Business
Nigeria: Buhari administration moves to close loopholes that bred corruption in oil industry
The Buhari administration in Nigeria is breaking up an all-encompassing oil bill that has been stuck in the federal parliament for years, replacing it first with a law to overhaul the state sector which aims to close loopholes that bred corruption, according to a draft seen by reporters.
Under the draft legislation, the state oil giant – Nigerian National Petroleum Corporation (NNPC) – will be split in 2, rather than a series of units as envisaged by the stalled 2012 bill, including a National Oil Company that will be run on commercial lines and partly privatized.
Nigeria – Africa’s biggest oil producer has been trying to pass a new oil law for years but lawmakers have never agreed on every aspect of the 200-page Petroleum Industry Bill (PIB).
In November, the petroleum minister said the federal government was working on a new Petroleum Industry Bill that would probably be passed in sections, particularly the thorny issue of a new tax regime that has been criticized by major international oil firms.
The inability to pass a law and uncertainty around taxation has stunted investment in the west African nation, particularly in deep-water oil and gas fields. Now the Buhari administration hopes that by submitting a series of bills, individually more modest in scope than the 2012 Petroleum Industry Bill, it will have a better chance of winning parliamentary approval and reforming the sector.
The first new bill, drafted by the Senate and overseen by the oil ministry, is entitled “Petroleum Industry Governance and Institutional Framework Bill 2015” and aims to create “commercially oriented and profit driven petroleum entities”.
It is expected to be presented to senators this week.
The bill repeals the act that created NNPC that contained legal grey areas that allowed mismanagement to go unchecked and billions of dollars in revenues to go seemingly unaccounted for as operating costs rocketed.
However, some noticeably problematic amendments are absent from this bill, such as allowing the oil minister to decide what to do with any surplus or allowing the Nigerian president to allocate oil blocks for exploration. But it remains to be seen whether further add-ons to the bill or later decisions will reconcile the conflict between what the new state oil companies need to run and what they should remit to the treasury.
“The bill leaves open lots of questions around what roles the new national oil companies will play in the sector, and how they will receive and manage money,” Aaron Sayne, a lawyer who focuses on the Nigerian energy sector, said. “But one can sense more strategic thinking behind it than in past drafts, and the bill does a better job than its predecessors of saying who will take key decisions after it becomes law.”
