Tag: NMDPRA

…says prosecution fails to prove forgery, criminal trespass 

The Court of Appeal in Abuja has reversed the 14 years jail term handed to an official of the Nigerian Midstream Downstream Petroleum Regulatory Authority (NMDPRA), Harrison Ndika Uchenna, upon his conviction by a High Court of the Federal Capital Territory (FCT) on charges of forgery and using forged documents as genuine.

In a unanimous judgment, a three-member panel of the appellate court also reversed the trial court’s sentence of Uchenna to one year imprisonment or a fine of N50,000  upon his conviction for the offence of criminal trespass.

The judgment was on an appeal, marked: CA/ABJ/CR/634/2022 filed by Uchenna against the judgment delivered on October 11, 2021 by Justice Yusuf Halilu of the HIgh Court of the FCT.

The police had prosecuted Uchenna before the High Court of the FCT on a five-count charge in which he was accused of giving false information to the police, engaging in forgery, using forged documents as genuine and criminal trespass.

Uchenna pleaded not guilty when he was arraigned on the five-count charge, marked: FCT/HC/CR/171/2018. But, at the conclusion of trial, Justice Halilu convicted him on all the five counts.

The trial judge sentenced him to two years imprisonment or option of N50,000 fine in respect of counts one; one year jail term or option on N50,000 fine in respect of counts two and five, which relate to giving of false information and criminal trespass.

He got 14 years without an option of fine for the offences of forgery and using as genuine, forged documents as contained in counts three and four of the charge 

In the lead judgment of the Court of Appeal, Justice Peter Obiorah partially allowed the appeal filed are argued for Uchenna by his lawyer, Dr. Ogwu Onoja (SAN).

Justice Obiorah held that the trial court erred in convicting Uchenna for the offences of forgery, using forged documents as genuine and criminal trespass, because the prosecution failed to prove the offences charged beyond reasonable doubt.

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The judge proceeded to discharge and acquired him on counts three, four and five dealing with forgery, using forged documents as genuine and criminal trespass.

Justice Obiorah however, affirmed Uchenna’s conviction and sentence by the trial court on counts one and two, a decision in respect of which the appellant (Uchenna) has since lodged an appeal at the Supreme Court 

In a certified true copy (CTC) of the judgment, delivered on September 23, Justice Obiorah said: “I have resolved issues one and two in favour of the respondent (the prosecution). 

“The effect is that the conviction of the appellant by the trial court on counts one and two, which are offences bothering on giving of false information, is correct. 

“In the same vein, I have resolved issues three and four in favour of the appellant. This means that the conviction of the appellant for the offences of forgery and criminal trespass by the trial court cannot stand. 

“Consequently, this appeal against the judgment of Halilu, J. of the High Court of the Federal Capital Territory, Abuja in Charge No. FCT/HC/CR/171/2018 delivered on 11th October, 2021, succeeds in part. 

“The conviction and sentence of the appellant in respect of counts one and two of the charge whereby the trial court imposed a sentence of two years imprisonment with an option of fine of N50,000.00 in respect of count one, and one year imprisonment with an option of fine of N50,000.00 in respect of count two, is hereby upheld and 

affirmed. 

“The conviction and sentence of the appellant in respect of counts three, four and five of the charge, whereby the trial court imposed a sentence of 14 years imprisonment without option of fine for counts three and four, and sentence of one year imprisonment with option of fine of N50,000 for count five, is hereby set aside. 

“The appellant is hereby discharged and acquitted in respect of the conviction on counts three, four and five,” Justice Obiorah said.

Justices Hamma Barka and Abba Mohammed, who were also on the panel, agreed with the lead judgment.

The Nigerian Midstream and Downstream Petroleum Regulatory Authority (NMDPRA) yesterday defined Wholesale Customer of Petroleum Liquids as the one that supplies 10 million litres per annum. 

The Authority in its document titled: “Regulatory Regime for Wholesale Supply Operations,” which made the definition a refiner as one who uses 65,000 barrels per annum.

The NMDPRA presented the document in Abuja at the stakeholders sensitization program on regulatory regime for wholesale operations.

The document said the duty of a wholesale supplier is to provide reliable supply of hydrocarbon to its wholesale customers.

He or she is expected to remit wholesale levies collected as component of wholesale price paid by wholesale customers as applicable.

NMDPRA said the “Petroleum Industry Act (PIA) introduced the concept of wholesale supply to ensure delivery of hydrocarbons to the midstream and downstream petroleum sector.”

The PIA, said the  document, also ensures appropriate licence for any person engaged in the sale and delivery of petroleum liquids to wholesale customers either for domestic use or export.

Earlier, NMDPRA Chief Executive, Engr. Farouk Ahmed recalled that the PIA came into existence in August 2021, introducing licences for wholesale supply operations as prescribed in sections 142 and 197 of the Act.

Represented by the Hydrocarbon Processing Plants, Installations and Transportation Infrastructure, Engr. Francis Ogare, he said the enforcement of the PIA stipulations would have commenced since 2021.

He said while some of the operators are complaining that the law should be upturned others are complaining of paucity of cash owing to non-payment from their customers.

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Ahmed, however, revealed that the government has been worried that the NMDPRA has not enforced the law fully in this regard.

He told the operators that “This programme is to tell you this law of the country. When we write you the letter of non-compliance we are saying you are not following the law.”

These licences, he said, are the appropriate licences for entities engaged in, or wishing to engage in, the sale and delivery of natural gas and petroleum liquids, for domestic use or exports. 

He explained that wholesale gas and petroleum liquids supply operations marks a significant evolution from the Petroleum Act of 1969 (PA) that was focused on production and exports only, to the Petroleum Industry Act of 2021 (PIA), which ensures domestic energy security in addition to exports.

He said the benefits of wholesale supply operations cannot be over emphasized.

Continuing, he said they include fostering investments across the petroleum value chain, enhancing transparency in hydrocarbon measurement, providing tools for enforcing domestic obligations, ensuring arm’s length dealings for a level playing field, and acting as a pathway for willing buyer-willing seller transactions of Nigeria’s hydrocarbon resources, amongst many other significant advantages.

According to him, however, due to lingering issues, NMDPRA has been inundated with contentions regarding the implementation of wholesale supply operations. 

He said the “recently published Guidelines on Wholesale Gas and Petroleum Liquid Supply Operations on our NMDPRA website will be the focus of the presentation. 

“There will be discussions on the wholesale supply licensing framework, qualified persons for the licence, and opportunities for collaborations to ensure maximum benefits are derived from wholesale supply operations.

“As is the practice with NMDPRA, the program shall be interactive with a question-and-answer session after the presentation is made. 

“This will enable us to gather feedback that will aid the smooth implementation of these guidelines. 

Finally, as stakeholders in this industry, it is important to note that it is our collective responsibility to ensure that current and future wholesale gas and petroleum liquids supply demands are met. 

“This is not only pivotal to our national economy but also integral to the global energy market.

“I therefore appeal to you to explore these opportunities through the operationalisation of these guidelines that will pave the way for optimised midstream and downstream oil and gas operations, energise development of infrastructure and foster collaborations that will contribute to the growth of our nation’s energy sector.”

The Nigerian Midstream and Downstream Petroleum Regulatory Authority (NMDPRA) on Wednesday, September 18, said it was not aware of any other importer of the Premium Motor Spirit (PMS) petrol aside from the Nigerian National Petroleum Company Limited (NNPCL).

The Authority said to the best of its knowledge, the national oil company remains the sole importer of the product.

The clarification came on the heels of a media publication that three marketers have imported petrol owing to the prevailing price of the product from NNPCL.

Asked to confirm the news, NMDPRA, Head of Public Affairs, George Ita-Ene, said: “You know NNPCL is the sole importer of the product?”

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He added: “I am not aware of that (three marketers importing petrol to Nigeria). I don’t think it is factual.”

Speaking with The Nation, Independent Petroleum Marketers Association of Nigeria (IPMAN), National President, Alhaji Abubakar Maigandi, said his members were yet to take any decision concerning the petrol market because NNPCL has not informed them of price adjustments.

He also said NNPCL has not changed the prices at which it offered marketers petrol since Dangote began the production of petrol.

According to him, the supply of petrol to marketers has been on the increase daily this week.

He urged Nigerians to be patient with the energy policies of President Bola Tinubu, stressing it would result in a reduction in the demand for the dollar and strengthen the value of the Naira.

“There is no change in pump price from NNPCL. So, we are yet to decide anything about importation. We want to see how Dangote will go because he promised to partner with us.

“The supply of petrol is increasing on a daily basis. We Nigerians should be patient with Tinubu on his energy policy because it will reduce the demand for dollars and increase the value of Naira,” said the IPMAN boss.

The Nation observed yesterday there were still queues in the Federal Capital Territory (FCT) for petrol, especially in relatively cheaper retail outlets such as NNPCL, Total, and Conoil.

NNPCL has left its pump price unchanged at N897 per litre while others sell as high as N926, N950, N955, and N990 per litre.

Black marketers who sold in plastic containers vended 10 litres for N12,000 to N140,000.

Security operatives yesterday nabbed four suspects when the Nigerian Midstream and Downstream Petroleum Regulatory Authority (NMDPRA) began a clampdown on black marketers of Premium Motor Spirit (PMS) petrol in the Federal Capital Territory (FCT).

Leading a team of the Authority, executive directors Ogbugo Ukoha & Dr. Mustapha Larmode in collaboration with security agencies conducted surveillance to some outlets around the metropolis and in the process discovered a couple of illegal fuel dumps and depots around the FCT.

This was contained in a statement by NMDPRA. It reads: “Four persons were eventually apprehended and taken into custody. The perpetrators were arrested and subsequently handed over to the Department of State Security for prosecution.”

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NMDPRA, said the statement, had hosted a stakeholders meeting involving major retail outlet managers in the FCT.
The meeting was aimed at reiterating Authority’s standing regulations against illegal peddling of petroleum products particularly PMS (petrol) in jerrycans. Marketers were warned that henceforth,
The statement noted that NMDPRA will ensure strict compliance by increasing its surveillance monitoring routine and would seriously clampdown on erring marketers who are seen to be aiding and abetting this practice by suspending their retail licenses.
The Authority is taking this decisive step to safeguard lives and properties of Nigerians that are usually at risk of fire outbreaks through improper handling of the volatile & highly flammable product. The Authority is also mindful of the nefarious practices of cross border smuggling of the products with the use of jerrycans.

Arising from a meeting with high-volume suppliers of petroleum products on Tuesday, May 14, the Nigerian Midstream and Downstream Petroleum Regulatory Authority (NMDPRA) said there will be a new requirement for Premium Motor Spirit (PMS) petrol stations to have the Compressed Natural Gas (CNG) points of sale.

This is to align with President Bola Tinubu’s CNG initiative and also make the CNG available to Nigerians.

The Authority, Chief Executive, Engr. Farouk Ahmed broke the news to reporters in Abuja.

“We will require that CNG add on to be put in point of the petrol stations. And the new applications will be one of the requirements that you must have a CNG add-on in your petrol station,” he said.

He appealed to partners in the industry to invest in the business to ensure that there are points of sale of CNG available to consumers.

According to him, as soon as the Authority is through with engagements and deliberations with the stakeholders for an alignment with the decision, there will be the rollout of this regulation.

Ahmed said, “Plans for CNG:  You heard what Mr. President said yesterday that all government agencies, ministries and departments are to patronize or refocus their mobility on the CNG power.

“What we are saying from NMDPRA is to make it available to the consumers, we are appealing to our partners in the industry to also invest in ensuring that that point of sale is available to the consumers.

“By so doing we are going to roll out once we finish our engagement and discussions with them, we align.”

The Authority Chief Executive also revealed that the meeting also discussed the requirement for petrol stations to have trackers which monitor their consumption.

This, according to him, is to ascertain the actual national consumption volume figure in the country.

He disclosed that the industry now wants to move from simply relying on trucking figures to actual consumption volume figures.

Ahmed said: “We also talked about our National Consumption: the requirement for petrol stations or retail outlets and the trucking industry to put some trackers that monitor the movement of the product as well as the dispensing and accounting for the volume sold or the volume transported so that we can have a very good estimate of our actual consumption.

“Because currently what we do, we rely heavily on the trucking rather on than on the actual delivery into retail outlets or other consumption areas.”

He said one of the other issues that is of concern to marketers is the ability to import petroleum products especially diesel and ATK, which is Aviation Turbine Kerosene or Jet kero in the advent of the new refinery that came on stream that is the Dangote Refinery.

Ahmed noted that it is a commercial decision for Dangote Refinery to sell its products at any price, based on market forces, adding that it is also the decision of the marketers to patronize him or not.

The Authority Chief Executive said the primary concern of the NMDPRA is to ensure an adequate supply of products and to bridge the supply gap.

He, however, appealed to patronize the indigenous firm, which is a major achievement in the country which has been importing virtually all its petroleum products.

Ahmed said, “And we allayed all the fears of the marketers that Dangote Refinery is a major achievement in our country because in the past we were importing every litre of petroleum product that we required except those supplied by modular refineries.

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“And as oil producing country, we believe NMDPRA that we should support our local industries and that is why we encouraged our marketers to patronize our local industry. At the same time, it is a commercial decision that they have to make themselves between the supplier and the consumers or the marketers or the client.

“NMDPRA will not determine how much is sold, the price you are selling and the price you are buying but just like any other market, it is a matter of supply and demand. It is your own decision to go to Dangote Refinery and purchase or for Dangote Refinery to determine the price they sell.

“But we as the regulator are only interested in ensuring that the nation is well supplied to prevent any supply gap.”