From the GG Platform: Courtesy Udem.
Rather simple question won’t you say
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…
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, General Yakubu Gowan passed decree No 13, this was how crude oil taxes were now to be shared.
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%
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 1975, General Murtala Muhammed introduced decree 6, this is how crude oil taxes were shared
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%
Again the military decided the oil producing states should “manage” 20%. of oil revenues non-oil states got zero…
In 1976, 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%
also introduced the Consolidated Revenue fund aka FAAC, thus, the oil
taxes were centrally pooled, then shared to all states.
the important junction in Nigeria fiscal federalism, this was when
crude oil was federalized, taken from the states, managed by the federal
government then shared back to the states. In essence, crude oil was no
longer based on derivation but on metrics like equality, fiscal
efficiency and absorptive capacity…
In 1979, President Shehu
Shagari set up the Okigbo Commission, to review the sharing of oil
revenues. The Commission agreed to retain the Obasanjo 0% allocation to
oil producing state and continue with FAAC but they tweaked the sharing
formula in FAAC…. they came up with
Equality of States 50%
Land mass 10%
So here we see population of states and land mass introduced
just 9 years, the oil producing states saw their share of crude oil
taxes go from 67.4% to zero. It took until the year 2000 for the
implementation of 13% back to the oil producing states.
So in summary, its 67% to 0% to 13%.
revenues were in essence transferred from the states to the federal
government by decree, even today, if Exxon Mobil pays VAT on operations
in an oil producing state, that VAT is 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 flare gas, i.e. we legally “burn” money, The FGN has taken the
oil wells but can’t pay Joint Venture cash calls...the FGN can’t clean
the oil spills, they can’t even pass a PIB...
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
primary health care, then also funds religious pilgrimages and football.
powers the FGN has given to itself outside the constitution have been
made possible because the FGN has grabbed a hold of the oil wealth of
the nation. for instance primary schools are the function of the Local
Governments and the Constitution recognizes that and allocates money to
them, but the revenues for the local governments are paid to the
states….via a "joint" account.
Right now, we have a problem, there is no more oil and salaries must be paid, salaries that had been paid by crude oil.
Federal Government enjoyed a monopoly on telecoms in Nigeria, the
result was that 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…
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.
have to change. Nigeria can’t say its practicing a federal system of
governance without fiscal federalism, that will be like driving a car
So what should we do? It’s a no brainier, give the oil back to the people, Tax the oil business....simple
The FGN has to get out of business, and set itself 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 allocation, as long as
the FGN is responsible for collecting 95% of taxes and Local Government
are paid their allocation via states, we can’t really expect and demand
“To him who little is given…little is expected”
It’s our problem, we can fix it
- Kalu Aja