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An appraisal of the legal framework for the privatization and reform programme for the energy sector in nigeria

 

Table Of Contents


  • Title page — — — — — — —Declaration — — — — — — —Certification — — — — — — —Dedication — — — — — — —Acknowledgement — — — — — — —Table of Statutes — — — — — — —Abstract — — — — — — —Table of Content — — — — — — —

Chapter ONE

INTRODUCTION

  • GENERAL INTRODUCTION
  • 1.1Introduction — — — — — — — 1
  • 1.2Statement of the problem — — — — — — 11
  • 1.3Aims and objectives of the study — — — — — 12
  • 1.4Methodology — — — — — — — 14
  • 1.5Scope and limitations of the study — — — — — 14
  • 1.6Literature Review — — — — — — — 15

Chapter TWO

LITERATURE REVIEW

  • 2.1Overview of the Petroleum industry in Nigeria — — — 23
  • 2.2Past and Present Legislations Governing the Petroleum Industry– 24
  • 2.3Legal Framework Governing Contractual Relationship/ Arrangement in the upstream sector (exploration and production of petroleum in a contract area)– — — — 27
  • 2.4Key Terminologies used in production Sharing Contracts (PSCS) — — — — — — — 33
  • 2.5Rights held by parties of oil concession — — — — 35
  • 2.6Features of Joint Venture Arrangements — — — 39

Chapter THREE

RESEARCH METHODOLOGY

  • 3.1Legal Framework for Power Sector Reform in Nigeria — 43
  • 3.2Evolution of new legal framework for power sector– — 44
  • 3.3Legal Framework Established Pursuant to The Electric Power Sector Reform Act No 6 2005 — — 46
  • 3.4Review of key Provisions of the Electric Power Sector Reform (EPSR) Act No. 6, 2005 — — — 47
  • 3.5Objects, Powers and Functions of NERC — — — 47
  • 3.6Key Operational Documents — — — — — 50
  • 3.7Electricity License — — — — — — 52
  • 3.8Fiscal Incentives for Electricity Generation Companies Utilizing Gas Fuel . — — — — — 53
  • 3.9Key Achievements/Milestone Recorded in the reform of the electricity power sector —- — — — — 55
  • 3.10Appraisal of Challenges of the Reform of the Electricity Power Sector — — — — — — 58

Chapter FOUR

DATA PRESENTATION AND ANALYSIS

  • CURRENT EFFORT AT PRIVATIZING THE ELECTRIC POWER SECTOR INDUSTRY
  • 4.1Introduction — — — — — — — 61
  • 4.2Legal Framework for Privatization of Public Utilities — 66
  • 4.3Other Relevant Laws Regulating the Privatization Programme — — — — — — — 72
  • 4.4Highlight of the Road Map for the Power Sector — — 75
  • 4.5Appraisal of the Legal Framework for the Privatization Programme — — — — — — — 80
  • 4.6The Role of the Legislature in the Privatization Programmes — — — — — — 84

Chapter FIVE

SUMMARY, CONCLUSION AND RECOMMENDATIONS

  • 5.1APPRAISAL OF THE IMPLEMENTATION OF OIL AND INDUSTRY REFORM AND INSTITUTIONAL RESTRUCTURING IN NIGERIA
  • 5.2Introduction — — — — — — 89
  • 5.3A Synopsis of the Ogic Report — — — — — 91
  • 5.4National Petroleum Directorate (NPD) — — — 93
  • 5.5Nigerian Petroleum Inspectorate (NPI) — — — 95
  • 5.6Petroleum Products/Regulatory Authority (PPRA) — — 96
  • 5.7Nigerian National Petroleum Corporation (NNPC Ltd) — 97
  • 5.8National Petroleum Assets Management Agency (NAPAMA) 99
  • 5.9National Petroleum Research Centre (NPRC) — — 100
  • 5.10Key Proposal Introduced by the Petroleum Industry Bill– 102 CHAPTER SIX SUMMARY, FINDINGS, CONCLUSION AND RECOMMENDATIONS
  • 6.1Findings — — — — — — 104
  • 6.2Conclusion — — — — — — 105
  • 6.3Recommendations — — — — — — 107 Bibliography — — — — — — 114

Thesis Abstract

This Research Study titled “AN APPRAISAL OF THE LEGAL FRAMEWORK FOR THE PRIVATIZATION AND REFORM PROGRAMME FOR THE ENERGY SECTOR IN NIGERIA” was chosen after a careful review of the process and nature of the legal framework put in place in some relevant Nigeria legislations such as the Public Enterprises (Privatization and Commercialization Act) Laws of the Federation of Nigeria (LFN) 2004 (being the governing law on privatization of public enterprises) and the Electric Power Sector Reform Act No 6 2005, which provides the legal framework for the reform of the Energy Utilities in Nigeria. The Research Study explains the rationale for the implementation of the Privatization Programme in Nigeria, discusses the legal framework put in place for its implementation in order to guarantees investors’ confidence in the privatization programme and processes which should be open, transparent and sustainable as well as backed up by a strong will demonstrated by the Government at the centre. The Research Study provides an overview of the energy sector in Nigeria to include majorly, the electric power sector and the oil and gas industry and touches on the various policies and Legal Frameworks established for the privatization and reform of the Electricity Sector in Nigeria. In the same vein, the research study also highlight the key provisions of some relevant Laws that guide exploration and production of oil and gas in Nigeria over the past years such as the Petroleum Act, 2004 and the Deep Offshore, Inland Basin Production Sharing Contract Act 2004 (DOA), Petroleum (Drilling and Production) Regulations 1995 to name a few. The Research Study presents a critical appraisal of the various legal provisions that govern the regulatory institutions, evaluates the achievements or performance of the regulatory institutions (in relation to their regulatory mandates) set up to implement the Federal Government of Nigeria’s privatization programme for the electricity sector and reform of the sector, and suggest or recommend ways of improving on the effectiveness/efficiency of these institutions going forward. The Research Study stressed the critical relevance of the reform of the Energy Sector in Nigeria to the sustenance and growth of the national economy and therefore strongly recommend amongst others, the vigorous execution of the FGN’s reform programme for the energy sector and the strengthening of regulatory capacities of the agencies and institutions of Government that have been mandated to execute the said reform programmes. The Research Study noted that it was therefore imperative that scheduled timelines for specific privatization milestones are strictly adhered to and pursued with the seriousness it deserve and for the overall benefit of Nigerians. The Nigerian Energy Sector has suffered serious setback arising from poor infrastructure situation and improper handling and management of Energy Utilities hence the call for a reform of the sector, the objective of this thesis is to take an academic excursion into the nature of legal framework that exist and support the privatization and reform of the said Energy sector in Nigeria and make far reaching recommendations on how to strengthen the governing legal framework for the Energy sector in Nigeria which for purpose of this study is restricted to the Electricity Power Sector and to some extent, suggest or make recommendations on the proposed oil and gas sector reform in Nigeria. This research work was chosen with the aim of broadening knowledge and academic literature on privatization and reform of the Energy Sector in Nigeria generally and in particular, provide a medium for making specific academic contributions towards developing legal issues arising from the legal framework for the privatization and reform of the said Energy Sector Nigeria.

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