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PANDEF, NDD Reject 12 Provisions In PIB Insist On 10% OPEX For Trust Fund
The Pan-Niger Delta Forum (PANDEF) and the Niger Delta Dialogue (NDD) have rejected no fewer than 12 key provisions in the Petroleum Host and Impacted Communities Development Bill (PHICDB).
They warned that the key provisions in the bill must be redrafted, rephrased and restructured to accommodate the interests of the impoverished and neglected people of the oil and gas host and impacted communities in the Niger Delta, or the peace and appropriate development sought by the bill would elude both the region and the country as a whole.
The critical Niger Delta groups expressed their rejection of the vital provisions of the bill during the NDD’s Strategic Communication and Advocacy Training session for major stakeholders in PANDEF, NDD and the various Policy Advocacy Committees (PACs) in Port Harcourt, recently.
The Tide reports that the PHICDB, an integral part of the Petroleum Industry Bill (PIB) currently receiving legislative consideration at the two chambers of the National Assembly, “seeks to foster sustainable shared prosperity amongst host and impacted communities; provide direct social and economic benefits from petroleum operations to host and impacted communities; enhance peaceful and harmonious coexistence between settlers and host and impacted communities; as well as, create a framework to support host and impacted communities’ development” process.
The PIB, which has been sleeping in the drawers of the federal lawmakers for more than 18 years, is the oldest pieces of legislation yet to receive the majority consent of National Assembly members in Nigeria’s democratic history.
Among the provisions is the Interpretations Section, which they claim, was vague in the use of words and terms “host and impacted communities” to describe oil-bearing communities in the region, insisted that the lawmakers must clearly identify communities by the specific roles they play in the hydrocarbons production chain.
They “recommended that host communities should be clearly defined as villages where oil wells and flow stations are situated. Impacted communities should be defined as villages where oil installations such as pipelines run through as well as villages located within a three kilometer radius of those where oil wells and gas plants or flaring points are domiciled”, in the final bill to be passed.
The stakeholders condemned the observed silence of the bill on how the clusters should be formed and the trust fund shared, and recommended that clusters should be carved out on the basis of state Houses of Assembly constituencies for ease of coordination and mobilisation.
They also condemned the vague use of the term ‘Settlor(s)’ in Part 2, Section 2, Subsection 1 and 2 of the draft bill, and insisted that each International Oil Company (IOC) must be deemed as a Settlor(s) and have its own trust fund incorporated in the clusters to avoid confusion in funding and projects’ implementation.
The stakeholders wondered why “sabotage spill” was not clearly defined but its consequences were highlighted in the draft bill, and “recommended that there should be no clause compelling the Settlor(s) not to pay what is agreed until they stop operation by virtue of licence expiration or cessation of operational existence in the host and impacted communities”.
They further condemned the observed silence in the sharing formula of the accruing fund from the “Settlor(s)” between host and impacted communities, particularly given that there are more impacted than host communities in available oil industry records, and “recommended that a sharing formula of 70 per cent for host communities and 30 per cent for impacted communities” should be spelt out in the bill, when passed for the President’s assent.
The stakeholders also expressed worry that Part 3, Section 9, Subsection 1 and 2 of the draft bill rests the creation and determination of the membership of the Board of Trustees (BoTs) for the trust funds on the IOCs, warning that this may undermine the peace effort in the region, and further undercut the interests of oil-bearing communities.
They, therefore, “recommended that the BOTs should be a five-member body with a representative each from Host Communities, Impacted Communities, Federal Government, and two representatives for the Settlor(s). Each stakeholder should determine who their representatives will be. Representatives of Host, Impacted communities and the Settlor(s) must be indigenes of the cluster area.”
The PACs berated the Presidency for not giving details on the actual composition of the day-to-day management committees of the cluster trusts as enunciated in Section 14 of the proposed bill, and “recommended a nine-man committee with two representatives each nominated by Host and Impacted communities; three representatives of Settlor(s); and one representative each from state and federal governments, respectively”.
They condemned the provision of only 2.5 per cent of the actual operating expenditure (AOPEX), against 10 per cent in the previous bill submitted to the 8th NASS, for the smooth running of the recurrent and capital expenditures of the cluster trusts, and “recommended a minimum of 10 per cent of the operating expenditure (OPEX) to fund the cluster trusts and 5 per cent equity participation in the operations of the IOCs for both Host and Impacted communities”, in the final copy of the bill.
The stakeholders also picked holes in Section 11, which splits the utilization of the Endowment Fund to 70 per cent for capital expenditure; 20 per cent for the Reserve Fund; and 10 per cent for the Settlor(s) special projects, and “recommended that 75 per cent be reserved for capital expenditure; 20 per cent for the Reserve Fund; and 5 per cent for logistical and recurrent expenditures off the BoTs, management committees and the advisory committees”.
They expressed worry that the Presidency failed to specify how the operating expenditures of the Settlor(s) would be verified to ascertain the accruing funds to the cluster trusts, and “recommended that the OPEX, which is usually audited from the previous year’s spend, should be used to factor the accruing fund for the current year, e.g. AOPEX for Year A, audited in Year B, and used to calculate budget for Year C”.
The stakeholders blasted the Presidency for including in Section 22 that the Settlors’ OPEX paid into the trust fund shall be subject to Petroleum Income Tax (PIT) and Companies Income Tax (CIT) deductibles, and recommended that the Endowment Trust Fund should be excluded from any form of taxation, as the bill, in its original state would limit the amount of money available for development projects and programmes in the region.
The PACs queried Section 5 of the present bill, which does not give specific punishments for under-payment, late payment or non-payment of agreed money into the cluster trust fund as at when due, and recommended that failure by the Settlor(s) to pay the required percentage of the OPEX by first day of the year, should attract immediate suspension of operating licence; failure to do so by first day of second month should attract immediate withdrawal of operating licence; while before a Settlor gets another approval to operate in the same Oil Mining Lease (OML) or Oil Prospecting Licence (OPL), two per cent of the entire money owed the cluster trust fund must be paid as penalty in addition to the full payment of the entire balance in outstanding debt to the cluster communities.
The stakeholders lamented the lack of sufficient clarity on timeframes for incorporation of cluster trusts for Host and Impacted communities and the failure to stipulate penalties for reneging on implementation of agreed projects and programmes by the Settlor(s) as contained in Section 3 of the bill before the NASS, and recommended that deadlines be specified for the incorporation of cluster trust funds and inauguration of management committees and BoTs, just as the bill must specify duration not exceeding 24 months before the completion and commissioning of physical infrastructure projects in the affected communities, and six months for execution of human capacity development programmes such as economic empowerment schemes, scholarship initiatives, skills acquisition and entrepreneurship opportunities, among others.
All the parties warned that failure to accommodate the recommendations of the PACs in the bill, which the NASS has promised to pass into law by February, 2021, would be devastating for the people, and may trigger another round of tension and agitations in the region.
By: Susan Serekara-Nwikhana
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Rivers: Impeachment Moves Against Fubara, Deputy Hits Rock …As CJ Declines Setting Up Panel
The impeachment moves against Rivers State Governor, Sir Siminialayi Fubara, and his deputy, Prof. Ngozi Ordu, by the Rivers State House of Assembly has suffered a setback following the refusal by the State Chief Judge, Hon. Justice Simeon C. Amadi, to set up a seven-man investigate panel to probe the governor and his deputy.
Justice Amadi hinged his decision on subsisting interim court injunctions and pending appeals.
Recall that the Assembly members had earlier requested the Chief Judge to set up a seven-man investigative panel to probe allegations of gross misconduct against Fubara and his deputy.
In a letter dated January 20, 2026, and addressed to the Speaker of the Rivers State House of Assembly, Rt. Hon Martins Amaewhule, the Chief Judge acknowledged receipt of two separate letters from the Assembly, both dated January 16, 2026, requesting the constitution of an investigative panel pursuant to Section 188(5) of the 1999 Constitution of the Federal Republic of Nigeria (as amended).
However, the State Chief Judge explained that his hands were tied by ongoing judicial proceedings directly connected to the impeachment process.
He disclosed that his office had been served with interim injunctions issued on January 16, 2026, arising from two separate suits challenging the actions of the House of Assembly.
The suits include Suit No. OYHC/6/CS/2026, filed by the Deputy Governor against the Speaker and 32 others, and Suit No. OYHC/7/CS/2026, instituted by Governor Fubara against the Speaker and 32 others.
According to him, the interim injunctions expressly restrain him from “receiving, forwarding, considering and or howsoever acting on any request, resolution, articles of impeachment or other documents or communication from the 1st -27th and 31st Defendants for the purpose of constituting a panel to investigate the purported allegations of misconduct against the Claimant/Applicant for seven days.”
Justice Amadi stressed that obedience to court orders is non-negotiable in a constitutional democracy, regardless of personal opinions about such orders.
“Constitutionalism and the Rule of Law are the bedrock of democracy and all persons and authorities are expected to obey subsisting orders of court of competent jurisdiction, irrespective of perception of its regularity or otherwise,” he stated.
To further underscore his position, the Chief Judge cited judicial precedent, referring to the case of Hon. Dele Abiodun v. The Hon. Chief Judge of Kwara State & 3 Ors. (2007), in which the Chief Judge of Kwara State was faulted for proceeding to constitute a panel despite a subsisting court order restraining such action.
Quoting directly from the judgment, Justice Amadi recalled: “I liken the scenario created by the Chief Judge to the position of a chief priest and custodian of an oracle turning round to desecrate the oracle,” a passage he said highlights the sacred duty of judicial officers to uphold the law.
He added that the judiciary, as “the custodian and head of the judicial arm of the State, ought to abide by the laws of the State, nay the land…”
He further noted that the Rivers State House of Assembly had already filed appeals against the interim injunctions at the Court of Appeal, Port Harcourt Division, with notices of appeal served on January 19 and 20, 2026.
“In view of the foregoing, my hand is fettered, as there are subsisting interim orders of injunction and appeal against the said orders.
“I am therefore legally disabled at this point, from exercising my duties under Section 188(5) of the Constitution in the instant,” the Chief Judge declared.
He concluded by expressing hope that “the Rt. Hon. Speaker and the Honourable Members of the Rivers State House of Assembly will be magnanimous enough to appreciate the legal position of the matter.
President Bola Tinubu yesterday celebrated the Nigerian Exchange Group’s breakthrough into the N100tn market capitalisation threshold, saying Nigeria has moved from an ignored frontier market to a compelling investment destination.
Tinubu, in a statement signed by his Special Adviser on Information and Strategy, Bayo Onanuga, urged Nigerians to increase their investments in the domestic economy, expressing confidence that 2026 would deliver stronger returns as ongoing reforms take firmer root.
He noted that the NGX closed 2025 with a 51.19 per cent return, outperforming global indices such as the S&P 500 and FTSE 100, as well as several BRICS+ emerging markets, after recording 37.65 per cent in 2024.
“With the Nigerian Exchange crossing the historic N100tn market capitalisation mark, the country is witnessing the birth of a new economic reality and rejuvenation,” Tinubu said.
He attributed the stellar performance to Nigerian companies proving they can deliver strong investment returns across all sectors, from blue-chip industrials localising supply chains to banks demonstrating technological innovation.
The President added, “Year-to-date returns have significantly outpaced the S&P 500, the FTSE 100, and even many of our emerging-market peers in the BRICS+ group. Nigeria is no longer a frontier market to be ignored—it is now a compelling destination where value is being discovered.”
Tinubu disclosed that more indigenous energy firms, technology companies, telecoms operators and infrastructure firms are preparing to list on the exchange, a move he said would deepen market capitalisation and broaden economic participation.
He also cited what he described as a sustained decline in inflation over eight months—from 34.8 per cent in December 2024 to 14.45 per cent in November 2025—projecting that the rate would fall below 10 per cent before the end of 2026.
“Indeed, inflation is likely to fall below 10 per cent before the end of this year, leading to improved living standards and accelerated GDP growth. The year 2026 promises to be an epochal year for delivering prosperity to all Nigerians,” he said.
The President attributed the trend to monetary tightening, elimination of Ways and Means financing, and agricultural investments, which he said helped stabilise the naira and ease post-reform pressures.
Nigeria’s current account surplus reached $16bn in 2024, with the Central Bank projecting $18.81bn in 2026, reflecting a trade pattern shift toward exporting more and importing less locally-producible goods.
Non-oil exports jumped 48 per cent to N9.2tn by the third quarter of 2025, with African exports nearly doubling to N4.9tn. Manufacturing exports grew 67 per cent year-on-year in the second quarter.
Foreign reserves have crossed $45bn and are expected to breach $50 billion in the first quarter, giving the CBN ammunition to maintain currency stability and end the volatility that previously fuelled speculation, according to the President.
Tinubu also highlighted infrastructure expansion in rail networks, arterial roads, port revitalisation, and the Lagos-Calabar and Sokoto-Badagry superhighways, alongside improvements in healthcare facilities that are reducing medical tourism costs, and increased university research grants funded through the Nigeria Education Loan Fund.
“Our medicare facilities are improving, and medical tourism costs are declining. Our students benefit from the Nigeria Education Loan Fund, and universities are receiving increased research grants,” he said.
He described nation-building as a process requiring hard work, sacrifices, and citizen focus, pledging to continue working to build an egalitarian, transparent, and high-growth economy catalysed by historic tax and fiscal reforms that came into full implementation from January 1.
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RSG Kicks Off Armed Forces Remembrance Day ‘Morrow …Restates Commitment Towards Veterans’ Welfare
The Rivers State Government has reiterated its commitment towards the welfare of veterans, serving officers and widows of fallen officers in the State.
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?The Secretary to the Rivers State Government, Dr. Benibo Anabraba, in a statement by ?Head, Information and Public Relations Unit, SSG’s ?Office, ?Juliana Masi, stated this during the Central Planning meeting of the 2026 Armed Forces Remembrance Day in Port Harcourt, yesterday.
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?Anabraba thanked the Committee for their contributions to the success of the Emblem Appeal Fund Ceremony recently held in the State and called on them to double their efforts so that the State can record resounding success in the remaining activities.
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?According to him, the remembrance day events will begin with Jumaàt Prayers on Friday, 9th January at the Rivers State Central Mosque, Port Harcourt Township, while a Humanitarian Outreach/Family and Community Day will be hosted on Saturday, 10th January, by the wife of the governor, Lady Valerie Siminalayi Fubara, for widows and veterans.
?”On Sunday, 11th January, an Interdenominational Church Thanksgiving Service will hold at St. Cyprian Anglican Church, Port Harcourt Township while the Grand-finale Wreath- Laying Ceremony will hold on Thursday, 15th January at the Isaac Boro Park Cenotaph, Port Harcourt”, he said.
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?The SSG noted that one of the highlights of the events is the laying of wreaths by Governor Siminalayi Fubara and Heads of the Security Agencies.
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