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NOGICD Act enforcement: NCDMB teams up with security agencies
Precious ADELOLA
IN a bid to drive compliance and enforcement of the provisions of the Nigerian Oil and Gas Industry Content Development (NOGICD) Act, the Nigerian Content Development and Monitoring Board (NCDMB) has held a workshop for law enforcement agencies, with the theme “understanding the objectives and philosophy of the Nigerian Oil and Gas Industry Content Development Act.
The two-day workshop was held this week in Abuja, and it was attended by personnel from the Economic and Financial Crimes Commission, (EFCC), Independent Corrupt Practices Commission (ICPC), Nigeria Police, Nigerian Customs Service and other relevant agencies.
In his welcome address, the Executive Secretary of NCDMB, Engr. Simbi Kesiye Wabote explained that the Board organised the workshop to create synergy and collaboration with regulatory and enforcement agencies in the discharge of its mandate.
He indicated that the Board held these types of workshops regularly with a view to strengthen collaboration with key stakeholders, particularly those that are not familiar with the Board’s roles in the oil and gas industry.
The former Inspector General of Police, Dr Solomon Arase made a presentation at the workshop and identified gaps in the provisions of the NOGICD Act that would hamper the successful prosecution and conviction of companies deemed to have breached the provisions of the Act.
He proposed some amendment to the Act, notably, explicit definition of offences, expansion of the parties to offences and stiffer punishments for noncompliance.
The former IGP also advised the Board to build a small team of experts, with competences in investigation and identification of ingredients critical for proving cases of noncompliance. He suggested that the team should include officers of the Nigeria Police, ICPC, EFCC and other relevant agencies, who would be trained on Nigerian Content.
The Director, Legal Services, Barrister Umar Mohammed Babangida presented the draft Nigerian Oil and Gas Industry Content Development Compliance and Enforcement Regulation 2020 and added that the document was designed to plug some of the gaps that were identified in the NOGICD Act.
He also explained that non-compliance and breach of Nigerian Content guidelines have been categorized into Minor Infraction and Serious Infractions.
Minor offences refer to first time defaults, deficits in meeting deadlines for periodic reports and similar defaults and applicable sanctions would include Letter of Warning, Invitation of Management Team of the Operator/ stakeholder for corrective dialogue with the Board.
On the other hand, serious infraction includes repeated or persistent defaults; and/or deliberate refusal to comply with directives issued by the Board.
Punishment for such offences will include “Name and shame of defaulting Operator/stakeholder with publicity within national and international Oil and Gas communities; Notification to other MDAs about the non-compliance of the Operator/stakeholder, including request for the withdrawal of tax privileges, and/or preventing the Operator/stakeholder from getting “cost recovery”, where applicable; Withdrawal of Certificate of Authorization issued for the project under Section 8 of the Act; Withdrawal of any approval given by the Board as required under the provisions of Sections 17, 19 and 20 of the Act on Nigerian Content Compliance Certificate and Prosecution of the offenders in accordance with the provisions of part I of the draft regulation ( as a last resort.”
Explaining further, the Director said the Board shall first give notice in writing to any operator or other stakeholder, specifying the identified default(s) and corrective step, action and/or remediation required to address an identified non-compliance.
He added that failure to comply shall attract the imposition of appropriate sanctions and/or penalties as may be deemed applicable in the circumstances.
Also speaking, the Director, Monitoring and Evaluation, NCDMB, Mr. Akintunde Adelana explained that the pioneer promoters of the NOGICD Act focused on building consensus and collaboration with stakeholders, especially the international oil companies who were the drivers of the business. “We needed to focus on value addition and domiciliation. The issue of securing conviction against noncompliance was not the priority at that time.”
He listed some challenges faced by the Board in implementing enforcing the NOGICD Act to include inadequate strategic collaboration among stakeholders in the industry; overlapping of tasks by various government agencies, non-submission/late submission of statutory reports and inadequate coverage of the projects and activities in the Nigerian oil and gas industry as a result of manpower shortage.
Other challenges include execution of projects, contracts/services without approval from the Board and non-execution of NCDMB HCDI Training on the back of projects; non-deduction and remittance of NCDF one percent; utilization of non-registered vendors in the NOGICJQ, deployment of expatriates without approval from NCDMB; use of Manpower License designated for Nigerian personnel only to deploy Expatriates; refusal to Nigerianise expatriate positions after statutory four years as captured in the Act and non-submission of Research and Development Plan by Service Companies.
In his presentation, the Director, Planning Research & Statistics, Mr. Daziba Patrick Obah proposed that the Nigeria Immigration Service (NIS) and Nigerian Civil Aviation Authority (NCAA) should enforce the guidelines of NCDMB on expatriate utilization by oil & gas companies on land and offshore locations. “Enforcement and checks can be conducted at various entry points and access points to offshore locations by demanding for biometrics identity card before approving flight request by expatriates to offshore oil and gas operations,” he said.
He also suggested that the Military should collaborate with the Board in deepening R&D and domesticate hardware and software technology, maintenance techniques for military equipment. Enforcement agencies should also join the essential services sectoral working group and shipping and logistics sectorial working group to share insights and open channels of communication, he added.
Embattled Nigerian pastor and founder of SPAC Nation, Tobi Adegboyega, has defended his opulent lifestyle, claiming it serves to inspire young people rather than flaunt wealth.
This statement comes amid a UK Immigration Upper Tribunal ruling ordering his deportation over visa violations.
Adegboyega, 44, faced accusations of overstaying his visitor visa, which expired after he arrived in the UK in 2005.
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He had applied to remain in the country on human rights grounds. The tribunal, however, ruled against him, citing his failure to regularize his status.
The pastor’s luxurious lifestyle, including designer clothing and expensive cars, was a focal point of the case.
Addressing the tribunal, Adegboyega stated that his lifestyle is fully funded by his wife, Mary Olubukola Alade, who earns £100,000 annually at AON.
He said, “I live with my partner, Mary Olubukola Alade, who earns £100,000 per year working for AON. I spend my time working for the church, for which I am unpaid. I am entirely supported by Mary. I have a first-class law degree from Nigeria, but I have ‘sacrificed’ my legal career to help those who cannot help themselves.”
Defending his appearance, Adegboyega emphasized the importance of projecting success to his young congregation.
The court noted, “For instance, people have pointed to the fact that he wears designer clothing and drives expensive cars. He was adamant that all of his personal possessions had been paid for by Mary.
“He believes it is important for him to dress the way that he does because he needs to inspire these young people – they need to understand that there are legitimate ways of making money, for instance through entrepreneurship.”
Despite the ruling, Adegboyega dismissed the deportation concerns as insignificant.
“I’m right here at home, no cause for alarm. Naturally, I will dismiss things that have to do with retrogression; every Nigerian should be proud of me. Living in the UK, a city that is well known for pulling people down, I have survived all sorts, so the matter that they are propagating is the smallest matter,” he said.
He further expressed confidence in his resilience. “No panic, I love London city, it is my city, and nobody can do anything. Of all the people of colour you know here – pastors and leaders – I have survived everything. I’m here, I am at home, nobody should panic for me.
“I succeeded well in this country despite all challenges, and I’m in the league of people you look up to. I have survived that well; nothing has changed, nothing will change,” he added.
Amid the growing controversy surrounding the detention of human rights lawyer Dele Farotimi, renowned Senior Advocate of Nigeria (SAN) Aare Afe Babalola has publicly addressed the defamation allegations leveled against Farotimi.
The legal action stems from claims made in Farotimi’s book, Nigeria and Its Criminal Justice System, which Babalola asserts contains false and defamatory statements about him and his law firm, Afe Babalola & Co.
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In a petition dated November 19 and submitted to the Ekiti State Commissioner of Police, Adeniran Akinwale, Babalola accused Farotimi of making “criminally defamatory” statements about him, his law firm, and two senior lawyers at his firm, Olu Daramola SAN and Ola Faro.
The defamatory remarks are tied to the Supreme Court case Major Muritala Gbadamosi Eletu & Ors v. H.R.H. Oba Tijani Akinloye & Ors.
Babalola revealed that the allegations came to light when one of his lawyers purchased Farotimi’s book while traveling through Murtala Muhammed Airport.
After reading the book, the lawyer immediately brought its contents to Babalola’s attention.
Other members of his firm reportedly did the same, prompting the senior lawyer to take legal action.
In his petition, Babalola pointed to specific passages in Farotimi’s book that accused him of corruption and unethical conduct. The petition reads:
“I write to report the criminal defamation of myself, my law firm Afe Babalola & Co., and my lawyers, Olu Daramola SAN and Ola Faro, by one Dele Farotimi in his book titled ‘Nigeria and Its Criminal Justice System’, published by Dele Farotimi Publishers, in respect of Suit No. SC/146/2005: Major Muritala Gbadamosi Eletu & Ors v. H.R.H. Oba Tijani Akinloye & Ors.
“Sometime on 2/11/2024, one of our lawyers, while traveling through Murtala Muhammed Airport, bought a book by Dele Farotimi titled ‘Nigeria and Its Criminal Justice System’. He read the book and immediately brought it to my attention. Many of my lawyers also bought the book and read it.”
“The defamatory statements are as follows:
- That Aare Afe Babalola corrupted the Supreme Court to procure a fraudulent judgment in the service of his client.
- That Aare Afe Babalola, Olu Daramola, Olu Faro, and the law offices of Afe Babalola & Co. (Emmanuel Chambers) compromised the Supreme Court and the remaining semblance of integrity it might have had, when they went back to the Supreme Court and got the Court to swim in the sewer of corruption and shameful self-abnegation.”
Babalola strongly denies the allegations, claiming that they are false and damaging to both his personal reputation and the integrity of the Nigerian judiciary.
Nigerian author and activist Dele Farotimi’s book, Nigeria and Its Criminal Justice System, has surged to bestseller status on Amazon amid a legal battle with prominent lawyer and businessman, Afe Babalola.
The controversy surrounding the book has captivated public attention, driving both online and offline demand.
The book, which critiques systemic corruption in Nigeria’s judiciary and highlights alleged misconduct by key legal figures, saw modest sales following its release in July 2024.
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However, Farotimi’s arrest on Tuesday, following a petition filed by the 93-year-old Babalola, triggered a wave of public curiosity.
By Thursday evening, it had climbed to the top of Amazon’s bestseller rankings, according to checks by Vanguard. Bookstores across Nigeria also reported a significant uptick in demand.
Biztellers reports that Farotimi was detained in Lagos by armed police officers and transported to Ado Ekiti, about 300 kilometers northeast of the city, where Babalola is based.
The senior lawyer alleged that the book accused him of compromising Nigeria’s judiciary—a claim that has sparked heated debates about freedom of speech and accountability in the legal profession.
On Wednesday, Farotimi was arraigned in an Ekiti court, where the judge ordered his remand pending a bail hearing scheduled for December 10.
Farotimi’s legal team has vowed to contest the charges, framing the case as an attack on intellectual freedom.
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