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Another Look At The Nigerian Content Act

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The Nigerian Content Development Act was signed into law in
2010 to achieve the domestication of significant portion of derivatives of the
oil and gas industry by ensuring the development and deliberate use of
indigenous human and material resources in the industry in Nigeria. It is
targeted at the adding value to the nation’s economy through the systematic
development capacity and  capabilities by
using Nigerian human and material resources, and services in the industry.

The Act says Nigerian Independent Operators shall be given
first consideration in the award of oil blocks, oil licenses, oil lifting
licenses and all projects that have to do with oil blocks and oil licenses
particularly.

The intention of the Act therefore, is to build the Nigerian
Content by making it mandatory that some jobs in the industry are done in
country by Nigerians using Nigerian materials.

No doubt, the enactment of this Act ushered in a new era in
the oil and gas as prior to the Act, equipment used in the industry were
usually designed, fabricated and assembled abroad thus leading to capital
flight and export of jobs. There was a preponderance of expatriate workers
resulting to scarcity of jobs, paucity of skills  and capacity building and utilization of
Nigerian workforce, culminating to economic under-development in the country.

Agreed, the law gave local entrepreneurs like Niger Dock,
Ladol, Daewoo, Saipem, LoneStar, Adamac among others the confidence to venture
into areas that hitherto were the exclusive preserve of multinational
companies.

According to the Executive Secretary of the Nigerian Content
Development and Monitoring Board (NCDMB), Engr. Ernest Nwapa represented by
Wole Akinyosoye the Act has to say the least opened a floodgate of acativities
in the industry which has resulted to a surge in indigenous capacity in the
industry.

Be that as it may, there still exist some gray areas that
need to be given some consideration. In terms of giving priority to indigenous
operators which the Act talked about, it is not explicit on the process which
the preferential treatment should be done.

For instance, on the list of 2012 to 2013 Crude Oil Contract
Holders, most of the companies have links with foreign owners while in some
cases an holder will be replicated but with different names.

There is also institutional problem as Nigerian National
Petroleum Corporation (NNPC) dominates contract allotment. So how and where
does the NCDMB come in, in terms of giving contracts.

Another gray area in the Act is the downstream Sector which
is the major concern of his piece. The downstream sector is not covered. Dr.
Eddie Wikina, while presenting a paper on “Promoting the Nigerian Content
through Deregulation of the Downstream Sector” at the just concluded Port
Harcourt International Oil and Gas Conference in Port Harcourt, noted that the
Act was restrictive as it does not cover the downstream sector of the
industry   Dr. Wikina who is the managing
director of Treasure Energy Resource limited, a Rivers State Government oil and
gas firm, argued that in terms of Upstream business in the industry as touching
expatriate quota and using Nigerian materials, the Act has faired well but
nothing in the downstream.

The scope of the Act which is restricted to the upstream
sector, according to the oil and gas guru include services from within Nigeria,
goods manufactured in Nigeria, training and employment of Nigerians, location
of project office in catchment area or community, tax incentives for local
manufacturing, all fabrication and welding activities, insurance, legal and
financial activities.

He explained that
anybody who wants to build a downstream plant that is capable of employing up
to 5000 people in the country can do it with 100 per cent foreign labour,
foreign materials, foreign services and nobody will raise an eyebrow because
there is no law that says they must use Nigerian materials and services.

He pointed out that the downstream which has to do with
among others processing that convert oil nad gas into useful products including
distillation, cracking, reforming, blending,
storage, mixing and shipping has some regulatory control issues.

Some of the regulatory control issues, the TERL boss pointed
out were monopoly, closed market, price manipulation, lack of innovation,
investment block, value erosion, inefficient operations, foreign import
dependent, smuggling inter alia.

He therefore, recommended the review of the Act to
explicitly cover the downstream sector as this will open more opportunities for
participation of local indigenous operators and service providers thus leading
to growth of the Nigerian Content Development.

For instance, the coordinator of the 6th Nigerian Dredging
Summit, Exhibition and Award, Mr. Edmund Chilaka quoted NCDMB as saying that
$20billion oil and gas projects in the country were owned by foreigners and
noted that out of this whooping sum, only a paltry sum of less than $4 billion
was retained in Nigeria.

His words: “An estimate of over 150 times more jobs are
created in other countries than in Nigeria when Nigerian projects are being
executed.

“Ownership profile of marine assets supporting industry
activities has a current ratio of about 230 foreign owned vessels to a pitiable
20 Nigerian owned.”

Scenarios like the one painted above could be changed by
making the Act to cover the downstream as advocated by Dr. Wikina.

The TERL MD also recommended a full deregulation of the
downstream which would see government releasing the control on product prices.
He said it will open the market for more investors to come into the sector and
the emergence of more production facilities. Countries like Peru, Argentina,
Pakistan, Chile, Philippines, Thailand, Mexico, Canada, Venezuela, Japan,
United States of America (USA) among others have undergone complete
deregulation leading to a turn around of their economies. Government’s roles in
these countries have been drastically reduced thus giving greater freedom for
operators in the industry to operate and thrive which create room for healthy
competition and naturally drive down costs.

He enjoined government to completely end control on the
sector to allow independent operators to come in and money saved from subsidy
could be reinvested in local industries or used to support those ready to build
independent processing plants. And to a great extent add the much desired value
to the nation’s economy.

Federal Governments, he suggested should make funds
affordable by making investors in the industry have access to low interest rate
loans as this would serve as encouragement for them to venture into the
industry.

Commenting on the
difficulty of accessing funds by indigenous players in the industry, the
managing director of Harrybeath International Services Limited, Engr Agha Abani
said “You see the Nigerian government has good intentions to build capacity but
the problem most Nigerian companies have is in funding; we still have problems
of getting the required funding from the Banks. In the Western world, it is
much easier for them to finance this kind of projects but here in Nigeria it is
very difficult to get funding from the banks. So this is an area that has to be
looked at.”

 

Vivian-Peace Nwinaene

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Oil & Energy

FG Explains Sulphur Content Review In Diesel Production 

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The Federal Government has offered explanation with regard to recent changes to fuel sulphur content standards for diesel.
The Government said the change was part of a regional harmonisation effort, not a relaxation of regulations for local refineries.
The Chief Executive, Nigerian Midstream and Downstream Petroleum Regulatory Authority (NMDPRA), Farouk Ahmed, told newsmen that the move was only adhering to a 2020 decision by the Economic Community of West African States (ECOWAS) which mandated a gradual shift to cleaner fuels across the region.
Ahmed said the new limits comply with the decision by ECOWAS that mandated stricter fuel specifications, with enforcement starting in January 2021 for non-ECOWAS imports and January 2025 for ECOWAS refineries.
“We are merely implementing the ECOWAS decision adopted in 2020. So, a local refinery with a 650 ppm sulphur in its product is permissible and safe under the ECOWAS rule until January next year where a uniform standard would apply to both the locally refined and imported products outside West Africa”, Ahmed said.
He said importers were notified of the progressive reduction in allowable sulphur content, reaching 200 ppm this month from 300 ppm in February, well before the giant Dangote refinery began supplying diesel.
Recall that an S&P Global report, last week, noted a significant shift in the West African fuel market after Nigeria altered its maximum diesel sulphur content from 200 parts per million (ppm) to around 650 ppm, sparking concerns it might be lowering its standards to accommodate domestically produced diesel which exceeds the 200 ppm cap.
High sulphur content in fuels can damage engines and contribute to air pollution. Nevertheless, the ECOWAS rule currently allows locally produced fuel to have a higher sulphur content until January 2025.
At that point, a uniform standard of below 5 ppm will apply to both domestic refining and imports from outside West Africa.
Importers were previously permitted to bring in diesel with a sulphur content between 1,500 ppm and 3,000 ppm.
It would be noted that the shift to cleaner fuels aligns with global environmental efforts and ensures a level playing field for regional refiners.

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Oil & Energy

PHED Implements April 2024 Supplementary Order To MYTO

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The Port Harcourt Electricity Distribution (PHED) plc says it has commenced implementation of the April 2024 Supplementary Order to the MYTO in its franchise area while assuring customers of improved service delivery.
The Supplementary order, which took effect on April 3, 2024, emphasizes provisions of the MYTO applicable to customers on the Band A segment taking into consideration other favorable obligations by the service provider to Band A customers.
The Head, Corporate Communications of the company, Olubukola Ilvebare, revealed that under the new tariff regime, customers on Band A Feeders who typically receive a minimum supply of power for 20hours per day, would now be obliged to pay N225/kwh.
“According to the Order, this new tariff is modeled to cushion the effects of recent shifts in key economic indices such as inflation rates, foreign exchange rates, gas prices, as well as enable improved delivery of other responsibilities across the value chain which impact operational efficiencies and ability to reliably supply power to esteemed customers.
“PHED assures Band A customers of full compliance with the objectives of the new tariff order”, he stated.
Ilvebare also said the management team was committed to delivering of optimal and quality services in this cost reflective dispensation.
The PHED further informed its esteemed customers on the other service Bands of B, C D & E, that their tariff remains unchanged, adding that the recently implemented supplementary order was only APPLICABLE to customers on Band A Feeders.

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Oil & Energy

PH Refinery: NNPCL Signs Agreement For 100,000bpd-Capacity Facility Construction 

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The Nigerian National Petroleum Company Ltd (NNPCL) has announced the signing of an agreement with African Refinery for a share subscription agreement with Port-Harcourt Refinery.
The agreement would see the co-location of a 100,000bpd refinery within the Port-Harcourt Refinery complex.
This was disclosed in a press statement on the company’s official X handle detailing the nitty-gritty of the deal.
According to the NNPCL, the new refinery, when operational, would produce PMS, AGO, ATK, LPG for both the local and international markets.
It stated, “NNPC Limited’s moves to boost local refining capacity witnessed a boost today with the signing of share subscription agreement between NNPC Limited and African Refinery Port Harcourt Limited for the co-location of a 100,000bpd capacity refinery within the PHRC complex.
“The signing of the agreement is a significant step towards setting in motion the process of building a new refinery which, when fully operational, will supply PMS, AGO, ATK, LPG, and other petroleum products to the local and international markets and provide employment opportunities for Nigerians.

By: Lady Godknows Ogbulu

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