending 2012, a  total number of 109 Oil Mining Licenses (OMLs) and 92 Oil Prospecting Licenses (OPLs) had been granted indigenous operators. While these oil blocks are marginal fields, the figures represented just 11 per cent of the total leases with about 88 per cent still operated by the IOCs. To also empower local capacity in the oil services sector which is dominated by multinationals like Schlumberger, Haliburton and Baker Hughes, the federal government in 2003 enacted the Coastal and Inland Shipping (Cabotage) Act. The act, in principle, restricted the use of foreign vessels in domestic, coastal services and was aimed at promoting the development of indigenous vessel services along and within the Nigerian coastal channels.
The climax so far in the litany of reforms came last year with the signing of the Petroleum Industry Act (PIA). But, of all the introduced acts the NOGICD, signed in 2010, promised to be more far reaching and for the grass-roots, in terms of skills development, jobs creation and business capacity building.13 years after signing the NOGICD Act in furtherance of previous initiatives to protect ‘national interests’, how has the industry fared? How do we compare the economy, skills acquisition, remunerations for the few jobs still available, working conditions, job security, environmental standards and safety, as well as the general security? The current poor oil production data compared with previous records, and the ominous invest decisions by IOCs that resulted in divestments from almost all onshore assets, are clear testimonies of an industry in retrogression. The federal government should be more circumspect in drafting policies in ways that do not draw bad sentiments and backlashes from international partners. One wonders why the current economic malaise and rapidly depreciating naira should mirrow those of the 1970s. Prior to 1972 when the federal government signed the Nigerian Enterprises Promotion Decree (NEPD) a.k.a Indigenisation Decree, the US Dollar paired 1:1 with the Naira.
In less than a decade after NEPD, the Naira crashed to between N99 – N105 per Dollar. A flip to the present times shows that, while in 2010 when the NOGICD act was signed with similar ‘indigenisation’ reforms that culminated in the PIA of 2022, the Naira was N122.26 per Dollar, but has crashed to more than N1,000 per Dollar. A look at Nigeria’s oil production landscape might help our reflections. Of the 2.48 million barrels per day (mbpd) produced in 2012 during the years of high oil production records, 900,800 barrels per day (bpd) came from offshore, deepwater  productions, representing 36.32 per cent of total production, while 1.5 mbpd came from the onshore and shallower water terrains. Of that 1.5 mbpd, local companies contributed only 276,000 bpd. It is obvious that the bulk of Nigeria’s oil production comes from onshore platforms, yet these are where the IOCs have divested from, and wherein local operators are supposedly waxing strong. What changed in the operations climate and why have production records not been sustained? While the production capacities of indigenous operators looked hopeful as at 2012, the expected revolution has not materialised to at least sustain the 2.48 mbpd of 2012. Meanwhile offshore production remains progressive.
Despite total production records dropping progressively to as low as 800,000 bpd last year, the Nigerian Content Development and Monitoring Board (NCDMB), claims Nigeria has attained 42 per cent total Nigeria content in the oil and gas industry with a 70 per cent target by 2027. Oil production is currently at 1.2 million barrels per day, a far cry from the 2.48 mbpd records of 2012, and Nigerians have lost jobs beyond 2010 levels even with rising population of youths. Apart from NCDMB’s Nigerian Content Development Fund assistance to part-finance onshore Floating Production Storage Offloading (FPSO) vessel integration facility, at the Lagos Deep Offshore Logistics Base (LADOL) which contributed to the EGINA FPSO construction, and the magnificent headquarters it built for itself at Yenagoa, Bayelsa State, the NCDMB has not initiated much transformations within the Niger Delta apart from a couple of training workshops and seminars. The NCDMB should roll out ambitious skills development programmes to create capacities that empower indigenous industries to create innovations and jobs. It should also investigate why the expected revolutions in the oil and gas industry which was to overspill into other industries, has not yet materialised, and instead there is retrogression occasioned by low oil production and job losses. The Trans-Amadi Industrial Layout, a former bee-hive of oil and gas activities, has become a ghost layout.
While the initiatives to enable indigenous participation in the oil and gas industry is in the right direction, the environment should be made conducive for technologically advanced IOCs to operate as skills reference peers who create hard and soft skills transfer. The successes of Asian nations were attained by giving international technologies free hand to employ local labour and resources to make profits, while developing the nations in the process. The capacity to ensure security of personnel, production facilities and products, as well as the ethical skills strength to maintain transparent, accurate  records, should be  NCDMB’s focus as an aspect of content input to reverse the onshore losses, rather than eulogising itself in a time the entire economy is drowning due to unpresidented levels of corruption within its area of supervision. The wings of the NCDMB appears clipped however in the new PIA, which makes the minister of state for petroleum head of board, the latter being a direct errand boy to Nigerian presidents who have become penchant for doubling as petroleum ministers. For former President Muhammadu Buhari and his minister of state to have handled that portfolio amidst eight straight years of poor performance without a solution, is enough reason for introspection.

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 Nigeria’s ‘Charge And Bail’ Syndrome And Justice 

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With the eventual release of 67 under-aged minors detained for involvement in #EndBadGovernance protests in August, the dust of the entire episode appears to have settled without lessons to improve our justice system’s administration. Between July 31 and August 11, 2024, #EndBadGovernance protests rocked through most states across Nigeria. The protests boiled more in the Northern states where the media carried scenes of arsonists burning down and looting public and private establishments. The protests took threatening dimensions when authorities alleged sighting foreign mercenaries amidst protesters who were raising Russian flags and calling on Russia to intervene in Nigeria’s internal affairs. The police subsequently swooped on protesters, encycling among them about 67 minors. Those caught were taken to the federal capital territory, Abuja, and dumped in detention cells.
Protests having been successfully quelled, Nigerians returned to their daily life hustles, while the minors with their adult suspects languished outside public consciousness. It took the coincidental sojourn in police custody, of one Martins Otse aka VeryDarkMan, for public awareness to be redrawn to a forgotten episode. VeryDarkMan had himself got entangled in police nets for posing in police attires allegedly without authorisation, hence his arrest and detention. But VeryDarkMan’s predicaments turned out to be the very channel through which the incarceration of vulnerable kids by state actors, caught the attention of a curious social media activist. As typical of VDM, sooner had he got freed than he released tales that exposed the ugly conditions of kids he met while in police custody. By then the kids had languished for no less than 90 days without arraignments. Most of them having been ferried from as far as Kano, and away from family supports, had starved immensely with pitiable signs of deteriorating health.
In the face of the exposé, police authority swinged into a flurry of actions that within hours, saw all protest detainees arraigned before a court wherein they were committed to prison on stringent bail conditions. Apparently, VDM’s exposé helped the police suddenly crack difficult nuts and untie knots they could not achieve for over 90 days. And quite surprisingly, lingering investigations got concluded within hours while charge sheets got ready for the courts. Was the police in a hurry to extricate itself from an already ugly situation? Even for treasonable offences, the delay in prosecution and the silent manner in which the suspects were incarcerated speak volumes about the inhumane nature of our law enforcement systems, and highlights the nature of maltreatments many other suspects have had to undergo contrary to the primordial principles laid down for the protection of human rights and dignity, even in custody.
That kids protesting against hunger were rounded up and set to languish in hunger for three months, should be deplorable enough to engender empathy. Yet notwithstanding the pitiable conditions in which the fragile kids appeared in court, the presiding judge ruled that, “The defendants are granted bail in the sum of N10 million each, with two sureties in like sum. One of them must be a Level 15 civil servant, and the other a parent of the defendant.” Such indifference smacks of our justice system’s high-handedness and its deposition to using a sledge hammer to punish an errant fly. Whereas, government should lead in the protection of the most vulnerable in society against any form of physical and emotional trauma, ours has become wanting in that regard. It was therefore no great surprise when public outbursts greeted both the exposure of the incarceration and the eventual terms in which the kids were sent to prison.
Many civil society organisations, human rights activists, former presidential candidates, and many others, expressed anger on discovering the inhumane treatment, prompting the Attorney-General of the Federation (AGF) to immediately take over the case files. But with a presidential intervention that finally ordered all charges dropped and all detainees released, it appears to be another closed cycle. However, some Nigerians are calling for sanctions against the Inspector-General of Police, the trial judge and the AGF for allowing such incarcerations against under-aged persons, while others complain that our justice system’s ‘charge and bail’ syndrome does not allow full dissecting of public issues to beneficial conclusions. Some question that, even as Nigeria Police Force Public Relations Officer, Muyiwa Adejobi, insists that children above the age of seven can be charged to court, does Nigeria’s Child Rights Act stipulate that offending kids should be remanded among hardened adult criminals, rather than with trusted guardians?
Does the raising of foreign flags even during protests constitute treason? And for how long should suspects be in police cells before arraignments? On the flip side, the raising of Russian flags might genuinely be worrisome considering the spate of military expeditions across Nigeria’s neighbours in the Sahel, where with alleged Russian backings, military juntas have over-thrown governments and severed Western alliances in favour of Russia.  Allowing unbiased investigations into the motives behind the alleged call on Russia to intervene in Nigeria’s internal affairs coupled with the raising of flags during the protests, should have revealed any broader implications. This becomes more pertinent in the face of on-going rumours about coup plots. If our law and justice establishments had been more forthright, all suspects should have been profiled within the stipulations of legal frameworks that ensure humane handling, and the protection of our national integrity.
The outcomes of diligent prosecutions should also have availed Nigerians who supported the protests solely for the genuine purpose of ensuring good governance, the opportunity of knowing if truly the protest was hijacked, how and by whom. In Nigeria, hundreds of arrests go on daily but end up without insightful closures, in a common phenomenon referred locally, as ‘charge and bail.’ Some cases stall due to the frivolity of their origins, and some due to bribery, sheer frustration or politics. While submitting that the trauma of the incarcerated kids should not be swept under the carpets without some consolations, there is need for sanctions against their incarcerators. However, President Tinubu’s order that discharged in one swing, both adult suspects and the maltreated kids, whether out of political calculations having achieved an aim of silencing a protest, or to enable justice, has just repeated an over-beaten cycle – our penchant for ‘charge and bail.

Joseph Nwankwor

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Opinion

Judicial Manipulation: Threat To Democracy

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The judiciary in Nigeria is one of the three arms of the Federal Government. It is represented by the courts, including the Supreme Court, Court of Appeal, Federal High Court, High Court of States and FCT, Sharia Court of Appeal of States and FCT, Customary Court of Appeal of States, and other courts authorised by law. The judiciary is responsible for interpreting the law and upholding the rule of law. The strenght and muscle of the judiciary at upholding the rule of law, is predicated on its independence of existence and function from other arms of government. Thus, the independence of the judiciary is guaranteed by the 1999 Constitution of the Federal Republic of Nigeria,  to ensure that judicial officers are free from outside pressure or influence as is visible in some political interferences  in the exercise of their judicial functions.
This makes the judiciary  an essential institution in any democratic political setting. But can the judiciary ever be said to be absolutely independent when the appointment and dismissal of  its key officers for example  judges, solely  rest on the executives and the security of tenure and remuneration of the former, are strictly  determined by the latter?
This singular relationship has not made it easier for the judiciary to actually maintain its neutrality and dispense judgment without fear or favour. From all indications, Judicial manipulation which  refers to the improper influence or control of the judicial process by individuals or groups outside of the judiciary, is becoming a growing concern across the globe,  including Nigeria. This can take many forms, such as bribery, coercion, and political pressure. The consequences of it  are severe and far-reaching as it not only  undermines the integrity of the legal system, but also  erodes public trust in the judiciary, and denies justice to individuals and communities. In Nigeria, the judiciary has faced numerous challenges in recent years, including political interference, corruption, and lack of resources. Judicial manipulation is often associated with authoritarian or dictatorial regimes, where the rule of law is not respected, and the judiciary is not independent. However, it can also occur in democratic societies, where the judiciary is subject to political pressure and other forms of influence. One of the most significant forms of judicial manipulation is the use of political pressure to influence judicial decisions. This can take many forms, including the use of political rhetoric to sway public opinion and the application of political pressure on judges to rule in a particular way.
Another form of judicial manipulation is the use of bribery and other forms of corruption to influence judicial decisions. This can include the payment of bribes to judges or other court officials, as well as the offer of other forms of inducement, such as lucrative business deals or other benefits. Judicial manipulation can also take the form of coercion, where judges are threatened or intimidated into ruling in a particular way. This can include the use of physical violence, as well as other forms of harassment or intimidation. However, it can also occur in democratic societies, where the judiciary is subject to political pressure and other forms of influence. As I read about the recent developments in Rivers State, I could not help but wonder if the judiciary is being manipulated for political gain. Former Vice President, Atiku Abubakar, has raised some serious concerns that warrant attention.
Atiku has warned the judiciary to avoid actions that could lead to unrest in Rivers State, particularly in response to the Federal High Court’s decision to suspend all financial transactions with Rivers State. He suspects that certain groups associated with the Federal Government are influencing judicial decisions behind the scenes. I share his concerns about the rationale behind Justice Joyce Abdulmalik’s order, especially since Rivers State has already appealed the prior Court of Appeal ruling regarding the legality of its 2024 budget. Atiku  pointed out that the Court of Appeal’s  decision deemed the Rivers State budget illegal due to its passage by an incomplete assembly, instructing Governor Siminalayi Fubara to reintroduce the budget for approval. Despite the Rivers State Government’s notice of appeal to the Supreme Court, it is insinuated that elements within Bola Tinubu’s administration are allegedly seeking a judgment that undermines the Supreme Court’s authority.
This, according to Atiku, is unacceptable and has the potential to erode trust in our judicial system. Furthermore, legal expert Femi Falana (SAN) had warned about potential judicial manipulation, citing instances of gifts being presented to judges in Abuja. It is alarming that these warnings went unheeded, and I join Atiku in demanding answers. The judiciary must maintain its independence and impartiality to ensure justice is served.I urge the judiciary to take Atiku’s warnings seriously and ensure that their decisions are guided by the law, not political influence. The people of Rivers State deserve a fair and just resolution to this matter. However, despite these challenges, the judiciary remains a vital institution in Nigeria’s democracy, and its independence must be protected at all costs. To prevent judicial manipulation, it is essential to ensure the independence of the judiciary and the integrity of the legal system. This can include measures such as the establishment of an independent judiciary, the protection of judges from political pressure and other forms of influence, and ensuring transparency and accountability in the legal system.
Additionally, promoting a culture of respect for the rule of law and the judiciary, and educating the public about the importance of an independent judiciary and the dangers of judicial manipulation, are crucial steps in preventing judicial manipulation. The Nigerian government must take concrete steps to address the challenges facing the judiciary and ensure its independence. This includes providing adequate resources, protecting judges from political interference, and promoting transparency and accountability in the legal system. Furthermore, civil society organisations and the media have a critical role to play in promoting judicial independence and exposing instances of judicial manipulation.  Judicial manipulation is a serious threat to democracy and the rule of law in Nigeria. It is essential that we take steps to prevent it and ensure that the judiciary is able to function independently and impartially. The future of Nigeria’s democracy depends on it.

Sylvia ThankGod-Amadi

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Opinion

Balancing Work And Life

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Work-life balance is typically the amount of time you spend doing your job versus the amount of time you spend doing what is important to you outside of work, whether that is with loved ones or pursuing personal interests and hobbies. When work demands more of your time or attention, you will have less time to handle your other responsibilities or passions. Truly, many people want to achieve a greater balance between their work and their personal life, but in practice, it can be difficult to achieve, sometimes a demanding job means more money to support a family. Sometimes, a job contributes to deteriorating your mental health, which then leaves you drained in personal relationships. But work and life integration or the synergistic blending of our personal and professional responsibilities has become an increasingly popular concept. Work is simply one aspect of our lives that needs to be considered alongside other  home and family lives, our community and our personal well-being, rather resembling a scale with two computing sides.
The importance of work-life balance can never be over-emphasised.  Improving your work-life balance can improve your overall well-being including your physical, emotional and mental health.  Studies have found out that working long hours can lead to such serious health issues as “impaired sleep, depression, heavy drinking, diabetes, impaired memory, and heart disease. Unfortunately, as these conditions arise, they can also exacerbate our work-life issues, leading to burnout and other negative repercussions. Ordinarily, the unique nature of each of our lives and our fluctuating responsibilities mean that work-life balance and work-life integration look different for everyone. It is a constant negotiation about, how and where you spend your time. In striving for greater work-life balance, you get to determine your priorities, whether they are related to your work or personal life.
Different workers or employees have different schedules to take care of their responsibilities. For instance, a stay-at- home parent who tackles work assignment while her newborn is napping. You can also look at a student who prioritises spending time with friends rather than rushing to study for an upcoming midterm exam.  An employee who crafts his schedules to work specific days so that she can take care of her elderly parents. Notably, an employee has more advantages when it comes to work-life balance. One of those is increased production.   When you are able to take a step back from work and recharge, it is amazing how much more productive you can be when you return to your tasks. Studies have shown that employees who have a better work-life balance are more productive, creative, and motivated.
One study found that employees who have great balance of work and personal lives are more productive by as much as 30per cent. Being able to disconnect from work and focus on other things, whether it is spending time with family, pursuing a hobby or simple relaxing, can help you come back to your work with renewed energy and focus.  When you are feeling more balanced you are less likely to burnout, which can lead to a decrease in productivity and even health issues. Additionally, better work-life balance leads to improved health of a person.  When you are constantly working, it can be easy to neglect your health. But maintaining a good work-life balance can have a positive impact on your physical and mental well-being. Study by the American Psychological Association reveal that people who maintain a good balance of work , as well as personal life are more likely to report good health and less likely to report poor health.
When  you are able to focus on other things, like exercise, healthy eating, and getting enough sleep in addition to having a better balance will reduce stress. When you are working long hours, it can be easy to neglect your relationships. But maintaining a good work-life balance will have a positive impact on your personal relationships. When you can disconnect from work, you can focus on other things, like spending time with friends and family, pursuing hobbies , and building new relationships. Furthermore, having a better balance can reduce stress which can lead to better communication and understanding in your relationship. When you are feeling good in your personal relationships, you are better able to handle the demands of your job, which in turn can lead to better performance and more job satisfaction.  A good work-life balance can lead to happier and more fulfilling life overall.
If you just focus on getting things done without proper planning, it can be easy to neglect your overall career development. But if you maintain a healthy work-life balance, it can have a positive impact on your career opportunities. Employees who have a good balance of work time and personal lives are more likely to be promoted and have better job satisfaction. By disconnecting from work, you will be able to focus on other things like learning new skills, networking and exploring new career opportunities. Additionally, when you can disconnect from work, you are able to enjoy your personal life and recharge your batteries , which in turn, helps you stay engaged and motivated at work. Work-life balance also has its negative impacts on the employee. It may be difficult to meet up work demand. It is not always easy to find a balance between work and personal time, especially when you have a demanding job or tight deadline. Maintaining a good work-life balance can be difficult and it is common to feel like you are not doing enough in either area.
In fact, employees who are struggling to balance work and personal life are more likely to experience stress and burnout. When you are trying to balance work and personal life, you may find yourself feeling pulled in different directions. It can be hard to focus on when you are thinking about personal obligation and it can be hard to enjoy your personal life when you are thinking about work. Furthermore, when you are trying to find the perfect balance between work and personal life, you may feel like you are not able to give your full attention to either area. This can lead to feelings like guilt or dissatisfaction with your job or personal life. It is important to remember that finding a balance between work and personal life is a work in progress, and it will require constant adjustments and flexibility. It is also important to be realistic and set boundaries for yourself to communicate them with your personal life.
When you are focused on maintaining a good work-life balance, you may end up sacrificing financial opportunities. For instance, you may turn down a promotion or a rise because it will require more time away from your personal life. Or you may take a leave of absence from your job, which can lead to a loss of income. Employees who take time off for personal or family reasons often experience a loss of income. They also may have difficulty getting back into the work force, which can lead to long term financial consequences. Furthermore, employees who are constantly working overtime or taking on additional responsibilities may be eligible for extra pay or bonuses, but if you are trying to maintain a good balance, you may end up missing out on those opportunities. It is important to remember that balancing work and personal life is not just about time but also about financial opportunities and stability.
Finding a balance will require careful consideration of both your personal and financial goals and communicating with your employer about expectations and limitations to ensure that you are able to meet your financial needs without sacrificing your life. Prioritisation is very important.  Considering which one is more important than the other.  When trying to balance your work and personal life, you may find it difficult to prioritise what is important. According to a survey conducted by the American Psychological Association, 60per cent of adults said that work is a significant source of stress in their lives. This stress can be compounded when you are trying a balance competing demands on your time and attention. Remember, that finding a balance does not mean that you have to divide your time equally between work and personal life. Instead, it is about determining what is most important to you and making sure that you are allocating your time and resources accordingly.
Robinson is a student of Pan African Institute of Management and Technology, Port Harcourt.

By: Happiness Nkiruka Robinson

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