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Senate and Petroleum Industry Bill

Published by Guardian on Mon, 17 Oct 2011


AT the inauguration of Committees of the Seventh Senate, Senate President David Mark shed crocodile tears over the failure of the Sixth Senate to pass the Petroleum Industry Bill (PIB) into law.Instead of showing genuine remorse by apologising to Nigerians, Mark offered excuses, which only reflected the poor quality of the leadership that the Sixth Senate (under him) had given to the Legislature.The PIB was the culmination of plans by the Executive arm of government to reform the petroleum sector. The process began with the setting up of the Oil and Gas Sector Reform Implementation Committee in 2000. The Bill was presented to the National Assembly (NASS) in 2008. In the assessment of the Senate President, the PIB represented the Bible of the petroleum industry. He noted that the economy and the actualisation of Vision 20-2020 depended on the petroleum industry. Despite that realisation, Mark explained that the Senate withheld passing the Bill for two reasons, namely, that interest groups had circulated different versions of the Bill to legislators and what could be inferred as lack of co-operation by the Executive with the Legislative arm.Both excuses are hollow and cast doubts on the Senate's sincerity of purpose. Regarding the first reason, by procedure, the original or Executive version of any Bill is delivered directly to the Senate President and/or the Speaker of the House of Representatives with a prayer that the Bill be considered and passed early for presidential assent. The Executive version would ordinarily bear authenticating and security features. The NASS leadership has the responsibility to reproduce the document using specialised NASS stationery for circulation to legislators through trusted in-house channel. Therefore, the revelation that legislators were in possession of three or four PIB versions is an admission of security breach in the National Assembly for which culpable schedule officers should have been sanctioned. The occurrence reflects poorly on the Senate President himself. Incidentally, during the Second Republic, the NASS published in the official gazette the draft Bill received from the Executive. Why was the practice discontinued'Notwithstanding its unwholesomeness, the circulation of three or four PIB versions was not fatal to the processes of enacting the much-desired law for the petroleum sector; it only increased the printed alternative draft laws before legislators. Surely, it was not intended for the National Assembly to merely rubberstamp the Executive version. Nor does any Bill passed by the Legislature that is sent for presidential assent necessarily enjoy the agreement of all legislators. Legislators freely canvass differing positions on the various clauses of a Bill. Although individual legislator's standpoints are not compiled for circulation, they may be construed as working or debating versions of any draft law under consideration. In effect, there could be as many versions as there are legislators. The virtual number is compounded when public hearings take place. In the end, the positions on specific clauses of a Bill that are acceptable to the majority of members as expressed by voting or acclamation in either Legislative chamber are set down as the passed Bill which (after possible harmonisation) is returned to Mr. President for his assent.With regard to the second reason, for three long years, the Senate together with the House of Representatives did not send a passed PIB copy for presidential assent. Therefore, Mark's charge of lack of co-operation between the Executive and Legislative arms in the ordinary sense of the word 'co-operation' should be borne solely by the Legislature. However, to the initiated into goings-on in the National Assembly, the co-operation sought from the Executive arm is a metaphor for possible inducement. Indeed, some civil society groups did squeal that the NASS had allegedly demanded over N10 billion from the Executive arm as quid pro quo for passing the PIB. The National Assembly demurred, but it could not deny the bribe received from international oil companies in the form of a seminar organised for key members of the Legislature in Accra, Ghana. Such events come with unseen extras (both financial and in kind) for the targeted individuals whether or not they attended the seminar.We strongly condemn the penchant of federal legislators for corrupt self-enrichment at the expense of making laws for good governance of the federation. Having acknowledged the vital importance of the petroleum industry to the country, the Seventh Senate should outgrow all inducements, stop stonewalling and lead the National Assembly to quickly pass the Petroleum Industry Bill in order to provide the basis for taking firm decisions on the much needed investment in the petroleum sector.
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