PTDFgate: NNPC’S Unclear Accounting for the Missing  $555m Bid Proceeds

By

Senior Fyneface

senior_fyneface@yahoo.com

 

 

 

When the late reggae superstar Bob Marley prophesied before he died that obviously, “This uprising will bring out the good in us”, little did he know that his prophesy will be fulfilled by the ongoing rift between President Olusegun Obasanjo and Vice President Atiku Abubakar over succession agenda.

 

Following the revelation that the Nigerian National Petroleum Corporation (NNPC) realized about $700 million as proceeds from the 2002/2003 licensing rounds and out of that money, about $555 million was withheld by President Olusegun Obasanjo, who since 1999 has been acting as the Petroleum Minister and sole administrator of the NNPC, the corporation has made serious attempts to clarify facts behind the figures.

 

The allegation was that only $145 million of the entire proceeds was released to the Petroleum Technology Development Fund PTDF accounts. However, in its reaction, the NNPC tried to explain that “payments were made to PTDF in due measure in accordance to the prevailing financial regulations as ordered by the President”.

 

The NNPC claimed that all funds meant for PTDF were remitted to the Fund’s account and in the reserve accounts held by the Fund at the Central Bank of Nigeria (CBN), in accordance with established financial control management.

 

This was NNPC clarified the facts of the matter: “The total signature bonus realizable from the blocks reduced from $724 million to $460 million from eight blocks as a result of litigation that trailed OPLs 249 and 322.


“Our record shows that the $222 million realized from the 2000 Bid Round has been fully paid to the Federal Government. We consider it appropriate to clarify issues relating to the alleged misappropriation and to provide relevant facts on the said Licensing Round.

“At the time the PTDF Act was established, it was not envisaged that huge amount of monies could be realized from signature bonuses. Consequently, following the 2000 Bid Round, in which large sums of money were offered, it became evident that the monies realized from the above stated 2000 Bid Round were far in excess of what was reasonably required for training as stipulated in the PTDF Act.

 

“It was on this note that the Office of the Petroleum Adviser, in December 2000, drew the attention of President Obasanjo to the monies realized and sought for an arrangement that would benefit other sectors of the economy. The President thereafter directed that the Federal Ministry of Finance and the Governor of CBN should deal with the issue raised by the Petroleum Adviser as appropriate.


“Consequently, the Government (President Obasanjo) decided to limit the amount of money payable directly to the PTDF Account with UBA to $100 million in any year.


“Thereafter, the Federal Ministry of Finance, acting in accordance with the rules made pursuant to section 23 of the Finance (Control and Management) Act and as permitted under Section 3 of the PTDF Act, established an account designated as PTDF Reserve Accounts held by the CBN and managed by the Accountant General of the Federation, in CBN Lagos and Abuja (for Naira payments) and FGN Reserve Account in New York (foreign payments). This arrangement is further supported by Section 80(3) of the Constitution”.

 

NNPC said out of the 10 blocks placed on offer, two blocks, namely OPLs 249 and 322, were subject of litigations and were therefore not awarded. It added that the signature bonus realizable from the blocks subsequently reduced from $724 million to $460 million for the remaining eight (8) blocks.

The Corporation said under the terms of the award, payments for the offered signature bonuses were staggered in three (3) phases, such that a portion qualified for immediate payment and the remainder deferred for payment upon OML conversion and commencement of first crude oil production respectively.


“The ‘stagger’ implied that out of the $460 million offered, only $222 million was due for immediate payment. Further payment will become due on the attainment of the deferred periods”.


As was rightly pointed out in the NNPC explanation, “Section 2 of the Petroleum Act vests on the Minister of Petroleum the powers to grant licenses and leases for oil exploration and oil prospecting as well as leases for oil mining”. The President of the Federal republic of Nigeria has no iota of constitutional power to award licenses and leases for oil exploration and mining. Such arrangement lends itself to speculation, open jostling and, worse still; such arrangement does not capture the real economic value on the oil blocks for the benefit of Nigerian economy


“Our records show that prior to 2000, signature bonus on discretionary block allocation ranged, on the average, within the band of $2 million - $10 million per block with a maximum recorded amount of $30 million for a block.


“As a result of the new approach (open competitive bidding), Nigerian Government now realizes high premium in terms of economic value. For instance, in the 2000 Bid Round (the subject matter of the allegation), a total signature bonus of $724 million (excluding other premium payable on reaching certain stages of production) was offered for the 10 blocks bided in the Round”.

 

We have heard the NNPC side of the story so let us examine all the authentic facts and figures presented by the nation’s apex oil concern in its attempt to clear itself from the missing $555 million proceeds from the 2002/2003 licensing rounds.

 

The corporation, in praise of the new approach ushered in by President Obasanjo in 1999, confirmed that a total signature bonus of $724 million(excluding other premium payable on reaching certain stages of production) was offered for the 10 oil blocks on sale. Meanwhile it had earlier said “The total signature bonus realizable from the blocks reduced from $724 million to $460 million from eight blocks as a result of litigation that trailed OPLs 249 and 322”. So the operating words here are “offered and realizable”.

 

The offered amount was $724 million, however, the realizable amount dropped to $460 million. Meanwhile, “Our (NNPC) record shows that the $222 million realized from the 2000 Bid Round has been fully paid to the Federal Government”. There was an obvious hiatus in the figures behind the facts by the NNPC.

 

Also, the cumulative license fee for 10 oil blocks was $724 million but because there were litigations involving only two blocks, the entire fee dropped to $460 million. So the two controversial oil blocks cost $264 million while the other no-controversial eight blocks cost $460 million. Here again, there was something seriously abnormal especially in valuing of the blocks. The more controversial a block is, the more expensive it becomes that was what the NNPC tried to explain.

 

The figures from NNPC show that the entire exercise, from their perspective, was supposed to generate about $460 million but it got only $222 million which it has fully paid to the Federal Government leaving a balance of $238 million. So, where is this balance?

 

Still on the new and commendable approach for award of acreages ushered in by President Obasanjo, the NNPC boasted of the greatly improved license signature bonus but deliberately did not disclosed the band obtainable in the industry today. It only said that before the new reform, the maximum fee was $30 million for a block so what is the maximum fee for blocks under the current dispensation. And who pegs the ceiling; the NNPC or the President uses his discretion to fix signing fee for the blocks? These information would go a long way in assisting Nigerians ascertain why only two blocks (controversial) should cost over 50 percent of the entire fee set out for ten oil blocks. To place in proper context, majority of the ten blocks if not all are in the same offshore arena whether deep or in the shallow waters.


When the NNPC declared that Mr. President since 1999 favours open competitive bidding rather than the discretionary method, the corporation obviously was not referring to the two lucrative oil blocks given to Transcorp free of charge. Or were the blocks bided for?


The issue still remains that $724 million (not even $700m) was realized as license fee and signature bonus from the 2002/2003 rounds. Out of this amount, only $145 million was released to the PTDF. So where is the balance of the money? Even if NNPC claims that it has remitted the entire $222 million to the President as the Petroleum Minister, why is the corporation or the President not bothered about the balance of $238 million which the NNPC agreed as the downwardly reviewed cumulative proceed from the exercise? And has the litigation involving the two “controversially expensive” oil blocks not being resolved till date? #

 

SENIOR FYNEFACE, ELELEWON STREET , GRA II, PORT HARCOURT , RIVERS STATE