FG Insists on Right to Produce Head of West African Gas Authority

Says action not in breach of regional treaty

The federal government has insisted that it wasn’t in breach of any part of the treaty setting up the West African Gas Pipeline Authority (WAGPA) by the selection of a Nigerian to head the organisation.

WAGPA is an international institution established by the treaty on the West African Gas Pipeline (WAGP) Project signed by the Heads of States of the Republics of Benin, Ghana, Nigeria and Togo.

But it was gathered that the selection of a Nigerian, Ms. Chaqualified fari Kanya, had raised eyebrows within the regional body , with the francophone countries insisting that Nigeria cannot have both the headquarters and the director general simultaneously.

THISDAY learnt that Nigeria’s argument is that no part of the international agreement imposes any obligation on members of the organisation to forfeit their right to produce the DG even if the head office is situated in their country.

The pipelines project is run by the West African Gas Pipeline Company limited (WAPCo), jointly owned by Chevron (36.7 per cent), Nigerian National Petroleum Company (NNPC) (25 per cent), Shell Overseas Holdings Limited (18 per cent), Takoradi Power Company Limited (16.3 per cent), Société Togolaise de Gaz (2 per cent) and et Société BenGaz (2 per cent).

Speaking at the meeting of the Committee of Ministers (CoM) of WAGP in Abuja, Minister of State, Petroleum Resources, Mr Timipre Sylva, maintained that the Accra resolution of November 2021, to move ahead with the appointment of a Nigerian as the head of the body remains very critical.

He called for the understanding of member nations, urging them to stick to the rules setting up the body.

“Dear colleagues, I know we have some differences in respect of the appointment of the DG but I am confident that through a common understanding, which has been the hallmark of this body, we will all agree to respect one another’s existing right under the WAGP Treaty.

“As parties to the treaty and the agreements, we should all be guided by the applicable provisions of these legal instruments especially section 4(2) of Article IV of the Treaty, which guides the appointment of the Director General of WAGPA.

“It is clear that section 4(2) of Article IV of the WAGP Treaty does not discriminate against any State Party in the appointment of the Director General of WAGPA and by my letter earlier to you my dear colleagues, I have conveyed this express position of the Treaty.

“In the circumstances therefore, I will seek the understanding and cooperation of all of us to be guided by the provisions of the Treaty in reaching a sustainable, profitable and fair decision on this matter.

“It cannot be argued otherwise that in a situation like this, to be guided by the Treaty, which brought the State Parties together is the most dependable internal mechanism provided for conflict resolution,” the minister pointed out.

According to him, it would be most unfair to disregard an applicable provision of the treaty in violation of the existing right of one of the parties to the treaty, which is Nigeria.

“I am certain that as committed signatories to the treaty, we shall not find any difficulty in allowing section 4(2) of Article IV of the Treaty to resolve the issue of the appointment of the Director General for all of us.

“If section 4(2) of Article IV of the Treaty says a Nigerian is not to be appointed the Director General, then such agreement must be kept and be upheld.

“But if section 4(2) of Article IV of the Treaty is to the effect that Nigeria is qualified, then, there need not to be further objection against what section 4(2) of Article IV of the Treaty plainly stated,” he argued.

Sylva noted that the meeting was coming at a very critical time especially the changing sociopolitical landscape occasioned by the Russian-Ukrainian war that has put pressure on global gas demands across Europe.

Noting that the organisation was set up to ramp up cross border natural gas transportation, he pointed out that since inception, the Takoradi-Tema Interconnection Project (TTIP) and the lifting of force majeure that was in place by Nigeria Gas Company (NGC) between June 2013 and October, 2020 had been achieved.

In addition, he listed the reforms of the Access Code to the WAGP Network Code and the ongoing amendment to the WAGP Act and the WAGP Regulations to give licencing power to WAGP Authority to oversee the activities of the Shippers as some other milestones.

“We will as a nation continue to work with all stakeholders for the improvement of the project performance. I must dare say that we have not done badly in our collective quests to realise these laudable objectives,” he said.