'GOVERNOR OBASEKI’S DETERMINED TO END HUMAN TRAFFICKING IN EDO STATE'

than other states. What we do have, are high incidences of human trafficking, and large numbers of people travelling abroad as illegal immigrants, who often end up being trafficked, Why this is so, is unclear. As I have said earlier, economic reasons are insufficient to explain away this peculiarity. The Taskforce is actively gathering data, and both conducting and supporting research that examines root causes.

Nigeria has not abolished the death penalty, and it still applies in Edo state. Criminals who are found guilty of crimes punishable with death, and who are sentenced by the court, will be executed unless they are pardoned by the Governor, in the exercise of his constitutional powers.

How are you handling the issue of prison decongestion in your State, or do you just see it as a Federal Government problem like some other States?

Prison decongestion, is a major objective of the Federal Government and of my Governor. It is a Nigerian problem, which both the Federal and State Governments must confront. On the 1st October, 2017, Governor Obaseki declared that 70 prisoners should be released, which I did, using the Attorney-General’s powers of nolle prosequi. Coincidentally, I came in as Attorney-General with prison decongestion as one of my personal aims, and a few weeks after I assumed office, I paid a visit to Central and Oko Prisons in Benin, to have a first-hand view of the problems. Overcrowding is definitely a problem which is accentuated by the fact that so many of the people in prison –those awaiting trial- do not belong there. Prison decongestion, is one of the aims of the Ministry of Justice, and we are currently making it part of the decision-making process for prosecuting State Counsel.

As a Professor of Energy Law, kindly, give us a brief overview of the important aspects of the Petroleum Industry Bill (PIB). What is the difference between the PIB and the Petroleum Governance Bill (PIGB) which was passed by the National Assembly last year? Why pass the PIGB and not the whole PIB? What is the benefit of the PIGB? Some claim that Nigeria is losing billions of dollars with the non-passing of the PIB, because for instance, the majors just flare gas and are not made to pay for the gas that comes out from their oil activities, whether or not they choose to harness it or not. I once attended an oil and gas summit where the statistics that were provided there, claimed that the quantity of gas that was being wasted in flaring in Nigeria, was much more than what made Trinidad & Tobago Number 4 or so world supplier of gas at the time.

As you have said, I am a Professor of Energy Law, and have researched and written in the area, nationally and internationally, for decades. I haven’t stopped., even though I am unlikely to write anything of great import while I am Attorney-General. However, I completed my most recent work, and I believe, one of my most important, during my first few months in Edo, and it is coming out from Oxford University Press in a few weeks’ time. For this question, I am speaking in that capacity right now, not as Attorney-General, so my opinion should not in any way be taken as reflecting on Edo State.

The Petroleum Industry Governance Bill (PIGB), deals with proposed new institutions of a reformed petroleum industry, without providing the operating framework, or the fiscals. This means that a new legal framework for Nigeria’s petroleum industry has not been created, the status quo hasn’t really changed, and that (to give an example), the structures that regulate Nigeria’s gas reserves will continue to remain inadequate. And of course, the primary innovation- the Host Communities Bill- remains in the pipeline. Definitely, the passage of any type of reform bill is a newsworthy item. Whether it is cause for celebration, considering the ‘plastic-fantastic,’ motionless motion, and smokescreen activities that have characterised Nigerian reform activities in the past, is another matter. If any other bill gets passed before 2019, then maybe I will start to dust my dancing shoes.

I was a foundation member of the Oil and Gas Sector Reform and Implementation Committee set up by President Obasanjo in the early 2000s, until the end of that Administration in 2007. I was also on the Committee of the same name, set up by President Yar’Adua, and during that Committee’s tenure, I was the Chairperson of the Legal and Regulatory subcommittee, which drafted the first Petroleum Industry Bill. That bill wasn’t passed, because of excessive politics and interference from certain quarters. Another attempt was made during the tenure of President Jonathan, but it was also unsuccessful, again because of hostilities from those who should have been promoting it. This time, the chosen route has been to fragment the PIB, based on the supposition that a reason for its non-passage was its size. However, the earlier decision to draft an omnibus large bill, was premised on the feeling that one large inevitable fight was preferable to several skirmishes, as the passage of each of the bills dealing with the different sectors, was bound to involve huge fights each time. Also, we knew that the legal, managerial and administrative structures of the Nigerian petroleum industry, were (and still are), totally dysfunctional and not in the nation’s best interests, and that for Nigeria, there is no alternative to reform. Significantly, we knew that the passage of one bill in the absence of others, would not create the needed legal framework to facilitate the emergence of a viable petroleum industry that advanced the interests of Nigeria and Nigerians.

Nigeria has been losing billions of dollars over the years, because of the state of the industry. This is now an open fact, with all the discoveries of losses and leakages that have come out during the tenure of President Buhari. I hope that we will learn before our reserves run dry, and while crude oil still has some international significance. I am pained by the fact that, we are still grappling with basic reform issues, while the world is moving towards cars that are powered by renewables, and the electric car is on the rise in so many parts of the world. I hope that Nigeria wakes up, before crude oil loses its relevance. Life beyond oil is definitely on the horizon.

Nigeria has immense untapped natural gas reserves. As my very dear boss Dr Rilwanu Lukman is reputed to have said, ‘Nigeria is a gas province with some oil in it.’ It is tragic, that we have continued to dissipate such a precious resource for decades. The good news is that it is being utilised more in the country, including in Edo. We are optimistic that, thanks to our being a natural gas hub, these resources will contribute significantly to our economic growth, and to the successful lighting up of the entire State.

Edo was categorised as an oil producing State by the Obasanjo regime in 2000. With the ongoing plans by the Federal Government to license modular refineries, what are your plans to ensure that Edo State benefits from this economic initiative?

This area is really the province of the Commissioner of Energy and Natural Resources, and therefore, is outside my area of operation, even though I am an Energy Lawyer. However, as Commissioner for Justice, I have to ensure that the State provides an enabling environment for businesses to thrive, and that all agreements executed with the State, are inconformity with its objectives and aspirations.

As a former Legal Adviser to NNPC, what solutions would you proffer to overcome this recurring fuel shortage problem in the country? Is the present pump price of fuel realistic? Some say it is unrealistic to sell fuel in Lagos and outside Lagos at the same price, as there are higher costs involved in landing products outside Lagos. Kindly, comment on this.

Again, I am speaking personally, not as Attorney-General. This is a great question. I guess the real questions are: 1) why is Nigeria still a major importer of downstream products, notwithstanding its comparatively sizeable petroleum reserves? 2) Why must NNPC have such a firm grip on the products market? I don’t think equalisation is the problem really. The decision as to uniform pricing or not, is a business decision, not necessarily a political one. Companies regularly equalise, which is why many commodities are sold at the same price all over the country, in practically all countries, irrespective of distances from the area of production. Its more a problem of policy and management.

Recently, there was an issue between the Managing Director of NNPC and the Minister of State of Petroleum, who is also the Chairman of the Board of NNPC. Having worked as the Legal Adviser to the Corporation, were the issues raised by the Minister germane? What would be the correct procedure for the approval for contracts and activities that the Minister complained about to be carried out?

No comment, please. This is a matter between the parties and their institutions.

There has been this worrisome restiveness in southern Edo State, with Ijaw communities, over border disputes. Not much has been heard from the State Government. Does the State not have any border dispute resolution committee to address this, so that it doesn’t degenerate into a full-blown crisis?

Edo state has a Boundary Committee headed by the Deputy Governor, His Excellency Philip Shuaibu. I am a member, and I can tell you that the Committee is doing some good work. Edo definitely has no intention of allowing the escalation of any brewing boundary controversies.

“THE PETROLEUM INDUSTRY GOVERNANCE BILL (PIGB), DEALS WITH PROPOSED NEW INSTITUTIONS OF A REFORMED PETROLEUM INDUSTRY, WITHOUT PROVIDING THE OPERATING FRAMEWORK, OR THE FISCALS. THIS MEANS THAT A NEW LEGAL FRAMEWORK FOR NIGERIA’S PETROLEUM INDUSTRY HAS NOT BEEN CREATED, THE STATUS QUO HASN’T REALLY CHANGED”