Petroleum Industry Act 2021

In over two decades, crude oil has been the driving force behind Nigerian economy, accounting for
about 90% of her export earnings. This invariably caused several governments to place focus and
priority on this sector by attempting to create an all-encompassing Petroleum Industry Law.

Consequently, in September 2020, President Muhammadu Buhari sent a new Petroleum Industry Bill
to the National Assembly for consideration by the Senate and the House of Representatives. After
several months of scrutiny, a harmonized version of the bill was passed by both legislative houses on
16th July 2021.

On 16th August 2021, the President signed the much-anticipated Petroleum Industry Bill into law
after two decades of failed attempts, the Act contains 5 chapters, 319 sections and 8 schedules.
Thus, The Petroleum Industry Act 2021 (‘The Act’), repeals;

• Associated Gas Reinjection Act, 1979 CAP A25 Laws of the Federation (LFN)2004, and its
amendments.
• Hydrocarbon Oil Refineries Act No. 17 of 1965, CAP H5 LFN2004;
• Motor Spirits (Returns) Act, CAP M20 LFN2004;
• Nigerian National Petroleum Corporation Act No. 94 of 1993, CAP N124 LFN2004;
• Nigerian National Petroleum Corporation Act (NNPC) 1977 No, 33 CAP N123LFN as
amended, (when NNPC ceases to exist pursuant to section 54(3) of this Act);
• Petroleum Products Pricing Regulatory Agency Act2003;
• Petroleum Equalization Fund (Management Board etc.) Act No. 9 of 1975, CAPP11 LFN
2004;
• Petroleum Equalization Fund Act,1975;
• Petroleum Profit Tax Act Cap P13 LFN 2004, (PPTA);and
• Deep Offshore and Inland Basin Production Sharing Contract Act(DOIBPSCA), 1993 CAP
D3, LFN 2004 and its

However, the provisions of certain laws are saved until termination or expiration of the relevant
oil prospecting licenses and mining leases including the Petroleum Profit Tax Act, Deep Offshore
and Inland Basin PSC Act.

Governance and Institutions

This chapter focuses on transparency, good governance and accountability in the administration of
petroleum resources in Nigeria. It further highlights the creation of a commercially oriented national
petroleum company and encouraging friendly business environments for petroleum operations.

The Act proposes to formally segment the Nigerian petroleum industry into upstream sector on one
hand, and the midstream and downstream sectors, on the other. The upstream sector is to be
overseen by the Nigerian Upstream Regulatory Commission (‘the Commission’), while the
midstream and downstream sectors would be under the oversight of the Nigerian Midstream and
Downstream Petroleum Regulatory Authority (the ‘Authority’). General oversight powers over the
petroleum industry is vested in the Minister of Petroleum (‘the Minister’), whom the Commission
and Authority are required to report to.
The Minister

Section 3 of the Act retains the Minister’s general oversight and supervisory powers over all facets of
the petroleum industry. This remains unchanged from the previous governance regime under the
Petroleum Act. Specifically, the Minister is empowered to formulate, monitor, and administer the
Federal Government’s policy over the petroleum industry. The Commission and Authority are
required to report to the Minister, ensuring his oversight powers over the industry, are total.

However, there have been important deviations from the general powers of the Minister of
Petroleum as hitherto granted under the previous regime. A glaring change is that the Minister’s
former unfettered, sole discretion and power to grant or revoke oil licenses have been curtailed. The
Bill specifically requires that the Commission provide recommendations to the Minister before the
Minister can exercise such powers. Overall, the Bill limits itself to grant of general powers to the
Minister unlike under the Petroleum Act which vested the power to grant specific approvals in the
Minister. Such specific approvals have been generally vested in the Authority or Commission. The
key question, therefore, is whether the Minister, who may also be the President, may be bound by
the recommendations of the Commission on the award of licenses given that the President can
remove any member of the Commission. Notwithstanding the bold changes in the PIB, it seems that
the Minister will continue to exercise a significant influence in the industry.

The Nigerian Upstream Regulatory Commission (‘the Commission’)

Section 4 of the Act establishes the Commission to have primary regulatory powers and oversight
over the technical and commercial activities of the upstream petroleum industry. The Commission
will regulate all technical activities in the upstream sector by enforcing, administering, and
implementing all laws, regulations, national and international policies, standards, and practices
relating to the sector. The Commission is also to enforce compliance with the conditions of all leases,
licences, permits and authorisations issued to companies in the sector. Such technical activities
include seismic operations, drilling operations and design, construction, and operation of upstream
facilities, among others. Given that these powers were exercised by the Department of Petroleum
Resources (‘DPR’), it is clear that the Commission would replace the DPR in that regard as Section 10
vests the Commission with the power as the successor to the DPR and the Petroleum Inspectorate
Division. The PIB empowers the Commission to oversee commercial activities in the upstream, such
as reviewing and approving commercial aspects of field development plans, supervising costs and
cost control in upstream petroleum operations, implementing cutback orders by the Minister. It
seems safe to surmise that the Commission is to take over some of the commercial regulatory
previously undertaken by NNPC’s National Petroleum Investment Management Services (‘NAPIMS’).
Further, with a firm view on encouraging activities in frontier basins, Section 9 specifically outlines
the responsibilities of the Commission in that regard. To ensure that the desired promotion activities
over frontier basins are undertaken, the PIB proposes a Frontier Exploration Fund, to consist of 30%
of the share of profit oil and gas of NNPC Limited from its production sharing contracts, profit
sharing contracts and risk service contracts. Any basin where there has been no previous exploratory
activity. discovery, undeveloped or as determined by the Commission as Frontier basin will qualify as
such. This will include basins which are currently not producing such as Dahomey, Bida, Anambra,
Benue. Sokoto and Chad. The vision to promote exploration activities in frontier basins is
commendable, as it will ensure long term sustainability of the industry by boosting the available
reserves. However, discretion must be exercised to ensure that current reserves are maximized, and
the promotion activities over frontier basins are undertaken in areas that are potentially
commercially viable, and not a dissipation of energy. The PIB requires any government body whose
action would impact the upstream industry to consult with the Commission, prior to taking such
action and to comply with any recommendation that the Commission may propose. This specific
inclusion is commendable as it should help to minimize disruption by government agencies seeming
to work at cross purposes when the overall objection should be viability of the petroleum industry.