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Chairman of the House of Representatives Special Committee on Crude Oil Theft, Hon. Alhassan Ado Doguwa, has called for the establishment of a special court to prosecute crude oil thieves and other saboteurs, arguing that Nigeria’s existing legal framework is inadequate to effectively tackle crimes in the country’s oil and gas sector.
Doguwa made the call on Thursday in Abuja during a stakeholders’ meeting convened by the committee as part of ongoing consultations aimed at identifying practical measures to curb crude oil theft, pipeline vandalism and other forms of economic sabotage.
The lawmaker said the country must urgently review obsolete laws governing offences in the petroleum sector, noting that many of the existing statutes date back to the military era and no longer provide sufficient deterrence against increasingly sophisticated criminal networks.
“We have been able to achieve some very remarkable progress in the course of our interface. We all agreed to work on the same page to address the existing legal frameworks and some of the bottlenecks affecting them,” Doguwa said.
He noted that while the Petroleum Industry Act (PIA) provides the framework for the operation of the oil and gas industry, it does not address criminal prosecution relating to crude oil theft.
“The global oil and gas economy is now in an advanced stage. Virtually all oil-producing countries are making progress because they have provided effective legal instruments to address their challenges. For this reason, we believe Nigeria should also review some of its laws.
“Some may ask what happens to the PIA. This has got nothing to do with the PIA. The PIA merely addresses the fundamentals and basic principles of doing business within the global oil economy. None of its commitments or provisions will be affected.
“However, we still have old legislations, some dating back to the military era, including military decrees and orders, which are still being applied at various levels. The courts have no option but to rely on those laws.
“Unless we provide new measures, new laws and a new legal framework, the courts will continue to rely on these obsolete legislations in handling serious criminality within Nigeria’s oil and gas sector.”
Doguwa said the House of Representatives would work closely with the Office of the National Security Adviser (ONSA) and other relevant institutions to strengthen the legal framework for combating crude oil theft.
“I want to assure Nigerians that the National Assembly, especially the House of Representatives through this committee, will partner with the Office of the National Security Adviser to effectively combat crude oil theft and every other criminal activity within the oil and gas environment.
“We must not forget that our daily crude oil production target in the budget remains below expectations. Until we address this problem, our production projections may continue to fall short.”
He disclosed that members of the Armed Forces, the Nigeria Police Force, the Nigeria Security and Civil Defence Corps (NSCDC) and other security agencies participated in the engagement, underscoring the need for coordinated action against oil theft.
The committee chairman, however, expressed disappointment over the absence of the Nigerian Upstream Petroleum Regulatory Commission (NUPRC), describing the agency as a critical stakeholder whose participation was indispensable.
“It was rather unfortunate that some of the critical regulatory agencies in the oil and gas sector, particularly the NUPRC, neither attended nor sent representatives.
“We frown at that action and have directed the Clerk of the Committee to write to them, requiring them to appear before the committee because they are key stakeholders in the fight against this serious problem bedevilling our country.”
Doguwa maintained that beyond reviewing fines and penalties, Nigeria should establish a specialised court dedicated to trying crude oil theft and related offences.
“We have also recommended in previous bills before the House the possibility of establishing a special court for these kinds of crimes because the crimes themselves are special.
“If we allow these criminal cases to go through the conventional court system, considering the delays involved, many of them will remain unresolved while the criminals escape appropriate punishment.”
Supporting the proposal, Director of Energy Security in the Office of the National Security Adviser, Goodluck Ilajufi, who represented the National Security Adviser, Mallam Nuhu Ribadu, said the current punishment regime has failed to deter offenders.
“Through our work, we have reached a point where the kind of support we require can only come from the National Assembly.
“If we are asking investors to commit billions of dollars to our economy, they must be confident that adequate security exists.
“Specifically, we seek your support in strengthening the punishment regime for thieves, vandals and other criminal elements.
“My experience in the field is that after enormous state resources are spent arresting and prosecuting these criminals, the punishment they eventually receive is almost meaningless.
“A judge may sentence someone to five years imprisonment with an option of a N100,000 fine, or even six months imprisonment. That makes a mockery of the entire process.”
Ilajufi urged lawmakers to amend relevant provisions of the Miscellaneous Offences Act, particularly those dealing with vandalism of petroleum infrastructure and adulteration of petroleum products, to create a stronger deterrent against offenders.
Also speaking, Assistant Commandant General (Operations) of the Nigeria Security and Civil Defence Corps, David Idowu, endorsed the proposal for a special court, saying delays in the conventional judicial system have weakened the fight against crude oil theft.
“I also want to appeal, if it has not already been included in the proposed amendments, for the establishment of special courts to try crude oil theft offenders.
“I remember when I served as a State Commandant. A lawyer returned from court one Monday in tears because the punishment handed down did not reflect the gravity of the offence.
“If there is a special court to try these offenders, including the shadow actors behind these crimes, they will receive appropriate punishment.”
A member of the committee, Hon. Cyril Hart, also stressed the need to strengthen oversight of oil assets and ensure that operators possess the financial capacity to maximise production, warning that failure to develop licensed oil blocks should equally be viewed as economic sabotage.
Representatives of the Nigerian Army, Nigerian Navy, Nigerian Air Force, Nigeria Police Force and other security agencies attended the stakeholders’ meeting, where participants agreed that stronger legislation, coordinated enforcement and judicial reforms are critical to protecting Nigeria’s oil resources and improving crude oil production.
