NCDMB: Court Affirms Mandate to Collect 1% NCDF in Oil/Gas Sector

 

The Federal High Court sitting in Yenagoa, Bayelsa State has delivered a landmark judgment confirming the authority of the Nigerian Content Development and Monitoring Board (NCDMB) to collect the one percent Nigerian Content Development Fund (NCDF) levy from every contract awarded in the Nigerian oil and gas upstream transaction as mandated under section 104 of the Nigerian Oil and Gas Industry Content Development (NOGICD) Act.

The judgment was delivered in the case instituted by a group of Nigerian Drilling Companies known as Incorporated Trustees of the International Association of Drilling Contractors (IADC) against the NCDMB, seeking to stop the collection of one percent NCDF levy.

The IADC members had filed the lawsuit – Suit No.FHC/YNG/CS/178/2022 challenging the powers of NCDMB to demand the one percent NCDF levy from their members and contractors, contrary to the clear provisions of section 104(2) of the NOGICD Act which states that “the sum of one percent of every contract awarded to any operator, contractor, subcontractor, alliance partner or any other entity involved in any project, operation, activity, or transaction in the upstream sector of the Nigeria oil and gas industry shall be deducted at source and paid into the Fund.”

The group also obtained an ex-parte injunction against the Board prohibiting the demand, collection or anything whatsoever either by itself or through its agents, representatives, or privies in relation to NCDF payment or remittance from their members and contractors pending the final determination of the lawsuit.

The Executive Secretary of NCDMB, Engr. Simbi Kesiye Wabote confirmed the development, saying that “the Board vigorously contested the issues in court and effectively countered the arguments of the plaintiffs. Hence, on Tuesday 9th May 2023, the Federal High Court finally gave judgment in favour of the Board, dismissing the suit and prayers of the plaintiffs as wholly incompetent, baseless and that the suit did not disclose any reasonable cause of action. The interim injunction earlier granted ex-parte on the 19th of July 2022 was also vacated.”

Wabote enthused that the decision would strengthen the Board’s resolve and commitment to Nigerian content implementation regardless of any headwind or distraction.

The NCDF is NCDMB’s only source of funding sequel to the exit of the Board from federal allocation in 2017/2018. The NCDF is applied towards funding the implementation of Nigerian content development in the Nigerian oil and gas industry, notably projects, programmes and activities directed at increasing Nigerian content in the oil and gas industry.

One of the judicious applications of the Fund is the very successful credit scheme extended to Nigerian oil and gas businesses through the Nigerian Content Intervention Fund (NCI Fund), managed by the Bank of Industry (BOI) and the Nigerian Export-Import Bank (NEXIM-Bank).

Other notable utilisations of the NCDF are the development of Nigerian Oil and Gas Parks Scheme (NOGAPS), equity participation in notable third-party ventures, Human capacity development initiatives, and the institution of the Nigerian Content Research & Development Fund as well as other R&D initiatives.

Other applications are the construction of the 17-storey Nigerian Content Tower, entrepreneurship schemes and competitions, and the on-going construction of the Conference Hotel Project (CHP).

 

Hot this week

PenCom Engages Lagos State over Increase in Pension for Lagos State Retirees

The National Pension Commission (PenCom) acknowledges the concerns expressed...

The Nigeria Prize for Literature: Eze, Ifowodo, Oburumu in the Race for $100,000

The field has narrowed and the race for the...

Ecobank Unveils N20m InnovateX 2026 Opportunity for Young Nigerians

Ecobank Nigeria has called on young Nigerians, particularly students,...

Leadway Assurance Partners Orivon to Unveil EEWYLA Program at LAUTECH

Oriyon International Limited, a livestock production and aggregation company focused...

Tinubu to Declare Niger Delta Economic, Investment Summit Open Sept 15

President Bola Ahmed Tinubu is expected to declare open...

Topics

Digital Solutions to Drive UN Development Goals by 2030

The information and communication technologies (ICT) sector can play...

GDP Contracts 1.3% in Q4: 2016; February PMI Data Shows Further Weakness

The National Bureau of Statistics (NBS) released Q4:2016 GDP...

SMILE Unveils Lowest 4G LTE Mobile Call Rates in Nigeria

‘Today, I am proud to announce the lowest call...

Sanlam Nigeria Unveils Family Love Plan, Code of Confidence

L-R: Tawiah Ben-Ahmed MD CEO Sanlam Ghana, (2nd) Bode...

TotalEnergies Ubeta Field ’ll Record Nigerian Content Successes – NCDMB ES

The execution of the Ubeta Field Development Project by...

Lagos Comic Con Show Returns Sept 19

The Lagos Comic Con, now known as the Fearless...

CIIN President, Registrar Honour The Nation’s Insurance Editor at Father’s Burial

L-R: Mr. Edwin Igbiti, President/Chairman of Council, Chartered Insurance...

An Industry Roadmap for Next Commissioner for Insurance

Considering the contests Nigeria has experienced to have candidates elected into political offices this year, I would sometimes wish that other offices, though professional but equally political, undergo such contests involving manifesto-based campaigns and broad consultation with stakeholders. More than the just concluded elections, the emergence of a new Commissioner for Insurance (CFI) and helmsman of National Insurance Commission (NAICOM) through appointment by the President matters and should matter for many Nigerians. This is because the Nigerian insurance industry bears the promise of employment to increasing number of young job seekers, the opportunity of long term investible funds as we enhance our infrastructural base and the hope for improvement in the management of the emergent risks associated with decisions concerning our national economy.