General
PIA and Gestation of Acts
By Jerome-Mario Chijioke Utomi
Many Nigerians with critical interest had hitherto believed that the advent of Nigeria’s Petroleum Industry Act (PIA) 2021, which was signed into law in the year mentioned above, and arguably the most audacious attempt to overhaul the petroleum sector in Nigeria, would solve the real and imagined challenges in the nation’s petroleum sector, and turn the Niger Delta region, particularly host communities, to a zone of peace in their relationship with crude oil prospecting and exploration companies.
However, facts have since emerged that instead of providing the legal, governance, regulatory and fiscal framework for the Nigerian petroleum industry and the host communities, the Petroleum Industry Act has, contrary to expectations, become a first line of conflict between crude oil prospecting, exploration companies and their host communities.
Like other Acts that guided crude oil production in the past, PIA has similarly become a toothless bulldog that neither bites nor barks. In fact, analysts and industry watchers have come to a sudden realization that nothing has changed.
Among many examples, the recent 14 days ultimatum/threat by an oil-rich community of Tsekelewu (Polobubo) in Warri North Local Government Area of Delta State to shut down ongoing exploration activities of Conoil Producing Limited if the company failed to reach a definite agreement with the community on the implementation of Chapter 3 of the PIA for the Tsekelewu bloc of communities, supports this assertion.
Entitled ‘Fourteen (14) Days Ultimatum to Implement Chapter 3 of 2021 Petroleum Industry Act (PIA) in Tsekelewu (Polobubo) Host Community and Bloc of Communities by Conoil Producing Limited at OML 103’, the petition/ultimatum, dated December 30, 2022, signed by the President-General of the Tsekelewu (Polobubo) Development Association, Dr Bright Abulu, and the spokesman of the association, Mr Christmas Ukagha, and addressed to the Managing Director/Chief Executive Officer of Conoil Producing Limited, among other things, lamented that they adopted the option due to seemingly snobbish attitude of the management of Conoil as the company’s management had refused to honour letters asking for a meeting with the TCDA on the issue of the PIA implementation.
Essentially, while the people of Tsekelewu (Polobubo) host community continue to wait for what becomes the outcome of their ultimatum, there is indeed, greater evidence that points to the fact that the underlying premise behind PIA enactment has been defeated.
There is equally a reason for concern that what is currently happening between oil companies and their host communities may no longer be the first half of a reoccurring circle but, rather, the beginning of something negatively new and different.
A tour by boat of creeks and coastal communities of Warri South West and Warri North Local Government Areas of Delta State will amply reveal that the much-anticipated end in sight of gas flaring is actually not in sight.
In the same manner, a journey by road from Warri via Eku-Abraka to Agbor and another road trip from Warri through Ughelle down to Ogwuashi Ukwu in Anoicha Local Government of the state shows an environment where people cannot properly breathe as it is littered by gas flaring points.
To a large extent, the above confirms as true the recently published report, which, among other concerns, noted that Nigeria has about 139 gas flare locations spread across the Niger Delta both in onshore and offshore oil fields where gas which constitutes about 11 per cent of the total gas produced are flared.
Apart from the health implication of flared gases on humanity, their adverse impact on the nation’s economy is equally weighty.
For instance, a parallel report published a while ago underlined that about 888 million standard cubic feet of gas were flared daily in 2017. The flared gas, it added, was sufficient to light up Africa, or sub-Saharan Africa, generate 2.5 gigawatts (GW) of power or produce 50 million barrels of oil equivalent (boe) or produce 600,000 metric tonnes of liquefied petroleum gas (LPG) per year, produce 22 million tonnes of carbon dioxide (CO2), feed two-three liquefied natural gas (LNG) trains, generate 300,000 jobs, able to attract $3.5 billion investment into Nigeria and has $350 million carbon credit value’. This is an illustrative pointer as to why the nation economically gropes and stumbles.
Looking at the enormity of the health and economic losses inherent in gas flaring, one may be tempted to ask what set the stage for gas flaring in Nigeria. The politics that keep it going, and why it ‘flourishes unabated?
Banking on what experts are saying, the major reason for the flaring of gases is that when crude oil is extracted from onshore and offshore oil wells, it brings with it raw natural gas to the surface and where natural gas transportation, pipelines, and infrastructure are lacking like in the case of Nigeria, this gas is instead burned off or flared as a waste product as this is the cheapest option. This has been on since the 1950s when crude oil was first discovered in commercial quantity in Nigeria.
While Nigeria and Nigerians persist in encountering gas flaring in the country, even so, has successive administrations in the country made both feeble and deformed attempts to get it arrested.
The facts are there and speak for it.
In 2016, President Muhammadu Buhari-led administration enacted Gas Flare prohibition and punishment), an act that, among other things, made provisions to prohibit gas flaring in any oil and gas production operation, blocks, fields, onshore or offshore, and gas facility treatment plants in Nigeria.
On Monday 2nd.September 2018, Dr Ibe Kachikwu, Minister of State for Petroleum (as he then was), while speaking at the Buyers’ Forum/stakeholders’ Engagement organized by the Gas Aggregation Company of Nigeria in Abuja, among other things, remarked thus, ‘I have said to the Department of Petroleum Resources, beginning from next year (2019 emphasis added), we are going to get quite frantic about this (ending gas flaring in Nigeria) and companies that cannot meet with extended periods –the issue is not how much you can pay in terms of fines for gas flaring, the issue is that you would not produce. We need to begin to look at the foreclosing of licenses’.
That threat has since ended in the frames as the Minister did little or nothing to get the threat actualized.
The administration also launched the now abandoned National Gas Flare Commercialization Programme (NGFCP, a programme, according to the federal government, aimed at achieving the flares-out agenda/zero routine gas flaring in Nigeria by 2020.
Again, like a regular trademark, it failed.
Away from Buhari’s administration, in 1979, the then federal government, in a similar style, came up with the Associated Gas Re-injection Act, which summarily prohibited gas flaring and also fixed the flare-out deadline for January 1, 1984. It failed in line with the leadership philosophy in the country.
Similar feeble and deformed attempts were made in 2003, 2006, and 2008.
In the same style and span, precisely on July 2, 2009, the Nigerian Senate passed a Gas Flaring (Prohibition and Punishment) Bill 2009 (SB 126) into Law, fixing the flare-out deadline for December 31, 2010- a date that slowly but inevitably failed.
Not stopping at this point, the FG made another attempt in this direction by coming up with the Petroleum Industry Bill, which fixed the flare-out deadline for 2012. The same Petroleum Industry Bill (PIB) got protracted till 2021, when it completed its gestation and was subsequently signed into law by President Buhari as PIA.
Despite this vicious movement to save the industry, the environment and its people, the Niger Delta challenge remains.
So, the question that is as important as the piece itself is; if this legion of laws/Acts cannot save the people of the region, who will? When will it complete its gestation period and deliver the targeted result to the people of the Niger Delta region?
While the answer(s) to the above question remains germane, this piece holds the opinion that to permanently resolve the Niger Delta question, the people of the region must be directly involved in the management of their resources. Call it resource control; you may not be far from the truth!
Utomi Jerome-Mario is the Programme Coordinator (Media and Policy) at Social and Economic Justice Advocacy (SEJA), Lagos. He can be reached via je*********@***oo.com/08032725374
By Modupe Gbadeyanka
The Lagos State Commissioner for the Environment and Water Resources, Mr Tokunbo Wahab, has disclosed that the state government has not restricted the movement of people during the re-introduced monthly environmental sanitation exercise.
Responding to an enquiry by an X user, Faveo Autos, on Saturday, he said the exercise was not brought back to restrict the movement of residents, noting that arresting anyone during the sanitation was unlawful and not backed by law.
However, he encouraged Lagosians to use the period to keep their surroundings clean.
“What is the fine for movement during environmental [sanitation]?” Mr Wahab was asked by Faveo Autos today.
In his response, the Commissioner said, “For clarity, there is no restriction on movement during the monthly environmental sanitation exercise. Consequently, arresting anyone on the basis of movement during the exercise is unlawful and does not represent the position or policy of the Lagos State Government.
“The monthly environmental sanitation exercise was reintroduced primarily to restore and strengthen the culture of environmental cleanliness across the state.
“The initiative is backed by the Lagos State Environmental Management and Protection Law, 2017. However, the law does not provide for any restriction on movement during the exercise.
“Our focus is on encouraging Lagosians to embrace environmental sanitation as a civic responsibility and a shared commitment to maintaining a cleaner, healthier, and more sustainable Lagos, rather than relying on enforcement measures.”
Life is full of unexpected moments that test our patience, strength, and perspective. Everyone experiences setbacks, disappointments, and periods of uncertainty. While these moments can feel overwhelming, they also provide opportunities for personal growth and self-discovery.
One of the most valuable lessons we learn is that difficult situations rarely last forever. Time, reflection, and a willingness to adapt often help us move beyond even the toughest circumstances. Maintaining a positive outlook and focusing on practical solutions can make a significant difference.
Relationships also play an important role in overcoming hardships. Support from family, friends, or mentors reminds us that we are not alone. At the same time, learning to let go of anger and resentment can free us from emotional burdens that prevent us from moving forward.
The only way out of the labyrinth of suffering is to forgive. It is nothing to die. It is frightful not to live. Everything was beautiful and nothing hurt.
Personal growth is not about avoiding challenges but about responding to them with resilience and wisdom. Every experience, whether positive or negative, contributes to the person we become. By embracing change and practicing gratitude, we can create a more meaningful and fulfilling life.
In the end, moving forward requires courage, forgiveness, and hope. When we choose to focus on what we can control instead of dwelling on the past, we open ourselves to new opportunities and a brighter future.
By Modupe Gbadeyanka
The establishment of four new army divisions has been approved by President Bola Tinubu, bringing the total to 12.
In a statement on Thursday by the Special Adviser to the President on Information and Strategy, Mr Bayo Onanuga, it was stated that the President also authorised the recruitment of 28,000 additional personnel to strengthen national security.
The new divisions created include 5 Division, with the headquarters in Makurdi covering Benue, Nasarawa and Kogi States; 9 Division, with the headquarters in Ilorin covering Kwara and Niger States; 10 Division, with the headquarters in Jalingo covering Taraba and Adamawa States; and 83 Division, with the headquarters in Benin City covering Edo, Delta and Bayelsa States.
It was disclosed that the establishment of the new Divisions in Makurdi, Ilorin, Jalingo and Benin City will significantly improve command and control, decentralise operational decision-making, strengthen border security, enhance the protection of critical national infrastructure, improve counter-insurgency and internal security operations, and ensure faster military response to emerging threats nationwide.
Implementation of the new force structure will be done in two phases. The first phase, covering the establishment of the 5, 9, and 10 Divisions and the reorganisation of existing formations, will be completed by September 2026. The second phase, involving the establishment of the 83 Division and further reorganisation, is expected to be completed by December 2026.
The statement said the expansion of the Nigerian Army’s structure from eight to twelve divisions will improve the operational effectiveness of the security agency and strengthen national defence capabilities further.
Before now, the Nigerian Army operated 1 Division, with the headquarters in Kaduna covering Kaduna, Kano, Katsina and Jigawa States; 2 Division, with the headquarters in Ibadan covering Oyo, Osun, Ekiti and Ondo States; 3 Division, with the headquarters in Jos covering Plateau, Bauchi and Gombe States; 6 Division, with the headquarters in Port Harcourt covering Rivers, Akwa Ibom and Cross River States; 7 Division, with the headquarters in Maiduguri covering Borno and Yobe States; 8 Division, with the headquarters in Sokoto covering Sokoto, Kebbi and Zamfara States; 81 Division, with the headquarters in Lagos covering Lagos and Ogun States; and 82 Division, with the headquarters in Enugu covering Enugu, Anambra, Abia, Ebonyi and Imo States.
Mr Tinubu reaffirmed his administration’s determination to continue investing in the Armed Forces, ensuring they remain adequately equipped, highly motivated, and fully capable of protecting the nation and guaranteeing the safety and security of all Nigerians.
He lauded the Chief of Army Staff, Lieutenant General Waidi Ibrahim Shuaibu, and all officers and soldiers of the Nigerian Army for their dedication, professionalism, and steadfast commitment to defending Nigeria’s sovereignty and territorial integrity.
