Business
Obajana: We Followed Due Process – Dangote
*Says Kogi has no equity interest in firm
By Edozie Obasi-Eze
The battle for the soul of Obajana Cement Plc between the Kogi State Government and Dangote Industries Limited, which has seen interventions by the legislature, armed vigilante and other stakeholders is still unravelling.
The management of Dangote, on Tuesday night released a statement in which it claimed that it followed due process in its dealing on the cement company, while it has been fulfilling its tax obligations to the KSG.
The corporate communications department of the conglomerate in the statement titled, ‘Obajana Cement Plant: Separating Facts from Fiction.’ That the “Kogi State government has no equity interest in Obajana Cement Plc.”
It also averred it has been paying relevant taxes, levies and charges to the KSG since 2007, when production commenced in the acquired cement plant.
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The statement read, “This is a statement issued for the sole purpose of addressing the concerns and apprehensions of the stakeholders of Dangote Cement Plc (DCP) especially the over twenty-two thousand people it employs directly, and more indirectly, as well as thousands of contractors, wholesalers, users of our products, our financiers and shareholders.
“At a time of significant economic challenges that we face as a nation, we believe all must be done to keep our economy running effectively, our people employed, businesses that depend on us thriving and not discourage those who take the risks of needed, lawful and significant investments in our economy. The shutdown of our plant has materially jeopardised the economic wellbeing of our country without any regard for its significant consequences.
“Whilst reserving our rights to proceed to arbitration in accordance with the extant agreement, we have reported the unlawful invasion by KSG and the consequential adverse effects of same to all the relevant authorities, including the Federal Government of Nigeria who has now intervened in the matter. It is hoped that the dispute resolution process we have initiated will quickly resolve the disputes and allow us to focus on our business without distraction and continue our significant contribution to our national economy. It is in this context that we state in brief as follows.
“The Obajana Cement Plant is one of the most critical components of economic activity in the nation, being one of the highest taxpayers, and vehicle for one of the largest companies invested in by thousands of Nigerian and foreign investors. Its most important assets are (1) its land, the plant and machinery thereon, and (2) the vast limestone deposit covered by mining leases issued under licence by the Federal Government of Nigeria (FGN).”
“The land on which the Obajana Cement Plant is built was acquired solely by Dangote Industries Limited (DIL) in 2003, well after it had acquired the shares in Obajana Cement Company in 2002, following the legally binding agreement it entered into with KSG to invest in Kogi State. DIL was issued three Certificates of Occupancy in its name after payment of necessary fees and compensation to landowners.
“The plant and machinery were conceived, designed, procured, built, and paid for solely by DIL, again, well after it acquired the shares in Obajana Cement Company. The limestone and other minerals used by the Obajana Cement Plant, by the provisions of the Nigerian Constitution belonged to the Federation, with authority only in the FGN and not the State in which the minerals are situated, to grant licences to extract and mine the resources”, the company explained.
“After the agreement with the KSG, DIL applied for and obtained mining leases over the said limestone from FGN, at its cost and has complied with the terms of the leases since inception. The Government of Kogi State had no minerals to give, had no assets to give, and only invited DIL as most responsible governments do to come into the State and invest in a manner that will create employment, develop the State, and earn it taxes.
“In 1992, the Kogi State Government incorporated Obajana Cement PLC (OCP) as a public limited liability company. Sometime in early 2002, about 10 years after the incorporation of the OCP (which still had no assets or operations as of that time), KSG invited Dangote Industries Limited (DIL) to take the opportunity of the significant limestone deposit in the State by establishing a cement plant in the State.
“Following several engagements and assessment of the viability of the proposed opportunity, DIL agreed that it would establish a cement plant in Kogi State and provide the entirety of the substantial capital required for the investment.
“DIL also agreed, following a specific request by KSG, to use the OCP name (albeit only existing on paper as of that time, and without any assets or operations) for the time being, as the vehicle for this investment. On 30 July 2002, KSG and DIL entered into a binding agreement to document their understanding. The agreement was amended in 2003 and remains binding on, and legally enforceable by, the parties to same.
”It was agreed, inter alia, that: DIL would establish a cement plant with a capacity of 3,500,000 metric tonnes per annum; DIL shall hold 100% of the shareholding in OCP, and source for all the funds required to develop the cement plant; KSG shall have the option to acquire 5% equity shareholding in OCP within 5 years; and KSG shall grant tax relief and exemption from levies and other charges by KSG for a period of seven (7) years from the date of commencement of production.
“Consistent with the terms of agreement, DIL sourced for 100% of the funds that was used to develop the plant without any contribution from KSG. In line with its rights, ensuring alignment with the Dangote Brand, as part of internal restructuring and for better market recognition the name of OCP was changed to Dangote Cement Plc in 2010, and a number of other significant cement companies (such as the Benue Cement Company) owned by DIL were merged with OCP to become the enlarged Dangote Cement Plc.
“DIL assiduously and at significant cost met all the terms of the agreement between it and KSG in relation to OCP. It built the cement factory, much bigger and better than envisaged.
“KSG could not meet its financial obligations of contributing to the funding the plant in any form; neither could KSG fund acquisition of 5% equity shares in OCP when it was asked on a number of occasions to exercise the purchase option.
“KSG also did not meet its obligations to grant waiver of taxes, charges and levies that it could charge the operations, affairs and activities of OCP. Rather despite being entitled (under the terms of the agreement with KSG) to tax relief and exemption from charges and levies by KSG for a period of seven (7) years from the date of commencement of production, OCP (and now DCP) has paid all due sub-sovereign taxes, levies and charges to KSG since it commenced production in 2007.
“KSG does not have any form of investment or equity stake in OCP, so no dividend or other economic and/or shareholding rights whatsoever could have accrued to it from the operations of the company.
“After the agreement between DIL and KSG in 2002, DIL in 2003, applied to KSG for the acquisition of land for the plant site, and this application was granted with the issuance of three Certificates of Occupancy to DIL. DIL to the knowledge of KSG, paid substantive compensation to Obajana Farmland Owners located within the two (2) square kilometres plant site.
“Subsequently, in September 2004, DIL, in good faith, applied to the State Governor for the statutory consent for DIL to assign the plant site to OCP being DIL’s investment vehicle. This consent request was granted by the State Governor and the appropriate consent fees were paid by DIL.
“The investment of DIL in Kogi State through OCP was at the instance of the duly constituted government of Kogi State, done in accordance with the law of the State and all enabling laws in that regard, and the transaction documents were effectively, lawfully and duly executed by the Governor and Attorney General of the State (at the time), after internal approvals were obtained within the government.
“Since the inception of Alhaji Yahaya Bello’s administration in 2016, and regardless that government is a continuum, we have had series of enquiries about the ownership structure of the Dangote Cement PLC as it relates to the alleged interest of KSG; and had several engagements with the officers of the State government including Governor Yahaya Bello. At all of these engagements we have provided all the details and information supported by relevant documents, required by the Government and the State House of Assembly to confirm our lawful investment.
“For instance, in 2017, we were invited by the Judicial Commission of Inquiry, and we made our submission to the commission with relevant documents to support our position. We are yet to receive any feedback from the Judicial Commission of Inquiry. While still waiting to hear of the report of the Inquiry, we were invited by the State House of Assembly on the same matter earlier this year, and again, we provided evidence in support of our position that KSG does not have any equity or other interest in OCP or DCP.
“On Wednesday 5 October 2022, hundreds of dangerously armed men, other than law enforcement officers, attacked our cement plant in Obajana, Kogi State, destroyed our property, inflicted grievous injuries on many of our employees, and shutdown operations at the plant. KSG has admitted that the armed invaders acted on its instructions, and in furtherance of the recent enquiry by the Kogi State House of Assembly in connection with the ownership of the Obajana Cement Plant.
“Curiously, on 6 October 2022, a day after the shutdown of our facility in Obajana on the orders of KSG, Governor Bello addressed the public and announced that a Specialised Technical Committee which was set up as part of the recommendations of the Judicial Commission of Inquiry had just presented its recommendations, which have been accepted by KSG. This statement makes it abundantly clear that the shutdown of DCP’s plant occurred regardless of the Governor’s own confirmation that implementation of the recommendations of the Specialised Technical Committee was still pending.
“Whilst we do not want to speculate on the motivation for the spurious claims being made by KSG in relation to the ownership of the Company, which have resulted in the unfortunate unlawful forcible closure and damage of our plant, and injury of several people, we condemn in strongest possible terms, the unlawful shutdown of our plant by KSG sponsored armed-thugs, the damage to our property (including the looting of large sum of money kept in the office), and grievous injury inflicted on our employees by them.
“This disruption of operations at the plant has caused loss of revenue not only to our company and its customers but has also adversely impacted revenue due to both the Federal and State governments. It has also occasioned loss of jobs for the teeming youths who are daily paid workers that throng our plant for their daily sustenance.
“We implore all our stakeholders, namely shareholders, customers, suppliers, employees, and the entire community of Obajana and Kogi State at large to remain calm while we follow the legitimate and lawful process to resolve this matter. We shall keep our stakeholders duly updated whilst we remain confident that the statutory and contractual rights of DIL shall be upheld by these legal processes which we have initiated.”
Business
NNPC/Shell Vision First Initiative Impact over 10,000
The Vision First initiative of the Nigerian National Petroleum Company Limited (NNPC) and Shell Nigeria Exploration and Production Company Limited (SNEPCo) has continued to impact lives across Nigeria with more than 10,000 people benefitting from outreaches since its inception in 2022.
The latest outreach holds this week in Badagry Local Government Area of Lagos State.
“Vision First is more than an outreach programme—it is a promise. A promise that quality healthcare should not be limited by geography, income, or circumstance,” SNEPCo Managing Director Ronald Adams said in an address read by General Manager Corporate Relations, Abubakar Ahmed at the opening ceremony yesterday.
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Vision First which is part of the Health-in-Motion programme of NNPC/SNEPCo, takes eyecare to underserved communities, with the health team also providing cardiovascular screening, consultations and treatment for mild and chronic illnesses, laboratory tests and pharmaceutical services and distributing insecticide-treated nets.
Hundreds of people in Badagry and from adjoining communities are attending the 6th edition of Vision First which is being hosted in collaboration with Kolmarg Eyesight Foundation, the Lagos State Ministry of Health, and Badagry Local Government Council.
Ron said: “As we celebrate the impact of this outreach, let us remember that behind every consultation, every treatment, and every pair of glasses provided is a human story. It is a mother who can care for her family with confidence, a father who can continue to provide, a student who can see clearly in the classroom, and a child whose future has become a little brighter.”
Chief Upstream Investment Officer, NNPC Upstream Investment Management Services (NUIMS), Olanarenwaju Igandan said in remarks delivered by Advisor, Community Relations Mr. Usman Mohammed Bello: “I urge parents, elders, workers, traders, teachers and all residents to participate actively and encourage others to do the same. Early detection and treatment of health conditions can significantly improve quality of life and prevent avoidable complications.”
Permanent Secretary, Lagos State Ministry of Health, District 5, Dr Asiyanbi Oladapo and Chairman Badagry Local Government Council Babatunde Hunpe commended NNPC and SNEPCo for their longstanding support for the programme. Executive Director Kolmarg Eyesight Foundation, implementing partner of Vision First, Prof. Olukorede Adenuga advised the people to take advantage of the outreach as “a simple intervention can make a profound difference.”
Supported by NNPC and co-venturers, SNEPCo has implemented social investment projects across Nigeria in health, education, and human capital development among others, since its establishment in 1993. The company continues to power progress in Nigeria by efficiently producing oil and gas in deepwater, developing human capital, promoting Nigerian content, and improving lives.
Business
Europe, Mediterranean Crises Shouldn’t Affect Africa’s Petroleum Price Benchmark – FG
The Federal Government, through the Nigerian Midstream and Downstream Petroleum Regulatory Authority, has said crises in Western Europe and the Mediterranean should not automatically determine petroleum product prices in Nigeria and other African countries, arguing that West Africa needs a regional benchmark that reflects its own market realities.
It said West Africa could no longer afford a situation where disruptions in Western Europe or the Mediterranean automatically influence the prices of petroleum products in African markets, even when the factors behind those disruptions have little or nothing to do with the region.
The Authority Chief Executive, Rabiu Umar, said this on Tuesday at the second West Africa Refined Fuel Market Conference in Abuja, where regulators, refiners, traders, financiers and other industry stakeholders renewed efforts to establish a transparent regional pricing system for refined petroleum products.
The conference is jointly hosted by the Authority, S&P Global Commodity Insights and West Africa Regulator Forum, with the theme: “Funding West Africa Infrastructure & Distribution to Create a Transparent Market for Regional Price Benchmarks.”
The conference is aimed at moving the region from discussions about price discovery to the actual development of a functioning petroleum trading and pricing hub.
Umar said the continued use of external price references meant that petroleum consumers in Nigeria and other West African countries could be affected by disruptions that occurred thousands of kilometres away and were unrelated to the fundamentals of their own markets.
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He said the situation was no longer sustainable, particularly as West Africa’s refining landscape was changing rapidly and Nigeria was emerging as a major supplier of refined petroleum products to the region.
The NMDPRA boss, who also doubles as the WARF Chairman, said, “If we look at the refining capacity on the continent and how it has been increasing, it simply doesn’t make sense that if there is a problem in Western Europe or in the Mediterranean, it is going to affect our pricing in Africa.
“There may be issues which have absolutely nothing to do with what is going on here. And prices should be determined on the basis of geopolitical issues, demand and supply, and complexities within the market. So we feel this is a great opportunity for Africa, and West Africa in particular, to really have something that is specific to us. If we have a problem, it is reflected in the pricing. If we don’t have a problem, then we are to be shielded to an extent, I would say, from what is going on in other locations.”
The call comes against the backdrop of renewed volatility in international energy markets following the crisis around the Strait of Hormuz, one of the world’s most important oil shipping routes. The latest tensions around the strait have pushed Brent crude sharply higher, with the benchmark reaching above $90 per barrel at points in recent days before easing as markets weighed diplomatic efforts between Iran and Oman.
That distinction, he argued, is at the heart of the campaign for a West African reference market.
He said, “If we look at the refining capacity on the continent and how it has been increasing, it simply doesn’t make sense that if there is a problem in Western Europe or in the Mediterranean, it is going to affect our pricing in Africa. There may be issues which have absolutely nothing to do with what is going on here in the continent. But prices are determined on the basis of geopolitical issues, demand and supply, and complexities within the market. So we feel this is a great opportunity for Africa, and West Africa in particular, to really have something that is specific to us.
“If we have a problem, it is reflected in the pricing. If we don’t have a problem, then we are shielded to an extent, I would say, from what is going on in other locations.”
He explained that the roadmap required reliable financing, refinery capacity, stronger logistics and storage networks, interconnected ports, roads, rail and pipelines, harmonised product regulations and standards, transparent and comparable market data, stronger cross-border cooperation and the mobilisation of regional and international capital.
“A reference price is not by itself a trading hub. A conference is not a market. Regulatory cooperation, important as it is, cannot substitute for physical infrastructure, commercial liquidity, market information, and operational excellence on which a credible trading hub must stand. Africa possesses resources. Africa possesses demand. Africa possesses refining capacity, and that is also expanding. What we must now build is the infrastructure that efficiently connects all three”, he added.
Umar also urged West African countries to stop duplicating infrastructure and instead develop assets based on their comparative advantages.
He said, “This is also why we must think regionally. Not every country needs to replicate every asset that we have. So for example, Nigeria today stands as one of the most tanked countries. If you look at the number of tanks we have versus the consumption that we have, there is absolutely no point.
“If you look at Europe, for example, our region is a trading hub for oil and gas, for all the refined products. Why? The other countries could also have invested in similar infrastructure, which would have led to duplication. The most important thing is what each country’s specific advantage is relative to the region, so that way everybody is doing what they are really, really good at. And this is why we must think regionally. We have to think regionally.”
He also identified differences in petroleum product specifications across countries as another major obstacle to cross-border trade. According to him, varying specifications make it difficult to move products seamlessly from one West African market to another and undermine the development of a single regional market.
“We also have the second issue of what is the quality of products. What is the specification of products from one country to another? We cannot have from here to Nigeria, to Ghana, to the United Republic, even our right-next-door neighbours having different products and specifications. What that does is that it makes trading across the border very, very difficult.”
Umar said regional integration would therefore help optimise existing infrastructure, reduce duplication and direct scarce capital towards projects capable of delivering the greatest regional impact.
“Capital will go where projects are bankable. Risks are understood, regulation is predictable, and returns can be sustained. Our responsibility as governments, regulators, and players is therefore to create the conditions that allow capital to move confidently. For investors, predictability matters. For operators, efficiency matters. For consumers, affordability matters, and reliability. For regulators, safety, integrity, competition, and compliance matter. A sustainable market must accommodate all four”, he stated.
The NMDPRA boss further identified reliable market data as a critical requirement for credible regional price discovery.
He said a benchmark could not be trusted if it was based on an opaque market with limited transactions and unreliable information on supply, demand, inventories and product availability.
“A credible benchmark cannot emerge from an opaque market. Price discovery requires sufficient transactions, willing participants, reliable reporting, and confidence that market information indeed reflects actual commercial activity.
“We must therefore develop a culture in which reliable information on supply, demand, inventories, infrastructure, availability, and legitimate transactions can support better commercial decisions and effective regulation.”
He said the West Africa Regulators Forum had a major role to play in creating an environment where different national markets could operate with sufficient regulatory compatibility to facilitate cross-border trade.
“We do not need every country to have identical laws. We need sufficient compatibility to allow trade to occur safely, transparently, and efficiently. And this is the difference, really, between regulatory uniformity and regulatory integration.”
Umar said the regional roadmap beyond 2026 would focus on five key areas, including improving physical market mobility, financing strategic infrastructure, optimising product standards and regulations, strengthening market data and transparency, and building a complete trading ecosystem.
He said a mature regional market would require refiners, traders, terminal operators, ship owners, marketers, banks, insurers, commodity exchanges, data providers and regulators to operate within an environment of commercial trust.
“And when these elements come together, the benchmarks will learn to be imposed. The market itself will produce the benchmark,” he said.
He said the ultimate objective was to transform West Africa from a region that largely consumes petroleum products priced elsewhere into an increasingly influential centre of price discovery, trading, investment and value creation.
“In 2025, we developed the roadmap. In 2026, we must finance and execute it. In the years ahead, our major success must be a West African market in which products move more efficiently, supply is more secure, investors have greater confidence, regional trade expands, and prices increasingly reflect the fundamentals of our own markets.”
Courtesy – The Punch
Business
PENGASSAN Points to Losses for Govt Refineries’ Closure
Persistent losses led to the shutdown of Nigeria’s state-owned refineries as against claims that they could no longer refine crude oil.
The outgoing President of the Petroleum and Natural Gas Senior Staff Association of Nigeria (PENGASSAN), Festus Osifo, made the assertion, adding that the Nigerian National Petroleum Company Limited (NNPC Ltd) had to stop the refineries from operating after it became clear that the cost of processing crude was higher than the market value of the products being produced.
“So, the refineries were actually shut down, not that they were not functioning,” he said.
According to him, the facilities were still producing some petroleum products, but their operations were not commercially viable. Continuing to process crude under those conditions, he said, would only lead to more losses.
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He illustrated the situation with a simple example, saying, “If you put, let’s say, $5 million worth of crude, you feed it through, when the product comes out, you are supposed to get the product of, let’s say, $6 million worth. But when you feed in that crude, what you now get at the end will not be like $4 million. So, you are losing money.”
Osifo said the experience showed that Nigeria needed to focus on making its refineries commercially viable rather than simply keeping them open.
He also supported plans to bring a Chinese company into the ownership structure of the refineries, arguing that increased private-sector participation could reduce government interference and improve efficiency.
According to him, PENGASSAN is advocating that private investors should acquire up to 51 percent of the refineries, while the government retains 49 percent, similar to the ownership structure of Nigeria LNG Limited.
“They are going to buy some shares of government from this refinery. So, for us, we are advocating that, because the company is about 3 in 1 company, so let them buy up to 51 percent. Let government retain 49 percent as it is in NLNG,” he said.
He said private majority ownership would allow the refineries to take important operational and maintenance decisions without having to seek government approval.
“What that is going to do is that the decision-making is going to leave the hand of government, so that if you want to do any maintenance, you don’t need to discuss it in federal council meetings anymore,” he said.
Osifo argued that private investors were more likely to make decisions based on business realities and profitability rather than political considerations.
“And because they are private people, they take business decisions, not decisions made from sentiment, emotions, or political leanings, but decisions that will grow the business,” he said.
On the wider oil and gas sector, Osifo said the Petroleum Industry Act (PIA) had introduced important reforms but warned that frequent policy changes could create uncertainty and discourage investment.
He noted that the PIA established the Nigerian Upstream Petroleum Regulatory Commission (NUPRC), provided for the midstream and downstream regulatory framework and transformed NNPC Ltd into a limited liability company. It also introduced frameworks for host community development and frontier exploration.
However, he expressed concern about subsequent changes to some of the fiscal provisions of the PIA and the use of an executive order to alter provisions of the law.
“For us, one of the ways to attract investment is for you to have some level of certainty,” Osifo said.
He highlighted that investors needed to know the taxes, royalties and other financial obligations they would face before committing money to oil and gas projects.
“But if I’m investing today and I’m doubtful that tomorrow the laws will change and the laws might not favour me, I will be a bit worried about how I carry out my investment,” he said.
Osifo urged the government to allow the PIA and its regulatory framework to operate for a reasonable period before making major changes, noting that oil and gas projects require long-term investments.
“In the oil and gas business, you don’t just invest today and you think you will reap tomorrow. At times, for this investment, you start reaping even after the 30th year,” he said.





