Senate Report on the PIB

The Senate Report on the PIB may be found here. A notable difference from the report of the House of Representatives is the insertion of a new section 317(8), which seeks to implement the backward integration policy, previously utilised in the sugar and cement industries, in the petroleum industry. Section 317(8) provides as follows:

(1) The Authority shall apply the Backward
Integration Policy in the downstream
petroleum sector to encourage investment in
local refining.
(2) Pursuant to subsection (1) of this section,
licence to import any product shortfalls may be
assigned only to companies with active local
refining licences and proven track records of
international crude oil and petroleum products
(3) Import volume to be allocated between
participants shall be based on criteria to be set
by the Authority taking into account the
respective refining output in the preceding
quarter, share of active wholesale customers
competitive pricing and prudent supply and
distribution track records.
(4) To safeguard the health of Nigerians,
imported petroleum products shall conform to
the Afri-5 specification (50 ppm sulphur) as per
the ECOWAS declaration of February, 2020 on
adoption of the Afri-Fuels Roadmap.

The effect of the provisions of section 317(8)(1-3) will be to stifle competition in the supply of petroleum products and will ultimately have an impact on the price of all petroleum products.

House of Reps passes the Petroleum Industry Bill

The Nigerian House of Representatives passed the Petroleum Industry Bill today. The Senate is also expected to pass the bill later today, after which the versions of the Bill will be reconciled before being sent to the President for assent. The reconciliation process is expected to be short as the House of Reps and Senate Committees worked together in the review of the Bill. The President is likely to give his assent fairly quickly to the Petroleum Industry Bill, given that the Bill was proposed by the Executive and its drafting committee worked very closely with the National Assembly. We will share the version of the Bill we have received shortly.