Your Excellency, I write on the need for a Bill On Anti-Bunkering Act, 2023 and Establishment of an Anti-Bunkering Department in Presidency under the supervision of the National Security Adviser. As a trained geologist and a peace and security scholar with in-depth research work on oil pipeline security in Nigeria and Illegal oil bunkering and the challenges of maritime security in Nigeria, may I state that I have a few suggestions to your government. The research studies I carried out afforded me an opportunity to investigate the activities of the illegal oil bunkers on the high sea to enable me have a first hand research information and experience on monitoring, patrol and interrogate the process and implication on national security and development in Nigeria. At the end of my three weeks observation on the high sea, it was extensively revealed without any ambiguity that behind oil theft in Nigeria are some powerful political leaders, some serving and retired military generals, and other sister security agencies in collaboration with the communities, and multinational oil companies. Others thrive on oil subsidy and oil swap businesses, fraudulently enriching themselves through the process.
To a large extent, this explains the challenges being faced by the statutory agencies constitutionally saddled with the responsibility of securing oil pipelines, oil theft, illegal oil bunkering and non functionality of refineries in Nigeria. It is equally important to mention that many of the illegal bunkering activities are done in connivance with government workers. It is a case of custodians of national treasures stealing the treasures they are paid to secure. It is the same people saddled with the responsibility or authorised to protect the interest of government that are collaborating with these oil thieves and their international conspirators. The conclusion in my research work is that oil theft in Nigeria is stealing by or aided by the legally recognised bodies in the polity.
There is no accurate metering on most of the oil terminals; there is also no proper documentation of oil transactions. It is suggested in the study that government should use oligopolistic influence by engaging multinational oil companies to work out an agreeable modality for installing meters at the wellheads, flow stations and export terminals with a view to ascertaining the quantity control of oil in the country. It has also become imperative to urgently review the existing laws, identify the lacuna and make recommendations to fill the identified gaps in existing laws. The Nigerian government has enacted several laws and regulations to combat oil bunkering and its associated crimes. Some of these laws are: The Petroleum Act of 1969, which vests the ownership and control of all petroleum resources in the Federal Government and prohibits any person from exploring, producing, refining, transporting, or storing petroleum without a license or permit from the Minister of Petroleum Resources. There is also the Miscellaneous Offences Act of 1983, which prescribes a minimum sentence of 21 years imprisonment for anyone who damages or interferes with any oil pipeline, installation, or facility. Thirdly is the Economic and Financial Crimes Commission (EFCC) Act of 2004, which empowers the EFCC to investigate and prosecute offences relating to economic and financial crimes, including oil theft and money laundering.
In addition are the Criminal Code Act of 2004, which defines oil bunkering as a felony and imposes a maximum penalty of life imprisonment for anyone who commits or attempts to commit the offence; and the Pipeline and Product Marketing Company (PPMC) Anti-Vandalism Task Force Order of 2012, which authorises the PPMC to establish a task force to protect its pipelines and products from vandalism and theft. These laws are aimed at deterring and punishing oil bunkering activities and ensuring the protection of Nigeria’s oil assets and revenues. However, the enforcement of these laws faces many challenges, such as corruption, lack of coordination among security agencies, inadequate equipment and personnel, and complicity of some local communities and officials. Therefore, there is a need for more effective enforcement of these laws, as well as increasing public awareness and participation in the fight against oil bunkering in Nigeria.
Part of the recommendation of the research study published on 19th November, 2019 include a bill on Anti-Bunkering Act (ABA). This is to accelerate investigation and prosecution of arrested illegal oil bunkers and to further strengthen the judiciary as a way of mitigating illegal oil bunkering and oil theft and curb the economic losses of the Nigerian State in the hands of a few. The department will also synergise, through intelligence sharing, threat analysis, and coordinate the activities of the anti-bunkering departments in all the security agencies such as Nigeria Army, Navy, Nigeria Police Force, Nigeria Security and Civil Defence Corps, Nigeria Maritime Security Agency, Nigeria Custom Services among others with the responsibility of minimizing the menace. I am encouraged to put this forward to further give support to His Excellency, Mr President, in combating this cancerous fabric, feeding fat on the economy of Nigerian State with past military leaders failing to intervene.
- Adetunberu, PhD, President-In- Council of the Institute of Global Peace and Conflict Management, writes in via adetunberuoludotun1973@gmail.com.
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