 
COMMUNIQUE FOLLOWING A PUBLIC AND AN
EMERGENCY PRIVATE SESSIONS OF THE
PRODUCERS’ FORUM ON THE PROPOSED
PETROLEUM INDUSTRY BILL (PIB) AND OTHER
SUNDRY MATTERS IN UPSTREAM SECTOR OF THE
NIGERIAN OIL AND GAS INDUSTRY HELD AT
THE EKO HOTEL AND SUITES, VICTORIA
ISLAND, LAGOS ON SATURDAY, THE 28TH
OF NOVEMBER, 2009
The Branches of Petroleum and Natural
Gas Senior Staff Association of Nigeria
(PENGASSAN) in the Upstream Sector of
the Nigeria Oil and Gas Industry also
known as ‘Producers Forum’ held a public
session at the Eko Hotel And Suites,
Victoria Island, Lagos On Saturday, 28th
Of November, 2009 in which Barrister
Femi Falana, President of the West
African Bar Association and Dr Abubakar
Momoh of the Political Science
Department of the Lagos State University
made presentations on the Legal and
Political Implications of the Petroleum
Industry Bill (PIB) on labour and the
public in general. Thereafter the Forum
held a private session during which the
Bill and the presentation by the guest
speakers as well as other urgent issues
affecting the oil and gas sector were
extensively discussed. The
Forum-In-Session having carefully
considered the presentations, issues and
reports presented before it, hereby
resolved as follows:
PETROLEUM INDUSTRY BILL (PIB)
1.
The Forum condemns the
circulation of different versions of the
Bill by the Executive, the NNPC, and
other inter-Government Agencies and
believes that it is all calculated to
mask the true intent of the bill and
hoodwink the general public into
accepting it. It also condemned the
reluctance of the Clerk of the National
Assembly to inform the Nigerian Public
the true version of the bill. The Forum
notes That PENGASSAN and the entire
Nigerian public were led into taking
positions based on fake versions of the
bill and dummies fraudulently placed in
the public domain. The Producers’ Forum
views this as a deliberate act to
confuse and mislead the public, thereby
effectively denying them their
constitutional right of participating in
the debate on this very important but
contentious Bill.
2.
The Forum further notes with
dismay the deliberate transfer of the
oversight functions of the National
Assembly to an unelected office of the
Minister of Petroleum who is not
directly accountable to the Nigerian
people and view this as an attempt by
some powerful persons in high places to
corner the commonwealth and foist their
will on the silent but helpless
majority.
3.
The Forum Condemns the indecent
haste of the Executive and the NNPC to
hoodwink and pressure the National
Assembly into passing the Bill before
the Christmas so as to present the
Nigerian public with a fait accompli
before they get to know the whole truth
about the Bill.
4.
The forum further Condemns the
denial of labour as stakeholder just
like the Communities, the IOCs and
government and the total lack of any
provision to regulate the practice of
labour other than a half hearted
recourse to antiquated and obsolete
laws, which is the major alibi which the
PIB is being foisted on Nigerians in the
first place.
Consequent upon the above, The
Producers’ Forum therefore demands
an immediate cessation of all debate and
consideration of the Petroleum Industry
Bill (PIB) by the National Assembly till
the following conditions are fully met:
1.
The Clerk of the National
Assembly should make available to the
general public and all stakeholders in
the oil and gas industry, the correct
version of the executive Bill through
publications in National dailies,
internet, and direct correspondence to
the stakeholders and
2.
Reschedule another public hearing
whereby the general public will be
assured that the true Bill is being
debated and considered by the National
Assembly.
The Forum hereby put
the Federal and State Governments and
the Nigerian public on notice that any
attempt to continue with the passage of
this Bill without complying with these
minimal conditions will result in an
immediate and indefinite shut down of
all oil gas operations in the country.
The Forum believes that any thing worth
doing at all is worth doing well and
this all-important Petroleum Industry
Bill should not be an exception.
The Forum further restate
her earlier resolution that should the
National Assembly pass the Petroleum
Industry Bill as is being speculated
without taking full consideration of the
specific concerns of the PENGASSAN
Producers Forum, that the Forum shall
embark on an immediate and indefinite
shut down of all oil gas operations in
the country. For the avoidance of doubt
the concerns of the Producers Forum are
as contained in our original submission
of August 30th, our follow-up and
specific position of September 17th
2009.
OTHER LONG
STANDING UPSTREAM SECTOR ISSUES
1. MONI PULO PETROLEUM
DEVELOPMENT
The Forum frowns at the repression of
workers by the management of Moni Pulo
Ltd using various forms of intimidation,
victimisation, and outright denial of
the workers’ right to freedom of
Association, membership of trade union
and collective bargaining as provided
for in the Nigerian constitution and
extant labour laws. The Forum also
frowns at the
Consistent abuse of court processes by
various managements to frustrate
Nigerian workers and delay their
exercise of their rights. The Forum
hereby affirms our readiness to
undertake a strike action in solidarity
with our members in MoniPulo Petroleum
Development whenever called upon to do
so.
2. Mobil Producing
Nigeria Unlimited
The Forum condemns the act of Mobil
Producing Nigeria (MPN) Unlimited
Management in sacking the PENGASSAN MPN
Contract Branch executives and members
for their principled stance in defence
of the interest of their members. We
also condemn her recent move to relieve
many others of their jobs under the
guise of the impending Petroleum
Industry Bill (PIB) while recruiting
more expatriates whose only value is the
millions of dollars they repatriate to
their home countries. The Forum appeals
to the OPTS to call the management of
Mobil Producing Unlimited to order in
the interest of industrial peace and
harmony.
The Forum hereby give the MPN management
two weeks to recall the affected
executives and members back to their
jobs and stop any further attempt to
sack Nigerian workers, failing which the
Forum will indefinitely shut down all
oil gas operations in the country till
MPN Management complies with little
decency.
3. Belbop Management
The Forum resolved to comply with the
PENGASSAN NEC directive of 2008 in Benin
and will without any further notice,
shut down Belbop Production if their
Management still insist on their refusal
to respect the October 2007 communiqués
with the PENGASSAN and NUPENG to recall
union executives back to their jobs
4. CONOCCO-PHILLIPS
The Forum condemns the unfair labour
practices, disregard for labour laws and
deliberate support of enormous capital
flight by the Management of Conocco-Phillips
through their transfer of Nigerian jobs
to her home country at the expense of
Nigerian workers and consequent denial
of opportunities meant for Nigerians. We
therefore call on National PENGASSAN to
without further delay issue a definitive
directive that will not only guarantee
the safety of our members in Conocco-Philips
but that will return those jobs back to
Nigeria.
5. RISING CASES OF INDUSTRIAL
RELATIONS ISSUES IN THE OIL AND GAS
INDUSTRY
The Forum notes with dismay the rising
cases of industrial relations issues in
the Oil and Gas Industry and calls on
all parties to be guided by rule of law,
fair play and social justice in the
day-to-day handling of industrial
relations matters. The forum further
notes that a situation where some
management act with impunity and in
total disrespect for the extant labour
laws, principles of natural justice and
equity in their approach to labour and
Industrial relations matters will soon
plunge the nation’s oil and gas industry
into a series of avoidable crises with
huge implications for the economy.
Thank you and God bless.
Aluta Continua!
Signed:
For and On behalf of the Members of the
Petroleum and Natural Gas Senior Staff
Association of Nigeria (PENGASSAN) in
the Upstream Sector.
Comrade Victor Olley
Comrade Peter O. Akpenka
Producers’ Forum
Chairman
Producers’ Forum Secretary
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