THISDAY

As NNPC’s Kyari Navigates on Transparen­cy

The number of litigation on hanging over Shell Petroleum Developmen­t Company and its parent company, Royal Dutch Shell, many fear could threaten its operations in Nigeria, if not Davidson Iriekpen properly managed, writes

- Ikechukwu Okorafor Okorafor writes from Lagos.

National Oil Companies (NOCs) in Africa stand on the brink of signiÀcant disruption as a new era of structural­ly lower oil prices challenges business models that have long relied largely on exploratio­n and production of hydrocarbo­ns, especially crude oil.

This scenario fundamenta­lly puts Mallam Mele Kolo Kyari, the Group Managing Director of the Nigerian National Petroleum Corporatio­n (NNPC), on the spot. Especially so, as the unassuming geologist, whose tour of duty has traversed the entire value chain of the petroleum industry, approaches his second year anniversar­y on the saddle. He was appointed GMD by President Muhammadu Buhari, on 8th July 2019.

Perhaps currently charting his toughest course in the transforma­tion eͿort of an industry where he has spent much of his profession­al life in, Kyari has since responded to his top-draw responsibi­lity by quickly taking charge and working in close synergy with his corporatio­n’s oversight Ministry, the Ministry of Petroleum Resources. Within his 19-month trajectory, he has clearly demonstrat­ed a fundamenta­l grasp of what fossil energy means and the imperative of adroit governance of the giant National Oil Company.

He set sail by deÀning a clear vision to transform the NNPC and sending an unequivoca­l message that the corporatio­n’s lukewarm governance narratives of the past are gone for good. With Kyari’s new vision for the corporatio­n boldly anchored on the principle of Transparen­cy, Accountabi­lity, Performanc­e and Excellence (TAPE), he set sail. Rallying both staͿ and critical industry stakeholde­rs to join the common cause, he stressed that going forward - excuses for poor performanc­e were simply unacceptab­le. According to the new boss, “We either deliver or walk away in shame.” Most importantl­y, he is walking his talk, hence, the positive impact and changes to the new ways of doing things in the Corporatio­n.

Besides its role as the bedrock of the Nigerian economy, the petroleum industry has been one of the key deÀning phenomena of the country’s post-independen­ce history. This fact centralize­s NNPC in the nation’s political economy, given the corporatio­n’s assigned role in the industry.

Perhaps, this unique centrality of the corporatio­n in the Nigerian state has spawned its fair share of challenges and reproach. A 2010 joint report by Transparen­cy Internatio­nal and Revenue Watch Institute found that NNPC had the poorest transparen­cy record out of 44 national and internatio­nal energy companies examined.

Beyond TI’s report, today’s disruption is happening at a scale and speed unpreceden­ted in modern history. From the petroleum industry to several critical sectors - business models are supending operations around the globe, and leaders are struggling to cope.

Put simply, to thrive in the murky waters of rapid technology and business model changes, organizati­ons require the right leadership. For any leader, having a clear vision and articulati­ng it well is a core competency.

A powerful vision pulls in ideas, people and other resources. It creates the energy and will to make change happen. It inspires individual­s and organizati­ons to commit, to persist and to give their best. This turf incidental­ly is Mele Kyari’s forte - vision, discipline, persistenc­e, humility and focus.

One of the most important governance initiative­s that have dealt a death blow to the corporatio­n’s reputation of extreme operationa­l opacity is “Operation White.” It is a presidenti­al-mandated collaborat­ive initiative driven by NNPC with the active participat­ion of regulatory and security agencies as well as other stakeholde­rs in ensuring that all molecules of regulated petroleum products imported by NNPC are well accounted for and utilised in the country. This initiative eͿectively ended the era of lack of transparen­cy in the corporatio­n’s governance style.

According to Kyari, as a control mechanism, the ‘Operation White’ has so far produced signiÀcant results as the corporatio­n now clearly knows the areas of losses as well as reliabilit­y and integrity status of each and every facility under its control.

In June 2020, for the Àrst time in 43 years, the Kyari-led NNPC released the 2018 Audited Financial Statements - and subsequent­ly 2019 - to the public for scrutiny, earning plaudits for the corporatio­n from members of the public.

Not surprising­ly, on account of this unpreceden­ted governance positive, top industry players, eminent stakeholde­rs and the conservati­ve Nigeria Extractive Industries Transparen­cy Initiative (NEITI) lauded the decision of NNPC to make public its audited accounts for the Àrst time in its history with the publicatio­n of its 2018 and 2019 Audited Financial Statement (AFS) on its website.

Even the ravages and disruption­s of the dreaded Novel Coronaviru­s pandemic (COVID-19) have not derailed the focus and integrity of service delivery and operationa­l stability and reasoned interventi­ons by Mallam Kyari the earthy, humble leader who has notched 19 eventful months in o΀ce as the Group Managing Director of the NNPC.

SigniÀcant­ly, early in February, the NNPC again expressed its commitment to moving the national oil company from its opaque past towards being a more transparen­t global organisati­on. Speaking when he received the “Government Agency of the Year 2020 (Transparen­cy)” from the New Telegraph Newspaper, an elated GMDNNPC Kyari said the company had since realised that it pays to be transparen­t and accountabl­e at all times.

He reiterated management’s resolve to drive the corporatio­n along the line of Transparen­cy, Accountabi­lity & Performanc­e Excellence (TAPE) agenda, noting that the media interest in the activities of the corporatio­n and the oil and gas sector was a welcome developmen­t. Further, he expressed delight that eͿorts of the management to entrench the culture of transparen­cy in the system have begun to receive recognitio­n within and outside the corporatio­n.

Earlier in January, an appreciati­ve Governor Ifeanyi Okowa of Delta State had also felicitate­d with the GMD-NNPC during his 56th birthday and commended his eͿorts in achieving great reforms at the NNPC.

Okowa noted that the Corporatio­n, under the management of the GMD has attained 1.5 billion Standard Cubic Feet production per day and its equity production at 1.38 billion cubic feet of gas per day as at November 2020.

His words: “Malam Kyari’s leadership at the NNPC as its 19th Chief Executive has been largely characteri­sed by outstandin­g vision in commitment to e΀ciency, openness, transparen­cy and prudence in service delivery geared at attaining the objectives of the corporatio­n and meeting the expectatio­ns of shareholde­rs.

“The NNPC and its joint venture partners under his leadership have continued to contribute to poverty reduction, economic and social developmen­t, especially in the Àght against COVID-19 pandemic.”

Okowa further noted that the Corporatio­n, with the Transparen­cy, Accountabi­lity and Performanc­e Excellence agenda, as introduced by the GMD has become more proÀtable over the years. According to the Delta governor, “Let me commend Malam Kyari and his team for what they are doing to improve on the operations of the NNPC. Kyari has continued to demonstrat­e transparen­cy and accountabi­lity by publishing the monthly operationa­l report of the

NNPC, with a step further of publishing its annual audited Ànancial statement, which had not been done in 43 years of its operations.

“Worthy of commendati­on is the Final Investment Decision on the four billiondol­lar NLNG Train 7 and his continued drive towards completing long-standing gas infrastruc­ture projects such as the EscravosLa­gos Pipeline System Phase 2 and ObiafuObri­kom-Oben gas pipeline.”

The public perception of NNPC has clearly changed in recent times. The credit goes to the eͿorts of Mallam Kyari and his management team – especially on the transparen­cy turf.

According to advocates of corporate ethics, one key eͿect of transparen­cy on any organizati­on, besides showcasing its honesty and integrity, is that it helps to scale up performanc­e as well as put managers on their toes to do their best knowing that there is no room to hide their ine΀ciencies.

A scrutiny of the NNPC’s 2019 audited Ànancial account further authentica­tes of the theory that commitment to transparen­cy leads to achievemen­t of improved performanc­e. For example, the Corporatio­n reported a huge reduction in losses as it posted a loss of N1.7 billion in 2019 as against N803 billion losses reported in 2018.

Although, there remains considerab­le room for improvemen­t, it is indisputab­le that the huge cut in losses is indicative of an emerging new era of growth for the Corporatio­n. Further data of how the cost optimisati­on was achieved in the 2019 AFS revealed that general administra­tive expenses was trimmed down from N894 billion in 2018 to N696 billion translatin­g into a positive variance of 22 per cent.

More, the majority of NNPC’s subsidiari­es posted improved performanc­e namely, the Nigerian Petroleum Developmen­t Company Limited (NPDC) which recorded N479 billion proÀt in 2019 compared to N179 billion in 2018 representi­ng 167 per cent increase; the Integrated Data Services Limited (IDSL) recorded N23 billion proÀt in 2019 compared to N154 million in 2018 representi­ng 14,966 per cent increase; the Petroleum Products Marketing Company (PPMC) recorded N14.2 billion proÀt in 2019 compared to N9.3 billion in 2018 representi­ng 52 per cent increase; while the ReÀneries have maintained the same level of losses as in 2018 but which will reduce signiÀcant­ly in 2020 due to cost optimisati­on drive.

These disclosure­s were made by NNPC’s Chief Financial O΀cer (CFO), Mr. Umar Ajiya. According to him, the 2019 Ànancial year performanc­e was driven mainly by cost optimisati­on, contracts renegotiat­ion and operationa­l e΀ciency.

According to optimistic analysts, if the current trajectory is followed, it is possible that 2020 will see NNPC on a solid proÀt path since its management has sustained the drive to reduce cost, promote e΀ciency, and rev up proÀts.

Looking at the big picture, Nigerians remain optimistic that the NNPC is indeed on the march to fulÀll its glorious destiny as the biggest and most proÀtable national oil company in Africa. Navigating with transparen­cy is clearly the way to go.

These are not the best of times for Nigeria’s leading oil Àrm, Shell Petroleum Developmen­t Company of Nigeria Limited (SPDC), a subsidiary of Royal Dutch Shell. Since it commenced oil exploratio­n in Nigeria 65 years ago, never has it witnessed a barrage of litigation­s and judgments against it as it has done in the last four years. The oil giant, locally and internatio­nally, faces a litany of suits and compensati­ons that threaten its existence in Nigeria.

Last Thursday, an Upper Area Court in Abuja presided over by Justice Gambo Garba issued a criminal summons against the oil major and seven of its top executives for stealing 16 million barrels of crude oil through the use of a fraudulent and unapproved metering system. The executives summoned are Chibueze Uduanochie, Simon Ruddy, Bashir Bello, Osagie Okunbor, Igo Weli, Toyin Olagunji and Captain Callium Finlayson.

According to the summons dated February 25, the respondent­s should be in court on March 2 to answer the charge levelled against them by the complainan­t. The suit, marked DC/CR/200/2021, was Àled by the African Initiative Against Abuse of Public Trust.

According to the suit, the group alleged that as operators of the Bonny Terminal, Shell installed an unapproved metering system which it claimed was temporary and which it manipulate­d to deliberate­ly understate the volume of crude oil that was injected into the terminal, thereby, short-changing the local oil companies, owners of the oil and the federal government the revenue due to them.

The oil companies include Belema Oil, Eroton, Aiteo, and Newcross.

Consequent­ly, the group is seeking an order of court convicting the Shell Executives for the criminal acts of conspiracy, theft, and cheating which violate Sections 97, 287, and 323 of the Penal Code Law Cap 89 Law of Northern Nigeria, 1963.

In the court papers, the group alleged that the Department of Petroleum Resources (DPR) has investigat­ed the allegation­s and indicted SPDC. It alleged that Shell admitted cheating the companies of about two million barrels and committed to refund the crude to the companies.

The group said they would press for the maximum punishment, six months in jail for conspiracy, Àve years for theft, and Àve years for cheating. Attached to the summons against top Shell executives is Shell’s letter admitting to using a non-sanctioned metering system and conÀrming the implementa­tion of refund of crude oil from the Trans Niger Pipeline (TNP) to the Nembe

Creek Trunk Line (NCTL), which proves there was alleged fraud by Shell, and other documents to support the facts of this case.

THISDAY gathered that after the oil major’s initial denial and pushback against the allegation, it admitted to the theft in a letter to the DPR dated February 8, 2021, captioned: ‘Re: Reallocati­on of Bonny Terminal Gross Volume from June 2016 to July 2018 Based on Comparison Of Metered Gross Volume Between Coriolis Meter and Lact Unit Installed on the NTCL.’

“We refer to your letter Ref: DMR/CTO/ COA/COM/V.5/045 dated January 28, 2021, in respect of the above subject. We note your directives as contained in the aboverefer­enced letter and wish to conÀrm that The Shell Petroleum Developmen­t Company of Nigeria Limited (SPDC) will implement the refund of the 2, 081, 678 barrels of crude oil from the Trans Niger Pipeline (TNP) injectors (SPDC, TEPNG, NDPR, and WSPOL) to the Nembe Crude Trunk Line (NTCL) injectors (Aiteo, Belemaoil, Eroton, and Newcross) over the period from the end of January 2021 till November 2021 in accordance with schedule III as contained in the Department of Petroleum Resources (DPR) letter Ref: DMR/CTO/COA/COM/V.5/230 dated December 14, 2020«,” the letter said.

Before the summons, sequel to the suit Àled by Aiteo Eastern E&P Company Limited,

a federal high court in Lagos had in January ordered the immediate blockage of its accounts operated in 20 banks over the alleged theft. The presiding judge of the court, Justice Oluremi Oguntoyibo, while giving the order in suit no FHC/L/ CS/52/2021, held that she was making the order pending the hearing of the motion and determinat­ion of the motion on notice for interlocut­ory injunction Àled before it by the indigenous company.

Justice Oguntoyibo further restrained SPDC and other defendants, including Royal Dutch Shell, Shell Western and Trading Company Limited, Shell Internatio­nal Trading, and Shipping Company Limited as well as Shell Nigeria Exploratio­n and Production Company Limited from withdrawin­g funds standing to their credit without Àrst “ringfencin­g” them to the value of the 16,050,000 barrels of crude oil.

According to the court, on no account must any transactio­n be carried out in the listed accounts without Àrst “ring-fencing any cash, bonds, deposits, all forms of negotiable instrument­s to the value of $2.7 billion and paying all standing credits to the Shell companies up to the value into an interest yielding account in the name of the chief registrar of the court, who is to hold the funds in trust” pending the hearing of the motion.

 ??  ?? Kyari
Kyari
 ??  ?? Shell engineers at the site of an oil spill in Ogoni land
Shell engineers at the site of an oil spill in Ogoni land

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