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Lagos, Nigeria

Nigeria

Status
Satisfactory progress
Joined
27 September 2007
Latest validation
2019
Latest data from
2018
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Overview and role of the EITI

Nigeria is world’s 12th largest producer of oil and the largest in Africa. It also holds the largest natural gas reserves on the continent. The oil and gas sector plays a significant role in the economy, contributing about 65% of government revenue and over 85% of total exports. Nigeria also has a largely underdeveloped mining sector, which makes up less than 1% of the country’s GDP.

However, the extractive sector has had a limited impact on socio-economic development in the past, in part due to weak governance and corruption. In this context, EITI implementation has helped to improve transparency of the sector’s management and highlight areas in need of reform. In August 2021, Nigeria enacted the Petroleum Industry Act (PIA), thereby introducing new arrangements for the governance, administration and management of the sector, including stronger oversight of host communities.

Economic contribution of the extractive industries

54.4%
to government revenues
75.5%
to exports
8.6
% GDP
0.01
% to employment
  • Step 1
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  • Step 3

Download country data

Download open data on government and company revenues, revenues by revenue stream and indicator, summary data and more.


Innovations and policy reforms

  • Nigeria EITI, through several recommendations from its reports and MSG dialogue, has supported and sustained national debate contributed to the enactment of the Petroleum Industry Act of 2021.
  • A 2017 NEITI policy brief – which highlighted that over USD 20 billion government revenue from the Nigerian National Petroleum Corporation (NNPC) was not remitted – generated a national dialogue. NEITI’s regular policy briefs, occasional papers and quarterly reviews have informed policy and public debate on aspects of Nigeria’s extractive sector.
  • A 2019 financial modelling study, conducted by NEITI and OpenOil estimated a revenue loss ranging between USD 16 billion to 28 billion due to the government not triggering a 15-year review of the 1993 PSCs. The findings of the study contributed to a review of the terms and royalty rates of Product Sharing Contracts (PSCs) in 2019.
  • In 2019, NEITI organised a national dialogue on the revenue loss of about USD 42 billion to oil theft over a period of 10 years.

Our faith in the EITI process is not just because it is key to these two key government agendas, but also because, over the years, NEITI has demonstrated a high degree of competence, integrity and commitment to the values that the country requires to achieve economic growth and development in the sector through availability of reliable information and data required for national planning and reforms. It has also supported phenomenal revenue growth in the sector through meticulous application of EITI principles.

Boss Mustafa Secretary to the Government of the Federation, on behalf of President Muhammad Buhari

Extractive sector data

Revenue collection

Level of detail 2

Revenue distribution

2018
Standardised revenue types

Top paying companies

2018

Extractive sector management



Licenses and contracts

Nigeria’s Ministry of Petroleum Resources grants petroleum prospecting licenses and mining leases in accordance with regulatory guidelines. The Nigerian Petroleum Upstream Regulatory Commission is responsible for granting exploration licenses. The Petroleum Industry Act mandates the sector regulators to establish and maintain a public register of leases, licenses, permits and authorisations.

In the mining sector, the Mining Cadastre Office is responsible for granting licenses and for maintaining a record of all license applications. Licenses are granted according to the Guidelines on Mineral Titles Applications.


Beneficial ownership

In 2020, the government amended the Companies and Allied Matters Act (CAMA), which provides a legal framework for collecting beneficial information from oil, gas and mining companies and for establishing a beneficial ownership register. NEITI is coordinating with regulatory agencies to strengthen the collection of beneficial ownership data. It is also working with the financial intelligence unit to improve data verification and is establishing a committee to advance the process of implementing ownership transparency.

In 2019, NEITI established a register containing ownership data for extractive companies covered by its 2012-2018 audit reports. In 2021, Nigeria became a participant in Opening Extractives, a global five-year programme that aims to improve the availability and use of beneficial ownership data. 


Revenue distribution

Nigeria’s Constitution stipulates that all extractive revenues accruing to the government should be allocated as follows:

  • 52.68% to the Federal Government;
  • 26.72% to the states;
  • 20.60% to the local government areas.

The Constitution also assigns 13% of oil revenues to derivation funds for the benefit of  oil producing regions. NEITI previously examined the allocations, deductions and use of funds for selected states and government agencies from 2007 to 2016.


EITI implementation

Governance

The NEITI Act of 2007 establishes NEITI as an agency of government under the Presidency. The Nigeria Multi-Stakeholder Group (MSG), also called the National Stakeholders Working Group (NSWG), serves as the board of NEITI. It is chaired by Mr Olusegun Adeyemi Adekunle, a retired Permanent Secretary in the Office of the Secretary to the Government of the Federation.

Timeline

Validation

Nigeria was found to have made satisfactory progress in implementing the 2016 EITI Standard in February 2019, following its second Validation. Nigeria fully addressed the corrective actions identified in its previous Validation. The next Validation is expected to commence in October 2022.

Moreover, in June 2020, the EITI Board agreed that Nigeria has made meaningful progress in implementing EITI Requirement 2.5 on beneficial ownership.

Scorecard

Latest Validation: 17 October 2019
Year

Assessment of EITI requirements

  • Not met
  • Partly met
  • Mostly met
  • Fully met
  • Exceeded
Scorecard by requirement View more Assessment View more

Overall Progress

MSG oversight

1.1Government engagement

The government is fully, actively and effectively engaged in the design, implementation, monitoring and evaluation of the EITI process and the government appears to have a strong commitment to the implementation of EITI in Nigeria (NEITI). The NEITI Act is a powerful tool to empower the multi-stakeholder group (MSG). Although funding is a challenge, this appears to be systemic and is not indicative of a lack of government engagement.

1.2Industry engagement

Companies are actively and effectively engaged in the EITI process, but only mostly as providers of information. The NEITI Act of 2007 provides an enabling legal environment for EITI reporting and there do not appear to be legal barriers to company disclosure. The MSG is working on improving engagement with the industry constituency.

1.3Civil society engagement

There is no evidence of any breaches of the Civil Society Protocol. The civil society constituency developed and implemented an action plan for addressing the deficiencies in civil society engagement within three months of the Board’s decision. Evidence suggests that the civil society constituency is fully, actively and effectively engaged in all aspects of EITI implementation.

1.4MSG governance

The civil society constituency has revised and clarified its procedures for nominating and appointing its NSWG members. Each constituency is entitled to provide their binding recommendations on nomination of their NSWG members by the President of Nigeria. The formalisation of the MoU between the Companies’ Forum and NEITI has ensured that industry NSWG representation covers the interests of all extractives companies. The amendments to the NEITI Board Charter in June 2018 strengthened constituency coordination and consultation requirements.

1.5Work plan

The NSWG has updated NEITI's four-year strategic plan, including objectives, in December 2016 and has revisited objectives through the annual updates to the NEITI work plan in 2017 and 2018. Analysis of the 2018 work plan indicates that all aspects of Requirement 1.5 have been fulfilled and that the broader objective of annual work planning has been met.

Licenses and contracts

2.1Legal framework

NEITI Reports describe the legal environment and fiscal framework for both solid minerals as well as oil and gas. The main laws are described in general terms, the main taxes are listed, the degree of fiscal devolution is clearly defined and the main on-going or planned reforms are noted.

2.2License allocations

NEITI has disclosed information on the mining, oil and gas licenses awarded and transferred in 2015, including in the NSTP-JDZ, confirming the lack of non-trivial deviations from the applicable legal and regulatory framework. It has publicly described the process for awarding and transferring licenses, including technical and financial criteria assessed and the list of bidders for the three oil and gas licenses awarded in 2015 through competitive tender.

2.3License register

NEITI has published information on all licenses held by material companies covering all data points per Requirement 2.3, aside from dates of application for 15 of the 23 oil and gas production licenses and license coordinates for three oil and gas licenses. There was no oil and gas production associated with these three licenses in 2015. The MMSD’s GeoMining Investor Portal provides all information per Requirement 2.3 aside from dates of application and license coordinates. However, this data is publicly-accessible free of charge upon request to the MCO’s head office.

2.4Policy on contract disclosure

While there are only licenses, no contracts, in the solid minerals sector, Nigeria has clarified the government’s policy on contract disclosure and reviewed actual practice in the oil and gas sector.

2.5Beneficial ownership

The Validation of Requirement 2.5 in 2021 focused only on assessing the country’s progress in meeting the initial criteria. Nigeria has established a legal framework for beneficial ownership disclosures. All companies applying for mining licenses are requested to submit data on their beneficial owners, while similar regulations being developed (but not yet implemented) for companies applying for petroleum licenses. An interim public online register has been established by NEITI, pending the Corporate Affairs Commission’s permanent register.

2.6State participation

There were no material SOEs in mining in 2015. NEITI has published information confirming that state participation in oil and gas is material, disclosed a list of companies and joint ventures in which NNPC held equity and a list of PSCs in which NNPC held participating interests, including the lack of changes in 2015. NEITI has provided an overview of the statutory rules governing the financial relations between NNPC and government and highlighted deviations in practice. Finally, NEITI has disclosed information on loans and guarantees.

Monitoring production

3.1Exploration data

The EITI Reports provide extensive information on the solid minerals, oil and gas sectors, including information on history, reserves, location, trade profile and significant exploration activities.

3.2Production data

The 2015 EITI Reports provided the 2015 production volumes and values for all extractives commodities produced in 2015.

3.3Export data

The 2015 EITI Reports provided the 2015 export volumes and values for every extractives commodity exported in 2015.

Revenue collection

4.1Comprehensiveness

The 2015 EITI Reports provide the NSWG's definition of the materiality thresholds for selecting revenues and companies. All material companies and government entities reported comprehensively all material payments and revenues in the 2015 EITI Reports. While the exclusion from reconciliation of revenue flows listed in Requirement 4.1.b poses a procedural challenge, it is considered that the broader objective of revenue transparency was achieved given the exclusion of these revenues on quantitative materiality grounds. Full unilateral government disclosures of material revenues was provided.

4.2In-kind revenues

The 2013 EITI Report provides volumes collected, sold and proceeds generated from the state’s share of in-kind revenues. The MSG has gone beyond the requirement in disclosing significant additional information on the terms of sales and buyers of Nigeria’s share of crude oil production. The requirement is not applicable in the solid minerals sector.

4.3Barter agreements

The 2015 EITI Report confirms the lack of barters or infrastructure arrangements in mining in 2015. The 2015 EITI Report identifies Offshore Processing Agreements (OPAs) as barters and provides a comprehensive description of the terms of the relevant agreements and contracts, the parties involved, the resources pledged by the state, the value of the balancing benefit stream, and the materiality of these agreements relative to conventional contracts.

4.4Transportation revenues

The 2015 EITI Report confirms the lack of transport revenues related to mining in 2015. The 2015 EITI Report describes transport revenues in oil and gas and the operator’s unilateral disclosure of such transport revenues in 2015, although these were not considered material. Although there is no evidence of the NSWG considering the materiality of revenues collected by NLNG from the transportation of LNG, the EITI Report clarifies that NLNG is not considered a SOE for EITI reporting purposes.

4.5SOE transactions

The 2013 EITI Report discloses SOE transactions with government including the remittance of proceeds of the sale of the state’s in-kind revenues as well as dividends by Nigeria LNG Limited (NLNG, a state-owned enterprise), highlighting deviations from statutory rules in practice. This requirement is not applicable in the solid minerals sector.

4.6Direct subnational payments

Through the 2015 EITI Reports, NEITI has demonstrated that it does not consider direct subnational payments, either in oil and gas or in solid minerals, to be material in 2015.

4.7Disaggregation

The 2013 EITI Reports disclose of revenue data disaggregated by individual company, government entity, and revenue stream.

4.8Data timeliness

The 2015 EITI Reports covering solid minerals and oil and gas were both published in 2017, within two years of the end of the fiscal period covered. While additional information was published subsequent to two years after the end of the fiscal period covered, the reconciled financial data was published in a sufficiently timely manner.

4.9Data quality

The reconciliations of payments and revenues have been undertaken by two IAs, appointed by the NSWG, and applying international professional standards. The ToRs used for the production of the 2015 EITI Reports were not consistent with the standard ToR approved by the EITI Board, although all key steps were followed nonetheless. Appropriate safeguards were established to preserve the integrity of financial information pre-reconciliation. The 2015 EITI Reports provide the IAs' assessments of the comprehensiveness and reliability of the (financial) data presented. Reconciliation coverages are provided. The reports include informative summaries of the work performed by the IAs and the limitations of the assessments provided. There is clear evidence that NEITI has followed up on past EITI recommendations and presented clear recommendations for 2015.

Revenue allocation

5.1Distribution of revenues

The EITI Reports clearly state which extractives revenues were recorded in the federal budget, deviations in practice from statutory rules and the use of revenues collected by federal entities not recorded in the budget.

5.2Subnational transfers

The 2015 EITI Reports describe statutory subnational transfers linked to extractives revenues and provide the revenue-sharing formulas. NEITI has disclosed the value of actual subnational transfers in 2015 and highlighted discrepancies with calculations according to the revenue-sharing formulas.

5.3Revenue management and expenditures

Not assessed

The MSG has attempted to include information on the federal budget-making process and links to some of the relevant government websites in the EITI Reports.

Socio-economic contribution

6.1Mandatory social expenditures

NEITI has publicly described mandatory social expenditures in both mining and oil and gas, comprehensively disclosing and reconciling these expenditures, with additional information in line with Requirement 6.1.a.

6.2Quasi-fiscal expenditures

There are no quasi-fiscal expenditures in mining. In oil and gas, NEITI has disclosed information on off-budget fuel subsidies by NNPC. While the lack of access to NNPC’s audited financial statements raise questions over the comprehensiveness of NEITI’s reporting, there was consensus among stakeholders consulted that the 2015 EITI Report was comprehensive of NNPC’s quasi-fiscal expenditures.

6.3Economic contribution

NEITI has published data on the contribution, in absolute and relative terms, of both oil and gas and solid minerals to GDP, government revenues, exports and employment, identifying the location of production.

Outcomes and impact

7.1Public debate

The MSG has taken steps to ensure that the EITI Report is comprehensible, actively promoted and publicly accessible. Through the organisation of dissemination events and workshops, NEITI has ensured that the EITI has also contributed to public debate.

7.2Data accessibility

Not assessed

EITI Reports, and particularly their simplified versions, are accessible, provided in machine readable format, and actively disseminated.

7.3Follow up on recommendations

While recommendations of EITI Reports are not consistently implemented, the MSG has debated the recommendations and ensured that they are addressed by relevant government entities. The government has also established the Inter-Ministerial Task Team to steer implementation of the recommendations while legislators have formed an ad hoc committee to follow up.

7.4Outcomes and impact of implementation

NEITI uses the Annual Progress Reports to benchmark its strategic decisions to its overall record of achievements, identify shortcomings and look at future projections.


Key documents

Contacts