Editorial
Pass PIB, Now
On September 30, the Petroleum Industry Bill (PIB) scaled first reading in the Ninth Senate.
The bill is expected to return to the floor of the Senate next Tuesday for second reading and formal debate. And the first reading comes barely 48 hours after it was re-transmitted to the National Assembly by President Muhammadu Buhari in a letter read by the Senate President, at the resumption of plenary on September 29.
But this is not the first time that the PIB has gone through extensive legislative interrogation in the National Assembly.
Indeed, almost 20 years after it was first introduced on the floor of the National Assembly, the PIB has passed through several alterations and debates without success, leading to it being split into different pieces of legislation, and passage of the Petroleum Industry Governance Bill (PIGB), for the first time in May, 2017, and its concurrence by the House of Representatives, later that year.
Unfortunately, Buhari withheld assent on the PIGB in July, 2018. By a presidential communication of July 29, 2018, addressed to the Senate and House of Representatives, the President referred to constitutional and legal reasons why he declined assent.
The Tide recalls that the PIGB was articulated to establish a framework for the creation of commercially-oriented and profit-driven petroleum entities that ensure value addition and internalisation of the petroleum industry while promoting transparency and accountability in the administration of petroleum resources as well as fostering conducive business environment for industry operations.
The PIGB was the first tranche of the PIB, which includes the Upstream Petroleum Licence and Lease Administration, Downstream Oil and Gas Administration, and Petroleum Industry Fiscals, and Petroleum Revenue Management, including Petroleum Host Community Fund.
However, on November 4, 2019, Buhari signed the amended Deep Offshore Act 2019, being part of the PIB that incorporates the Production Sharing Contracts, designed to ensure Nigeria gets fair and equitable share of income from natural resources for the first time since 2003.
With the reintroduction of the PIB, which comprises the Petroleum Industry Fiscal Bill (PIFB), Petroleum Industry Administration Bill (PIAB), Petroleum Host and Impacted Communities Development Bill (PHICDB), and renewed optimism in the National Assembly on its passage, The Tide feels particularly glad that the push to perfect the deregulation of all streams in the oil and gas sector is gathering momentum.
This feeling is even more satisfying when we reckon that the new bill has, in addition to the upstream and downstream portfolios in the earlier one, the recognition that the midstream (pipeline) sector holds the key to accelerating the diversification and competitiveness of the industry for increased benefits for the nation’s economy. We charge the NASS to pass the urgent legislation simultaneously.
While The Tide agrees that the oil and gas companies must play pivotal roles in the development of host communities where they make fortunes for shareholders, it is surprising that the Buhari administration has surreptitiously reduced the statutory contributions of the oil and gas firms from the initial 10 per cent in the bill presented to the Eighth NASS to 2.5 per cent in the current bill, thereby denying the region huge chunk of money that would have helped transform communities and empower millions of people.
Even as we note the statutory three per cent contribution from the annual budgets of oil and gas companies to the Niger Delta Development Commission (NDDC) and the 13 per cent derivation paid to the nine oil-producing states from the federation accounts, we insist that the cumulative allocation of about 26 per cent from oil revenue for the development of the difficult region is not too much.
We, therefore, urge NASS members from the region to lobby for increase in the contributable funds to 10 per cent to promote peace, development and progress in the host communities.
Interestingly, the quick passage of the PIB will not only accelerate development through the infusion of more funds into host communities, boosting youth employment and peace in the region, but will serve as a comprehensive instrument for the diversification of the oil and gas sector and the country’s economy.
Indeed, the PIB, when passed and assented to, will bring about more inclusive development away from crude oil to other product lines and by-products, just as it ensures robust engagement between international oil companies (IOCs) and the government in the area of investment and modifications in the Joint Venture Partnerships (JVPs)/cash call obligations.
Besides, the PIB will engender activation and extension of indigenous participation and local content development, just and fair engagement of the oil producing communities and transparency/accountability in an industry that would be more efficient and effective with clear and separate roles for governance and regulatory institutions in the petroleum industry.
It is not in doubt that the delay in the passage of the PIB has been holding down lots of Final Investment Decisions (FIDs) and critical investments in the oil and gas sector. The Tide, therefore, urges the NASS members to fast-track the passage of the PIB to send the signal to the world that Nigeria is serious about an oil sector reform that provides a win-win landscape for all players in the industry. Time is of the essence. There is no better time than now, especially as oil is being found everywhere around the globe.
Of course, with oil production capacity declining by between 10 per cent and 15 per cent annually, and Nigeria struggling to maintain two million barrels per day production quota, it is imperative to speed up the passage of the PIB so that investors can begin to splash the desperately needed $10 billion capital expenditure (CAPEX) annually in the country. This will also help attract the required $20 billion to $30 billion CAPEX yearly to grow Nigeria’s target daily production of three million barrels per day, going forward.
The timely conclusion of this reform process would guarantee legislative certainty and clarity, which the industry needs now more than ever before.
No nation yearning for development will allow various unfavourable fiscal and regulatory frameworks to impede the take-off of an estimated $100 billion worth of projects awaiting FDIs in Nigeria’s oil and gas sector.
We insist that the opportunity cost of this unwarranted delay in terms of industry growth, infrastructure and value addition to the economy and job creation is too high, for the country to continue to toy with the passage of the bill.
We believe that this time around, the Ninth National Assembly will break the jinx and holistically pass the PIB. The lawmakers must know that struggling to pass a bill for 20 years is a shame and a betrayal of the trust their constituents have bestowed on them as representatives.
Editorial
Opobo And The Proposed Higher Institution
Editorial
A New Dawn For Rivers’ Workers
Workers in the Rivers State civil service have been eulogising Governor Siminalayi Fubara for delivering on his promise to implement a new minimum wage of N85,000, which was reflected in the salaries paid for November. This increase is N15,000 higher than the national minimum wage of N70,000. This represents not only an enhancement in the financial welfare of civil servants but also a recognition of their hard work and dedication to public service. The raise has been met with widespread jubilation among the workforce, who have long advocated for a better wage to cope with rising living costs and economic challenges.
As the news spread, offices filled with laughter and sigh of relief, as employees exchanged stories of how this financial boost would positively impact their families and dependants. The new minimum wage is not just a number; it symbolises the government’s commitment to improving the standards of living for civil servants and fostering a more equitable workforce. Many workers expressed their gratitude for the governor’s timely intervention, highlighting how important it is for public servants to feel valued and adequately renumerated.
Governor Fubara’s decision is expected to reinforce morale within the civil service, fostering greater productivity and dedication among employees who contribute significantly to the state’s development. With the new wage in place, there is a renewed sense of optimism among civil servants, who now feel more empowered to serve the government and the citizens with greater enthusiasm and commitment.
The Governor had declared an increase in salaries for state workers, emphasising that this adjustment is not only a reflection of the government’s commitment to improving the welfare of its employees but also a strategic move fueled by the state’s enhanced Internally Generated Revenue (IGR). He assured workers that the financial backing for this increment is sustainable, stemming from the state’s focused efforts to bolster revenue through various initiatives, including tax reforms and enhanced efficiency in public service delivery.
Furthermore, the governor’s promise of funding the increment solely through increased IGR signifies a commitment to fiscal responsibility and transparency. It reassures the people that the government is proactively managing resources while investing in their future. As the state continues to explore opportunities for revenue enhancement, Fubara’s administration remains focused on ensuring that these initiatives translate into tangible benefits for the workforce, ultimately fostering a more motivated and dedicated public sector.
The decision by Fubara to be the first in Nigeria to implement the new national minimum wage is a commendable step that reflects a proactive approach to governance and an understanding of the pressing needs of the workforce. In an economy where many families struggle to make ends meet, especially in the face of rising living costs, this enterprise will improve the quality of life for workers and also set a precedent for other states to follow.
In recognising the various drives and support provided by Fubara’s government, it is necessary that the workers reciprocate by embodying a spirit of productivity and commitment to the current administration’s goals. They should align their daily operations with the administration’s objectives to enhance effectiveness and foster an environment of collaboration and trust. This reciprocal relationship can lead to innovative solutions and efficient service delivery, ultimately benefiting the state and strengthening public trust in government institutions.
Surprisingly, despite the political challenges the government has been navigating, alongside the myriad of ambitious projects it is embarking on, it has managed to raise funds to implement a minimum wage of N85,000 This achievement reflects a commendable level of resilience and resourcefulness within the government’s fiscal strategies. In a nation often marred by economic volatility and political discord, finding a way to sustain and even elevate the livelihoods of its employees is no small feat.
Workers in the state have truly found themselves in a remarkably advantageous position under this administration, especially when compared to the previous regime. The immediate past government’s blatant refusal to implement the minimum wage of N30,000 left many employees disheartened and struggling to meet their basic needs. What was even more disconcerting was the absence of meaningful negotiations with labour representatives, leaving workers feeling unheard and undervalued. In contrast, the present administration has prioritised dialogue and engagement with labour unions, recognising the importance of fair wage for workers’ contributions to the state’s economy.
With the current government’s commitment to improving wages and working conditions, it is clear that a major shift has taken place. This renewed focus on the welfare of workers empowers them and instils a sense of hope and optimism for the future, as they can now look forward to a more equitable and supportive work environment. Ultimately, the ongoing trajectory suggests a promising era for labour relations in the state, one where workers are valued and their rights upheld.
Siminalayi Fubara has consistently demonstrated his dedication to workers’ welfare since taking office in May last year. Unlike his predecessor, who left many employees feeling overlooked and unsupported, Fubara wasted no time in addressing the longstanding stagnation of promotions that had plagued the workforce for eight years. He took further steps towards financial justice by initiating the long-overdue payment of gratuities that were neglected during the last administration.
Similarly, we urge the governor to take another step forward by reviewing the stipends received by pensioners. The current pension amounts have become woefully inadequate, leaving many of them who dedicated their lives to public service struggling to make ends meet. These dedicated individuals who have contributed to the development of our dear state now find themselves in a precarious financial situation, receiving stipends that are alarmingly low and insufficient to cover basic living expenses. The rising cost of living has rendered their pensions nearly meaningless. Therefore, a comprehensive reevaluation of these stipends is a required measure to ensure that those who have served our state with honour can live their remaining years with dignity and security.
Editorial
Another Look At Contributory Pension Scheme
In a report from the National Pension Commission (PenCom), it was disclosed that only 26 states in Ni-
geria have implemented the Contributory Pension Scheme (CPS), two decades after the Pension Reform Act (PRA) 2004 was passed. The report highlights the inconsistent espousal of the CPS across states, with some states partially adopting the scheme, others not yet participating, and some facing challenges in getting the bill approved in their state legislative assemblies.
In 2012, the Rivers State Government, under the leadership of former Governor Chibuike Rotimi Amaechi, embarked on a critical initiative by enforcing the Contributory Pension Scheme. This strategic move aimed to establish a sustainable pension system by requiring contributions from both the employer and the employee. The arrangement was designed to ensure that employees have a secured and reliable source of income post-retirement, fostering financial security and stability for the workforce.
Following the introduction of the plan, the government adopted a three-year transition that aimed to fully implement the scheme by 2015. During this transition period, the authorities focused on educating both employers and employees about the benefits and responsibilities of the CPS. This included workshops, seminars, and public awareness campaigns to ensure that all stakeholders were well-informed about the scheme.
The creation of the CPS represents an important milestone in the ongoing efforts to overhaul and enhance the state’s pension system, aiming to establish a more robust and secure retirement savings framework for its workforce. The primary objectives of the CPS are to effectively tackle the inherent shortcomings of the former pension system, including limited coverage, insufficient benefits, and financial uncertainty. This strategic framework is designed to ensure that employees receive sustainable and dependable retirement benefits.
However, to ensure fairness and protect the rights of all workers, it is imperative that the effective date of the contributory pension law be prospective, applying only to workers hired in or after 2012. This would allow those employed before 2012 to continue to benefit from the provisions of theDefined Benefit Scheme (DBS), while ensuring that new hirees are subject to the updated pension provisions.
Unfortunately, the pension programme has experienced several challenges. Despite monthly deductions being taken from civil servants’ salaries for their counterpart funding, the government has not fulfilled its obligation to contribute its share. This has impeded the advancement of the scheme and has left many civil servants without sufficient pension arrangements upon retirement.
As a result, the state pension law has undergone multiple revisions to address the issue of retiring civil servants who ordinarily should be covered by the contributory scheme. The amendments have aimed to accommodate these individuals within the DBS which provides a guaranteed level of pension, based on years of service and salary grade level.
The inability of the contributory pension scheme to gain traction has sparked worries about the long-term viability of the state pension system. The absence of government contributions has resulted in a funding shortfall that jeopardises the government’s capacity to fulfil its pension commitments to employees in the future.
Even if the CPS was created to address the perceived shortcomings and lack of sufficient funding of the DBS by combining funds from employers and employees’ contributions to pension funds custodians, retirees under the scheme have not experienced better outcomes than those who retired under the DBS. On the contrary, the execution of the CPS is different from what its advocates led employees to expect.
The complaints regarding the implementation of the CPS are varied and concerning. Retirees are underpaid despite years of dedicated service, with some having served for the mandatory 35 years. Corruption is rampant within the system, and many state governments and employers are not complying with the provisions of the Reform Act, 2014. Labour leaders in the country have criticised the scheme as being anti-workers and retirees welfare. The Association of Senior Civil Servants of Nigeria (ASCSN) has even called for the scheme to be scrapped, labelling it as a “huge fraud.”
Similarly, we urge the Rivers State Governor, Siminalayi Fubara, to completely abolish the contributory pension scheme in the state, as it will not benefit civil servants. We are particularly concerned about the future of workers who will retire under this scheme, especially since the current legislation allowing for the Defined Benefit Scheme will be obsolete in June next year, when the contributory pension law will be effective.
Moreover, the state government is deducting and remitting workers’ contributions to the pension scheme, but failing to contribute their own counterpart funds as required by law. This action is a violation of the rights of contributors as outlined in section 4(1) of the Pension Reform Act 2014. According to this section, employers are mandated to contribute a minimum of 10 per cent of an employee’s monthly salary to their pension fund administrators. Employers are also required to deduct a minimum of eight per cent from the employee’s salary and remit it to the fund administrator.
A government that supports labour rights, like the current one, should not allow workers to suffer from a failed retirement scheme. Workers who are close to retirement age should not have to face unnecessary challenges. The failure of the scheme is evident from the number of agencies that have withdrawn from it. Therefore, it is important for the state leadership to revoke the legislation.
Unlike previous administrations that may have disregarded the experiences of workers in the state, the present government has consistently recognised and appreciated their contributions. The labour-friendly policies of this government have shown its dedication to the well-being of workers. However, the failed retirement scheme remains a critical issue that needs to be addressed.
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