The Ijaw National Congress (INC) has criticised the lack of alignment between the Petroleum Industry Act (PIA) 2021 and the Nigerian Minerals and Mining Act 2007, describing the disparity as a “systemic injustice” against the Niger Delta.
Speaking at a press conference in Abuja on Saturday, INC Global President, Prof. Benjamin Okaba, said the inconsistencies in both laws reveal a deliberate attempt to marginalise the oil-producing region.
According to him, a side-by-side comparison of the Acts shows not just administrative differences, but a legislative framework that subjects the Niger Delta to militarisation and exploitation, while granting other regions a more flexible and equitable resource management system.
Okaba outlined areas of disparity including host community benefits, environmental remediation, security strategy, resource control, and revenue sharing.
He called on the National Assembly to amend the PIA so its provisions on community benefits, environmental obligations, and ownership align with the more inclusive standards found in the Mining Act. He specifically urged a review of the three per cent and 30 per cent allocations.
“The Federal Government must also withdraw the Joint Task Force from the Niger Delta and adopt a civil, regulated security model, just as it does in the solid minerals sector,” he said.
Okaba argued that long-term stability requires a return to true federalism and derivation-based resource control, similar to what existed in the First Republic. “The Niger Delta is not a colony. We can no longer accept laws that sacrifice our people and environment in the name of national unity,” he added.
He explained that while the PIA allows host communities just three per cent of oil companies’ operational expenditure—funded through a trust that sidelines state governments and traditional institutions—the Mining Act requires operators to sign Community Development Agreements, covering scholarships, employment, infrastructure, and enterprise projects.
The INC president also condemned the PIA’s collective punishment clause, which holds entire communities financially liable for oil facility vandalism, noting that no such clause exists in the Mining Act.
On environmental issues, he said the PIA’s supposed ban on gas flaring is undermined by a clause that allows ministerial waivers, while the Mining Act clearly obliges license holders to rehabilitate land and minimise environmental damage.
Okaba further criticised the heavy military presence in the Niger Delta through the Joint Task Force, Operation Restore Hope, since 2002, saying it has turned many communities into conflict zones.
“Our people face human rights abuses under the guise of protecting oil assets, yet there is no equivalent task force in mining regions. Even with widespread illegal mining, the government only recently announced mining marshals, and they are still not fully operational. This shows a deliberate double standard,” he concluded.