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Illegal JVs in Oil Industry: Agbakoba Threatens to Sue FG

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A former President of the Nigerian Bar Association (NBA), Olisa Agbakoba (SAN), has threatened to drag the Federal Government to court to determine the constitutionality of continuing outsourcing of oil and gas management to International Oil Companies (IOCs) through Joint Ventures (JVs) and Production Sharing Contracts (PSCs).

Agbakoba also called for a complete overhaul of Nigeria’s oil and gas sector, insisting that the current system has ‘completely failed’ and is responsible for poverty and hunger across the country.

The human rights lawyers, who stated this at a press conference in Lagos, argued that the current Contract Oil model directly contradicts Sections 16 and 44(3) of the Nigerian Constitution.

He maintained that the law mandates the government to manage Nigeria’s natural resources in a manner that secures the maximum welfare, freedom, and happiness of every citizen and that the current arrangement, which primarily benefits IOCs, falls far short of this constitutional requirement.

Agbakoba also stated that it is a fundamental principle of administrative law that statutory bodies, including the government, can not delegate their core functions without express legal authorisation. Without such express authority, the current arrangements may be ultra vires and potentially void.

The lawyer said, “These responsibilities, fundamental to the nation’s sovereignty and economic well-being, may be inherently governmental and thus incapable of being lawfully delegated to private entities. Furthermore, it is dubious whether the federal government has the authority to delegate the inherent rights of Nigerians to their natural resources to third parties.

“While the federal government is reluctant to consider shared or joint ownership with state governments, who represent Nigerians more directly, it sees no issue in delegating, outsourcing, and sharing joint ownership with IOCs. This inconsistency raises questions about the government’s interpretation and application of its constitutional mandate.

“We will approach the court to declare that the PIA, the current legal framework for the continued outsourcing or unlawful delegation of the management of Nigeria’s oil and gas to IOCs, is unconstitutional.

“The dominance of IOCs in the sector has historically limited opportunities for developing local content and building domestic capacity in the oil and gas industry,” he said.

Agbakoba also said that the current system of JVs and PSCs, which was initially justified by a lack of funds, now appears to violate the inherent rights of Nigerians over their natural resources.

He stated that if the country adopts a “Development Oil” approach, it can reclaim control over its vital oil and gas sector and transform it into a powerful engine for national development.

The senior lawyer insisted that this paradigm shift requires bold policy changes, including securitising oil reserves through a Sovereign Oil Fund, allowing Nigeria to finance its oil and gas operations.

He said, “The current exit of IOCs presents both a challenge and an opportunity for new Nigerian actors in the oil and gas sector. In collaboration with the federal government, these actors must rise to the occasion and build a new strategy for oil and gas exploration based on development oil principles.

“By aligning the oil and gas sector with broader national interests and constitutional obligations, Nigeria can create a more diversified, resilient, and prosperous economy that truly benefits all its citizens. This approach not only promises economic growth but also reaffirms Nigeria’s sovereignty over its natural resources, ensuring that they are managed for the welfare and security of all Nigerians, as mandated by the constitution,” Agbakoba stated.

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Economy

FG Spends $600m on Fuel Importation Monthly, Says Finance Minister Wale Edun

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The Minister of Finance and Coordinating Minister of the Economy, Wale Edun has disclosed that the country currently spends $600m on fuel importation monthly.

The minister revealed this during an interview on AIT’s Moneyline programme on Wednesday.

He said that the high import bill is due to neighbouring countries, up to Central Africa, benefiting from the country’s fuel imports.

Edun explained that the situation was the reason President Bola Tinubu removed fuel subsidy, as the country does not know the exact amount of fuel consumed internally.

According to a report by the National Bureau of Statistics (NBS), the country’s petrol import was reduced to an average of one billion litres monthly after President Bola Tinubu removed the fuel subsidy on May 29 last year.

He said, “The fuel subsidy was removed May 29, 2023, by Mr President, and at that time, the poorest of 40 per cent was only getting four per cent of the value, and basically, they were not benefitting at all. So it was going to be just a few.

“Another point that I think is important is that nobody knows the consumption in Nigeria of petroleum. We know we spend $600m to import fuel every month but the issue here is that all the neighbouring countries are benefitting.

“So we are buying not for just for Nigeria, we are buying for countries to the east, almost as far as Central Africa. We are buying. We are buying for countries to the North and we are buying for countries to the West. And so we have to ask ourselves as Nigerians, how long do we want to do that for and that is the key issue regarding the issue of petroleum pricing.”

The minister also clarified that the N570bn fund release to state governments was implemented last year December.

He said, “This actually refers to a reimbursement that they received from December last year onwards and it was a reimbursement I think under the COVID financing protocol but the point is that the states have received more money. They have received more money. Mr President has charged to ensure food production in the states.”

According to him, the recent decision to raise the maximum borrowing percentage in the Ways and Means from five to 10 per cent does not imply that the Federal Government tends to rely on the Central Bank of Nigeria financing.

He also said the welfare of Nigerians remained a key priority for the current administration, particularly ensuring food availability and affordability.

Edun said, “There is a concerted effort to ensure that we have homegrown food available. In the short term, apart from what is being distributed from reserves, there is a window that has been opened for importation because the commitment of Mr President is to drive down those prices now and make food available now.”

He assured all that the measure would not undermine local farmers, as importation would only be permitted after exhausting local supplies.

He said, “So, one of the conditions for this importation will be that everything available locally in the markets or with the millers and so forth has been taken up. We will have auditors that will check that.”

He said these interventions seek to reduce inflation, stabilise exchange rates, and lower interest rates, thereby creating a conducive environment for investment and job creation.

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Economy

FG Dismisses Dangote Petroleum As Inferior, Says Refinery Not Yet Licenced, Completed

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By Eric Elezuo

A Federal Government of Nigeria petroleum regulatory agency, the Nigerian Midstream and Downstream Petroleum Regulatory Authority, (NMDPRA), has dismissed petroleum products from the Dangote Refinery as inferior, in the guise of those f4om Watersmith and Aradel, making a case for superiority of imported ones.

The revelation was made by the Chief Executive Officer of NMDPRA, Mr. Farouk Ahmed, while responding to questions from a section of the press, a video of which is trending online, adding that the refinery is only 45% completed, and yet to be licenced for operation by the Nigerian government.

Earlier, the Vice President of Dangote Industries Limited, Devakumar Edwin, had alleged that most fuel products imported into Nigeria are substandard, blaming International Oil Companies (IOCs) of frustrating Dangote’s quest for production.

In the short video, which lasted a little over a minute, Mr. Ahmed debunked theories attached to the functionality of the Dangote Refinery, saying it does not have the capacity to ‘feed’ the nation of its petroleum needs, as it stands. He however, refuted arguments that some elements within the oil and gas sector were trying to scuttle the Dangote Refinery.

A transcript of the NMDPRA’s boss short response is as follows:

“It about concerns of supply of petroleum products acros the nationwide, and the claim that we are trying to scuttle Dangote. That is not so. Dangote Refinery is still in the pre-commissioning stage. It has not been licenced yet. We haven’t licenced them yet. I think they are about 45 per cent completed, or completion rather.

“We cannot rely on one refinery to feed the nation, because Dangote is requesting that we suspend or stop imports, especially of AGO and DPK, and direct all marketers to his refinery. That is not good for the nation in terms of energy security, and it is not good for the market because of the monopoly.

“Dangote Refinery, as well as some modular refineries like Watersmith Refinery and Aradel Refinery, are producing between 650 and 1,200 PPM. Therefore, in terms of quality, their products are inferior to imported ones,” he stated.

It will be recalled that only last Sunday, the President, Dangote Industries Limited, Aliko Dangote, while hosting senior journalists from across various media concerns, revealed that the Nigeria National Petroleum Company Limited (NNPCL) owns only 7.2% of stakes in the refinery, and not 20 percent as widely circulated. He also revealed that the refinery is set to begin fuel supply in August 2024.

Many stakeholders and respondents have alleged that there’s no love lost between the government of the day and the Dangote Group, and that explains the hiccup situation surrounding the takeoff the $19 billion refinery.

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Economy

NNPC Reacts to Owning Only 7.2% Stake in Dangote Refinery

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The Nigerian National Petroleum Company (NNPC) Limited has explained why it holds only a 7.2% equity in the $19 billion Dangote Refinery, instead of the widely speculated 20%. 

A statement released on Sunday by Femi Soneye, the Chief Corporate Communications Officer of NNPCL, addressed the company’s recent decision regarding its investment in the Dangote Refinery.  

Soneye said that the decision to reduce their investment was carefully considered and communicated several months ago to Aliko Dangote. 

Dangote mentioned to newsmen on Sunday that NNPC no longer holds a 20% stake in the refinery.  

He explained that this change occurred because NNPCL failed to pay the balance of their share, which was due in June. 

Reacting, NNPC said:  

“NNPC Limited periodically assesses its investment portfolio to ensure alignment with the company’s strategic goals.

“The decision to cap its equity participation at the paid-up sum was made and communicated to Dangote Refinery several months ago,” NNPC said.

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