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Shell may cough out $3.6bn to Nigerian government

A Federal High Court sitting in Lagos, yesterday, dismissed the suit by Shell Nigeria Exploration and Production Company Limited, challenging the imposing of $3.6billion fine on it by the Federal Government

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A Federal High Court sitting in Lagos, yesterday, dismissed the suit by Shell Nigeria Exploration and Production Company Limited, challenging the imposing of $3.6billion fine on it by the Federal Government.

The fine had been imposed on Shell for the Bonga oil spill.

Trial judge, Justice Mojisola Olatoregun, resolved all the issues in the defendant’s favour and dismissed the suit.
Shell sued the National Oil Spill Detection and Response Agency, NOSDRA, challenging its powers to impose levies or fines over oil spills.

The plaintiff prayed the court to declare that NOSDRA cannot, in the light of Section 1, 3, 4, 5 and 6 of the 1999 Constitution, validly exercise any powers under Section 5, 6, 7 and 19 of the NOSDRA Act.

Shell, through its lawyer Chief Wole Olanipekun, SAN, argued that the sections’ provisions encroach on judicial powers vested exclusively in the courts.

The oil giant argued that it was the Federal High Court that is vested with the jurisdiction to determine liability and to assess, impose and direct the payment of any sum as penalty, damages or compensation in connection with an incidence of oil spillage, particularly the Bonga Oil Spill of December 20, 2011.

Shell urged the court to declare that the decision leading to the imposition of $3,600,191,206.00 on by NOSDRA was in breach of its right as enshrined in Section 36, 43 and 44 of the 1999 Constitution.

It also urged the court to nullify NOSDRA’s powers to impose such levies over oil spills.

But NOSDRA, through its counsel, Mr D. A. Awosika, argued that the cause of action arose on March 25, 2015 when it served Shell with notice of sanction over the Bonga Oil Spill.

Awosika contended that Shell was enjoined to exercise its right of litigation if it felt aggrieved by the letters within three months from March 25, 2015 and not beyond.

In her May 24 judgment, a copy of which was obtained

Wednesday, Justice Olatoregun held that NOSDRA acted in line with its powers and did not violate Shell’s rights in any manner.

“I found no conflict with the duties conferred on NOSDRA by law and the power of the court to adjudicate in this matter. I find no violation of the 1999 Constitution within these sections,” the judge held.
Justice Olatoregun further held that NOSDRA’s demand letters to Shell were not in conflict with Section 44 of the 1999 Constitution.

The judge said: “The plaintiff had notice and opportunity to fair hearing. The plaintiff ought to have had recourse to the court for the determination of its civil rights and a proper adjudication on the issues if it felt its rights were infringed or about to be infringed.

“I do not find the two letters ultra vires the duties and functions of the defendant.”

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Nigeria: Marketers predict further price cut as another refinery begins operations

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Oil marketers and the Nigerian Midstream and Downstream Petroleum Regulatory Authority expect refined petroleum product prices to reduce as another public refinery in Warri begins operations.

The marketers made the prediction when the Nigerian National Petroleum Company Limited launched the 125,000-barrel-per-day Delta State WRPC. NNPCL also wants to export locally refined goods for foreign cash. Last month, the 60,000-barrel-per-day Port Harcourt Refinery in Rivers State began operations.

During an inspection tour of the facility on Monday, the NNPCL Group Chief Executive Officer, Mele Kyari, explained that the inspection aimed to show Nigerians the level of work completed so far.

During a tour with NMDPRA CEO Farouk Ahmed and NNPC Board Chairman Pius Akinyelure, Kyari said that while facility repairs were not yet 100% complete, refining operations had begun and would produce straight-run kerosene, diesel and naphtha.

In a statement commemorating the milestone, President Bola Tinubu stated the plant is functioning at 60% or 75,000 barrels per day.

Kyari said, “We are taking you through our plant. This plant is running. Although it is not 100 per cent complete, we are still in the process. Many people think these things are not real. They think real things are not possible in this country. We want you to see that this is real.”

Since some of these goods would be shipped to foreign markets, he said, the reopening of the Warri refinery will help the country become a net exporter of petroleum products.

“Secondly, this plant had three stages; we have started plant one, which we call Area One. It can produce AGO (diesel), kerosene, naphtha, and a blend of crude oil. These are high-grade quality products required in the country, and we may need to export them. So this will give us cash, this company will make money and the promise of Mr President that this country must be a net exporter of petroleum products is already happening. Some of these products will go into the international market.

“Most importantly, I must put on record that Mr President believes that we can get this to work and get them to start and gave us the charge that we must start all three refineries. It’s already happening; we have started the 60,000 barrels per day refinery, and Area One of the Warri refinery is already working. Other plants that would produce PMS are being streamed and they would also come alive.

Mustapha Zarma, the Independent Petroleum Marketers Association of Nigeria’s National Operations Controller, stated that the rivalry in the downstream oil industry will become more fierce.

There will undoubtedly be a further decrease in pricing if the plant begins producing goods in bulk, he stated. This is because the market will ultimately be influenced by market forces and there will be fierce rivalry.

Until recently, none of Nigeria’s publicly owned refineries has worked to capacity for years, despite several investments to revive them. The failure of the government to revive them contributed to the high level of national anticipation surrounding the Dangote refinery whose operations appear to have revolutionalised the industry.

The refinery will concentrate on manufacturing and storing essential goods, such as heavy and light naphtha, automotive petrol oil and straight-run kerosene.

The country’s first fully owned refinery, the WRPC, was put into service in 1978 and is situated in Warri, Delta State, Nigeria. It was first built to process 100,000 barrels of crude oil a day, but in 1987 it was updated to process 125,000 barrels.

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Kenya: Consumer inflation rises to 3.0% from 2.8%

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Kenya’s statistics agency said on Tuesday that Kenya’s consumer price inflation increased slightly to 3.0% year-over-year in December from 2.8% the previous month.

According to a release from the Kenya National Bureau of Statistics, monthly inflation was 0.6%, down from 0.3% in November. Kenya aims to have a medium-term inflation rate of 2.5% to 7.5%.

With inflation under control, Kenya’s central bank said there was an opportunity for looser policy to assist economic development, lowering its benchmark lending rate by a larger-than-expected 75 basis points to 11.25% on December 5.

 

Kenya’s GDP expanded by 5.2% in 2023, up from 4.8% in 2022, thanks to a recovery in agriculture and a modest increase in services. Household consumption accounted for 70% of the growth on the demand side, while services and agriculture accounted for 69% and 23% of the growth, respectively, on the supply side.

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