NLNG Act amendment: Economy under threat says Petroleum Club

*NLNG loading bay.

*NLNG loading bay.

Kunle Kalejaye

04 July 2016, Sweetcrude, Lagos —
Stakeholders in Nigeria’s petroleum industry have described efforts by the National Assembly to amend the Nigeria Liquefied Natural Gas, NLNG Act as a threat to the nation’s economy.

Petroleum Club, an association of chief executive officers of oil and gas companies, both indigenous and foreign, warned that the proposed amendment would have far-reaching negative consequences not only for the Liquefied Natural Gas, LNG business but also for the entire petroleum industry in the country.

These oil and gas firms’ Chief Executive officers pointed out that if the proposed amendment of NLNG Act sailed through, more oil companies and international lenders would no longer view Nigeria as a country where they could have confidence in the fiscal and commercial terms granted to investors.

The Chairman of the Senate Committee on Niger Delta, Senator Peter Nwaoboshi, who demanded for the amendment of NLNG Act, had premised his reason on the gas company’s refusal to pay dues to the Niger Delta Development Commission (NDDC) since the last 16 years.

The Minority Leader of the House of Representatives, Honourable Leo Ogor, while arguing on this same issue, hinged his reason on untold environmental and health havoc wrecked on the people of the Niger Delta.

Ogor said: “The only way we can solve this problem is to bring relevant amendments to the Act because our people have suffered so much and I said that it is very important that we appreciate the enormity of the danger present in the region for us to act quickly and as a people, hold the NLNG responsible for unnecessary gas flaring using this amendment.”

But Petroleum Club, while reacting, described the premises adduced by the sponsors of the amendment of NLNG Act as preposterous, stating that NLNG was never a gas producing company but only a processing firm and, therefore, should not be held responsible for the unnecessary gas flaring in the Niger Delta.

In its memorandum to National Assembly, which was signed by Otunba Funso Lawal, Chairman of the Board, and Dr. G.S. Ihetu, Chairman of Policy Committee, Petroleum Club said: “This premise is totally wrong because NLNG is not a gas producer and does not flare gas.

“As a matter of fact it purchases gas from its gas producing shareholders. It should also be noted that these gas producers are already subject to the NDDC Act which is targeted at companies in oil and gas production.

“Perhaps these levies and tax disputes with Nigerian Maritime Administration and Safety Agency (NIMASA) and NDDC may also have given impetus to this proposed amendment to make the company subject to additional levies and taxes.

“However, it should be noted that the second schedule of the NLNG Act provides unambiguous guarantees and assurances to the NLNG shareholders. Specifically, sections 2 and 3 of the schedule state as follows:

“The venture shall be subject to the fiscal regime contained in the provisions of this Act. Such fiscal regime shall not be amended in any way, except with the prior written agreement of the Government, the Company and each of the Company’s shareholders.

“Without prejudice to any other provision contained herein, neither the Company nor its shareholders in their capacity as shareholders in the Company, shall in any way be subject to new laws, regulations, taxes, duties, imports or charges of whatever nature which are not applicable generally to companies incorporated in Nigeria or to shareholders in companies incorporated in Nigeria, respectively,” the organization stated.

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