Thread by @FinPlanKaluAja1

Who own the crude oil in Nigeria?

Rather simple question won’t you say? to own a thing, implies you derive utility from it, so let’s answer by examining who derives utility from crude oil in Nigeria. Utility of course means taxes, who derives taxes from crude oil?

Well before the independence of Nigeria, as at 1958 this was how crude oil taxes were shared…

1958:
1. Oil Producing States retained 67.4% of Mining Rents and Royalties

2. Federal Government got 20% of Mining Rents and Royalties

3. Non-oil states got 12.6%

So the crude oil and gas was owned by the oil producing states, that how the British left it.

In 1970, Nigeria Head of State General Yakubu Gowan passed Decree No 13, this was how crude oil taxes were now to be shared.

next tweet...

1970
1. Oil Producing States retained 45% of Mining Rents and Royalties

2. Federal Government got 55% of Mining Rents and Royalties

3. Non-oil states got 0%

So in the military’s wisdom, the non-oil states did not deserve to get any share of oil revenues. Oil was only for the oil producing states and the Federal Government.

Then in 1975, General Murtala Muhammed introduced Decree 6, this is how crude oil taxes were shared

1975
1. Oil Producing States retained 20% of Mining Rents and Royalties

2. Federal Government got 80% of Mining Rents and Royalties

3. Non-oil states got 0%

In 1975, the military decided the oil producing states should “manage” 20% of oil revenues. Non-oil states still got zero…

In 1976, Head of State Gen Obasanjo created a technical commission called the Aboyade Technical Commission, this was the result

1. Oil Producing States got 0% of Mining Rents and Royalties

2. Federal Government got 100% of Mining Rents and Royalties

3. Non-oil states got 0%

General Obasanjo, also introduced the Consolidated Revenue fund aka colloquially as "FAAC", thus, ALL the oil taxes were now to be centrally pooled, then shared.

This was d important junction in 9gr fiscal federalism. Crude oil was federalized, taken from States, managed by the Federal Government then shared back to the States. Revenues no longer based on derivation but on metrics like equality, fiscal efficiency & absorptive capacity.

In 1979, President Shehu Shagari sets up d Okigbo Commission, to review the sharing of oil revenues. The Commission agreed to retain the Obasanjo 0% allocation to oil producing state & continue with FAAC but they tweaked the sharing formula in FAAC, they came up with..next tweet

1979
Equality of States 50%
Population 40%,
Land mass 10%

So here we see population of States and land mass introduced to revenue sharing

In just 9 years, the oil producing States saw their share of crude oil taxes go from 67.4% to 0%. It took until the year 2000 for the implementation of 13% Derivation principle back to the oil producing states.

So in summary, its 67% to 0% to 13%.

Oil revenues were in essence transferred from States to the Federal Government by Decree. Even today, if ExxonMobil pays VAT on operations in an oil producing State, that VAT is collected and shared by the Federal Government to all States of the Federation. Oil is a Federal baby

What is the effect? Well massive inefficiency in the oil and gas sector.

It’s fair to say the FGN has mismanaged the oil industry, NNPC is essentially broke…can’t manage its assets to return a profit, still flares gas, i.e. legally “burn” money.

The FGN has taken over oil wells but can’t pay Joint Venture cash calls. The FGN can’t clean the oil spills, they can’t even pass a Petroleum Industry Bill.

So why hold the oil? If they can’t manage it? Well because the FGN has built a massive bureaucracy funded by crude oil.

The FGN pays for primary education and healthcare, also funds religious pilgrimages and football. These powers the FGN has given to herself outside the constitution have been made possible because the FGN has grabbed a hold of the oil wells of the nation.

Primary schools are the function of the Local Governments and the Constitution recognizes that and allocates money to them, but the oil revenues for the local governments are collected by the Federal Government, then shared.

The Federal Government enjoyed a monopoly on telecoms in Nigeria, the result was a phone became a luxury, only for the rich, in 2001, the FGN left the business of communication, became a regulator and tax recipient, and today everyone has a phone, I mean everyone…

What is the fascination in crude oil that the FGN still wants to own it? If the Federal Government can hand over Telecoms, regulate and tax the telecoms companies...why not do the same for crude oil? Before 2001, the FGN funded NITEL, today the GSM companies fund the FGN.

Thing have to change. Nigeria can’t say its practicing a federal system of governance without fiscal federalism, that will be like driving a car without wheels.

So what should we do? It’s a no brainier, give the oil back to the people, Tax the oil business....simple

What to do?

1. The FGN has to get out of business of Business, and set herself as a regulator of business and recipient of business taxes, the gains are obvious, its costs are reduced, and its revenues go up.

2. Give the oil and non-oil assets back to the States and Local Governments, let States retain the proceeds of exports from their States. In essence if cocoa is exported, the State or origin of that Cocoa get a share of the Company income tax by Derivation

This is not just a call for resource control, it’s a call for responsibility, as long as the FGN is responsible for collecting and sharing 95% of taxes and LGAs are paid an allocation, do not really expect and demand much.

“To him who little is given…little is expected”