Almost five years since it was drafted, the
Nigeria Petroleum Industry Bill (PIB) is yet to become a law. The bill which
was the brainchild of the Oil and Gas Sector Implementation Committee (OGIC)
set up by former President Olusegun Obasanjo in 2002, was first drafted by the
same committee later reconstituted in 2007 by late President Umaru Musa
Yar’adua to review the OGIC report and come up with a workable document. It was
this effort that later translated into the formulation of the Petroleum Industry Bill (PIB), which was
expediently endorsed by the Federal Executive Council and subsequently sent to
the National Assembly in August 2007 for their consideration and enactment into
law.
Enactment of a new legal framework in the
nation’s oil and gas sector was informed by government’s realisation of the
huge losses accrued to the nation as a result of the loopholes in the existing
legal framework governing the sector, which favours the oil companies more than
the nation; the need to
transform the Nigerian National Petroleum Corporation (NNPC) from a huge shapeless
cost centre with conflicting roles in policy, regulation, and commercial
operations into a full-fledged international, integrated commercial oil and gas
corporation driven by revenue generation and profit objectives; as
well as the need for a holistic review of the governing structure of the entire
sector to make it truly serve the interest of the people. Moreover, in contrast
to existing global trend in the oil sector, Nigeria’s fiscal terms are
currently lenient compared to its peers, particularly countries like Libya
which has 93% government take and UAE which is on an average of 94%, while Nigerian
government share is much lower. Even under the proposed PIB, the government
will only be raking an average of 73% to 82%, which is still lower than what is
obtained in other countries of similar geological features.
As crucial as the bill is to the nation, which is
envisaged to restructure the sector that provides more than 75% of the nation’s
revenue, five years after it was drafted, the bill is still before the National
Assembly and probably awaiting its third reading when the Senate resumes from
its recess in September. The snail-pace and seeming reluctance in passing the
bill may not be unconnected with the nefarious interests of the world oil
giants operating in Nigeria, who realised that the new bill if passed would not
favour them, and therefore prefer to maintain the status quo that has been in
operation since the 1970s, and which gives them an upper hand in the industry.
Contrary to the existing fiscal system governing
the nation’s oil sector, the proposed Petroleum Industry Bill introduces a
number of changes, which includes the creation of the Nigerian Hydrocarbon Tax
(NHT) that provides for a higher government take for offshore fields and a
marginal higher take for onshore and shallow waters. The PIB also introduces a
new land management system with stringent handover guidelines that would
provide a platform for new local and foreign investors, to enlist and
contribute to the growth of the industry. This simply means that companies
currently operating in the country would be required to give back certain
fields from existing oil prospecting licenses and oil mining leases, where
production activities are yet to commence or which the companies are keeping to
be developed in the near future to new investors in order to boost
productivity.
Ultimately, the bill seeks to address the
flagrant corruption in the oil and gas sector and ensure that Nigeria derives
maximum benefit across oil and gas value chain by providing a level playing
field for wider participation of stakeholders and entrenching transparency. In
a nutshell, the new bill aims at reforming the country’s oil and gas sector by
ensuring higher and more equitable gain for the country from its abundant oil
resources, break the monopoly of a few multinational oil giants and provide
opportunity for new investors as well as check the alarming level of corruption
in the sector.
Naturally, the multinational oil barons, long
accustomed with the lucrative ways of doing business in Nigeria would not be
comfortable with the new law. Thus, the firm resistance by those oil companies
to scuttle the successful passage of the bill. There have been media reports about
the oil companies’ attempts to compromise Nigerian lawmakers and other opinion
leaders among other high-level diplomatic manoeuvres, so that they can continue
to reap the highest benefit. In this regard, there were even some reports
recently, about alleged threats by some oil companies to sue the federal
government over some provisions of the bill that reduce their profit and make
the regulatory environment tighter. Basically the oil companies are determined
to frustrate the successful passage of the bill or at least find a way of
influencing its content so that they will remain at the winning end at the
detriment of the nation.
The nation has over the years been losing
billions of dollars to those oil companies who have been milking the nation for
over 50 years, and are still determined to continue. This has to stop. It is
however comforting that our leaders have realized the huge resources the nation
loses as a result of the existing framework in the oil sector. It is also
bolstering that our indigenous technocrats in the sector are firmly behind the
PIB. It is now left for our lawmakers, who now have the ball in their court, to
exhibit high sense of responsibility and patriotism. The lawmakers know more
than any other Nigerian the depth of the murky waters in the nation’s oil and
gas sector, a nuance of which was recently revealed to the public by the House
of Assembly’s Oil Subsidy Probe. The National Assembly are therefore, expected
to ensure thorough deliberations on the bill to make sure that the interest of
the nation and the people are safeguarded. They should also make sure that the
bill also addresses other critical issues in the oil sector, such as gas
flaring, interests of the host communities, and environmental issues, among
others.
It has become incumbent on the lawmakers to
ensure the speedy and successful passage of the bill, which is also a golden
opportunity for them to regain their lost public confidence following the recent
unfortunate corruption scandals that threaded the National Assembly. It is time
for Nigeria and Nigerians to reap more benefit from the abundant oil resources that
God has endowed the country with, for the rapid socio-economic development of
the nation.