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ARTICLE · 26 MAY 2020

NDDC v Nigerian LNG: Echoes And Lessons

In tandem with "revival" efforts to enact the Petroleum Industry Bill (PIB), the PIB Task Force's deliverable will foreshadow an Executive Bill to be (re)submitted...

NigeriaGovernment, Public Sector

Introduction

In tandem with "revival" efforts to enact the Petroleum Industry Bill (PIB), the PIB Task Force's deliverable will foreshadow an Executive Bill to be (re)submitted to the National Assembly. Given the divergence in previous versions, tax fiscal provisions of the new PIB will be of particular interest. The recent trial and appellate decisions in NDDC v NLNG (2009) 1 TLRN 25; (2011) 4TLRN 1 comes to mind, against PIB's expressed intent to overhaul petroleum fiscal landscape, vis a vis potential implications on subsisting industry contracts.

The PIB's "resource nationalism" objective should not surprise anyone: Nigeria owes herself a duty to extract optimal value from its natural endowments, although how well that is deployed for national benefit is another matter. The Economist of 11/2/2012 stated: "resource nationalism is nothing new...Nor is the practice confined to developing countries that feel they came off second-best when negotiating resource

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