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Nigeria

Implement EITI Standard (NG0019)

Overview

At-a-Glance

Action Plan: Nigeria Action Plan 2019-2022

Action Plan Cycle: 2019

Status: Active

Institutions

Lead Institution: Nigeria Extractive Industries Transparency Initiative (NEITI)

Support Institution(s): NEITI, Ministry of Petroleum Resources, Ministry of Solid Minerals Development, Ministry of Women Affairs, Ministry of Niger Delta, NCDMB. Natural Resource Governance Institute (NRGI), Civil Society Legislative Advocacy Centre (CISLAC), Publish What You Pay, BudgIT, Stakeholders Democracy Networks, Global Rights, Nigeria Miners Association, African Centre for Leadership, Strategy & Development (Centre LSD), Nigerian Union of Journalists, WANGONeT, PLSI, NNRC, Order Paper Advocacy Initiative, PTCIJ.

Policy Areas

Anti-Corruption, Audits, Beneficial Ownership, E-Government, Extractive Industries, Gender, Marginalized Communities, Private Sector

IRM Review

IRM Report: Nigeria Design Report 2019-2021

Starred: Pending IRM Review

Early Results: Pending IRM Review

Design i

Verifiable: Yes

Relevant to OGP Values: Access to Information

Potential Impact:

Implementation i

Completion: Pending IRM Review

Description

Brief description:
The EITI process in Nigeria collects and publishes information about Nigeria’s extractive industry and disbursement of revenue. The annual Oil and Gas Audit, Solid Minerals Audit and Fiscal Allocation and Statutory Disbursement Audit provide data and information about the management and utilization of extractive revenue.

The audit makes various recommendation and identifies those responsible for implementing remediation. To ensure that citizens benefit from the utilization of revenue derived from the sector, there must be a mechanism to engage various segments of the public to hold government accountable and engage them in informed debate. Empowering the citizens with information from the audit will help them to understand how much government receives from the sector, how it is distributed and allocated; and empower them to demand better utilization for improved service delivery and sustainable development.

The EITI standards is a tool for continuous improvement of audit and monitoring the extractive sector, provision of data and information; and engagement of stakeholders.

General problem:
While Nigeria is highly rated on the implementation of various EITI standards, challenges of low implementation of audit remediation by government entities and companies; enforcement of sanctions and prosecution of identified offenders; blockage of revenue leakages and recovery of revenue losses and availability of accurate data in the sector remains a challenge. The low participation of groups like women and youths in conversation around the extractive sector limits their ability to hold government accountable and advocate better utilization of extractive revenue. There is also the issue of how to turn available data into actionable tool for the public and how this can be utilized.

Specific OGP issue:
This commitment will focus on civic participation and public accountability

Rationale for the commitment:
The negative impact of oil and gas exploration, mining; and improper utilization of revenue affect citizens, especially women and youths whose livelihood and future are destroyed. Empowering these groups and other citizens with the relevant information about the sector and providing opportunities to engage government officials on the management of resources will lead to better outcomes for everyone.

Main objective:
To improve implementation of audit remediation and ensure gender, youth and disability inclusion.

Anticipated impact:
Increased implementation of remediation; and number of citizens and groups engaged.

See action plan for milestone activities.

IRM Midterm Status Summary

5. Work with women, youth and vulnerable groups to enhance transparency in the extractive sector through full implementation of EITI Standards and audit remediations

Main Objective

“To improve implementation of audit remediation and ensure gender, youth and disability inclusion.”

Milestones

  1. Quarterly status/progress update on identified remedial issues by covered entities responsible for remediation
  2. Identify and prioritize key reoccurring remedial issues in NEITI oil and gas, mining report
  3. Produce audit reports in an accessible format that ensures inclusion of women, youths and vulnerable groups in advocacy of issues raised
  4. Develop framework for good practices on ensuring full participation of women in the extractives sector
  5. Data disclosure by companies on employment statistics disaggregated by gender
  6. Publish a publicly available beneficial ownership register of companies in the oil, gas and mining gas sector

Editorial Note: For the complete text of this commitment, please see Nigeria’s action plan at https://www.opengovpartnership.org/documents/nigeria-action-plan-2019-2021/

Commitment Analysis

This commitment builds on the previous action plan. It aims to enhance transparency in the extractive sector through implementation of the Extractives Industries Transparency Initiative (EITI) audit recommendations and to increase inclusion of women, youth, and the disabled in the sector’s decision-making process. Nigeria currently holds a rating of “satisfactory” progress made in meeting the EITI Standards, [77] which require the availability of information for monitoring extractive sector revenue, expenditures, and benefits to communities. [78]  Activities about remedial issues were also undertaken in commitment 3 of Nigeria’s 2017–2019 national action plan. These activities included stakeholder reports on annual plans to address remedial issues and briefing sessions by stakeholders responsible for remediation actions. [79] Under that commitment, the Civil Society Legislative Advocacy Centre (CISLAC) and Publish What You Pay (PWYP) disseminated reports and convened stakeholders to discuss remedial issues. The National Stakeholders Working Group (NSWG) held two sessions on remedial issues. [80]

Under the current action plan, this commitment includes six milestones. The commitment’s first two activities seek to monitor and identify key remedial issues with quarterly Nigeria Extractive Industries Transparency Initiative (NEITI) reports. The commitment focuses three activities on greater inclusion of women within the sector. Activities call for companies to disclose employment gender statistics and for the production of audit reports in accessible formats for women, youth, and vulnerable populations. Additionally, an activity plans to develop a framework for increasing women’s participation in the extractive sector [81] by implementing employment gender quotas and including women as oil corporation board members, directors, and departmental heads. [82] The commitment also foresees publishing a beneficial ownership register of companies in the extractives sector. [83]

As written, this commitment is relevant to the OGP value of access to information because it seeks to develop a publicly available beneficial ownership register of companies in the extractives sector. The commitment also aims to release audit reports in accessible formats to facilitate their better understanding by the wider public, including women and youth. Disclosing gender disaggregated employment data could also improve availability of information on women’s participation in the industry.

If implemented fully, this commitment could have a minor potential impact on improving transparency in the extractive sector. The Beneficial Ownership Register was launched prior to this commitment (See commitments 6 and 4). [84] It was already operational by the time this action plan was signed; therefore, this milestone is not counted in the assessment of potential impact. The NEITI register is the first beneficial ownership register in the region. It is user-friendly and searchable by companies, assets, and individuals and also allows bulk download of data, which enables systematic analysis of listed companies.

In terms of tracking remedial issues, NEITI already highlights remedial issues through its annual audit report and policy briefs. [85] However, relevant institutions have had difficulty bridging the budgetary gaps (remediations) identified by NEITI and adopting NEITI’s recommendations. [86] NEITI lacks the legal mandate to sanction non-complying institutions and does not have sufficient political support for its recommendations. [87] The government’s Inter-Ministerial Task Team (IMTT) has also not been able to solve remedial issues, [88] and CSOs have called for changes in its composition to introduce further political accountability. [89] Overall, as written, this commitment builds incrementally on previous efforts, and achieving its goal to improve implementation of audit remediation would be contingent on the action of actors outside of NEITI.

This commitment could lead to some progress on availability of data on women’s participation in extractive industries. Since NEITI’s 2018 report, companies (including NNPC) have provided employment data disaggregated by gender. [90] The development of more disaggregated data could help companies make informed decisions to improve women’s participation and employment within this sector. [91] Yet, NEITI acknowledges that the availability of new data does not necessarily translate into greater accountability. [92] Meanwhile, more accessible audit reports respond to low levels of public engagement in the EITI process, with discussions of EITI reports mostly limited to publication events. [93]  Data on the sector are often delayed and published in formats incomprehensible to those without technical expertise. [94] Finally, the commitment’s guide on good practices for ensuring women’s representation in the decision-making process of the extractive industry could improve the sector’s impact on women in oil-bearing communities, although the action plan does not include an enforcement mechanism. By 2020, only 12% of the national multistakeholder group (MSG) overseeing the activities of NEITI was female. [95] Across the sector, the Kebetkache Women Development & Resource Centre notes that women have minimal representation in management, senior staff, and technical units and in community Cluster Development Boards and Community Trust and Regional Development Councils under the Global Memorandum of Understanding. [96]

Implementation of audit recommendations is important to ensuring Nigeria’s successful implementation of the EITI standard. Public engagement on EITI reports and communities most affected by the activities of the extractive sector is another important dimension for the extractive sector’s accountability. The IRM recommends continuing efforts in these directions, potentially looking at reforming NEITI’s legal framework for ensuring fulfilment of audit recommendations.                 

[77] “Board decision on the second Validation of Nigeria Decision reference: 2019-20/BM-42,” Extractive Industries Transparency Initiative (EITI), 27 February 2019, in https://eiti.org/scorecard-pdf?filter%5Bcountry%5D=32&filter%5Byear%5D=2018 , P.3.
[78] “Strategic Plan 2017 2021 – Scaling Up Impact and Relevance,” Nigeria Extractives Industries Transparency Initiative (NEITI), March 2017, in https://www.neiti.gov.ng/images/pdf/NEITI-Strategic-Plan-2017-2021-260118.pdf. P. 14
[79] OGP Nigeria National Action Plan 2017-2019, Open Government Partnership, 2017, in https://www.opengovpartnership.org/wp-content/uploads/2017/05/Nigeria_NAP_2017-2019.pdf, P.27.
[80] “Open Government Partnership Nigeria Secretariat. 2nd Progress Report. Presented at 3rd National Steering Committee Meeting,” Open Government Partnership Nigeria, 16 May 2018, in https://www.justice.gov.ng/images/OGP/OGP_2nd_Progress_Report_.pdf, P.6.
[81] “Nigeria 2019-2021 National Action Plan,” Open Government Partnership, https://www.opengovpartnership.org/documents/nigeria-action-plan-2019-2021/.
[82] Emem J. Okon (Kebetkache Women Development & Resource Centre), email correspondence with IRM, 9 July 2020.
[83] “Nigeria 2019-2021 National Action Plan,” Open Government Partnership, https://www.opengovpartnership.org/documents/nigeria-action-plan-2019-2021/.
[84] Dipo Olowookere, “Nigeria Launches Website to Check Beneficial Owners of Oil Assets,”  Business Post, 12 December 2019, in https://businesspost.ng/economy/nigeria-launches-website-to-check-beneficial-owners-of-oil-assets/
[85] “Annual EITI-NEITI reports”, NEITI, in https://www.neiti.gov.ng/index.php/resources/internal-resources/annual-neiti-eiti-reports; Anne Chinweze (Natural Resource Governance Institute), email correspondence with IRM, 6 July 2020.
[86] Dr. Orji Ogbonnaya Orji. , “NEITI Holds Conference on Remedial Issues. Abuja, October 26, 2018.,” NEITI, 26 October 2018, in https://neiti.gov.ng/index.php/media-center/news/447-neiti-holds-conference-on-remedial-issues
[87] “Strategic Plan 2017 2021 – Scaling Up Impact and Relevance”, Nigeria Extractives Industries Transparency Initiative (NEITI), March 2017, in https://www.neiti.gov.ng/images/pdf/NEITI-Strategic-Plan-2017-2021-260118.pdf. P. 18
[88] Dr. Orji Ogbonnaya Orji. , “NEITI Holds Conference on Remedial Issues. Abuja, October 26, 2018.” NEITI, 26 October 2018, in https://neiti.gov.ng/index.php/media-center/news/447-neiti-holds-conference-on-remedial-issues
[89] Minutes of the civil society steering committee meeting held on 19th April 2018 @ the newton park hotel, abuja,” NEITI, in https://www.neiti.gov.ng/phocadownload/Minutes%20of%20CSSC%20Meeting%20April%202018.pdf
[90] Orji Ogbonnaya Orji (Nigeria Extractive Industries Transparency Initiative), email correspondence with IRM, 25 June 2020.
[91] Interview with H.E. Zainab Shamsuna Ahmed, Minister of Finance for the Government of Nigeria, “Shaping a more gender-inclusive extractives sector,” EITI, 8 March 2019, in https://eiti.org/blog/shaping-more-genderinclusive-extractives-sector; Anne Chinweze (Natural Resource Governance Institute), email correspondence with IRM, 6 July 2020.
[92] “Strategic Plan 2017 2021 – Scaling Up Impact and Relevance,” Nigeria Extractives Industries Transparency Initiative (NEITI), March 2017, in https://www.neiti.gov.ng/images/pdf/NEITI-Strategic-Plan-2017-2021-260118.pdf. P.16.
[93] Annual Progress Report 2018. Nigeria Extractives Industries Transparency Initiative (NEITI), 2018, in https://eiti.org/files/documents/neiti-apr-2018-280619.pdf, P.41.
[94] Vanessa Baudin Sanchez, Beverley Mbu, “ Identifying EI Data User Needs at EITI Global 2019,” Development Gateway, June 25, 2019, in https://www.developmentgateway.org/blog/identifying-ei-data-user-needs-eiti-global-2019
[95] “Towards Mainstreaming Gender in the EITI,” EITI, 16 June 2020, https://twitter.com/zaplanmarco/status/1272835875274022914.
[96] Emem J. Okon (Kebetkache Women Development & Resource Centre), email correspondence with IRM, 9 July 2020.

Commitments

  1. Participatory Budgeting

    NG0015, 2019, Anti-Corruption

  2. Implement Open Contracting and the Open Contracting Data Standard

    NG0016, 2019, Access to Information

  3. Transparent Tax Revenue Reporting

    NG0017, 2019, Access to Information

  4. Open Contracting and Licensing in Extractives

    NG0018, 2019, Access to Information

  5. Implement EITI Standard

    NG0019, 2019, Anti-Corruption

  6. Establish Beneficial Ownership Registry

    NG0020, 2019, Access to Information

  7. Strengthen Asset Recovery Legislation

    NG0021, 2019, Anti-Corruption

  8. Implement National Anti-Corruption Strategy

    NG0022, 2019, Anti-Corruption

  9. Improve Compliance with Freedom of Information Act with Focus on Records Management

    NG0023, 2019, Access to Information

  10. Improved Compliance with Mandatory Publication Provisions Requirement (FOIA)

    NG0024, 2019, Access to Information

  11. Implement Permanent Dialogue Mechanism

    NG0025, 2019, Access to Justice

  12. Aggregate Citizens' Feedback on Programs

    NG0026, 2019, E-Government

  13. Freedom of Association, Assembly, and Expression

    NG0027, 2019, Civic Space

  14. Enhance Participation of the Vulnerable

    NG0028, 2019, Capacity Building

  15. Implement New Computer Program in 6 Government Ministries to Improve Service Delivery

    NG0029, 2019, Capacity Building

  16. Legal Instrument to Strengthen SERVICOM

    NG0030, 2019, Legislation & Regulation

  17. Citizen Participation in Budget Cycle

    NG0001, 2017, Access to Information

  18. Open Contracting

    NG0002, 2017, Access to Information

  19. Extractive Sector Transparency

    NG0003, 2017, Access to Information

  20. Tax Reporting Standards

    NG0004, 2017, Fiscal Openness

  21. World Bank Doing Business Index

    NG0005, 2017, Fiscal Openness

  22. Beneficial Ownership Register

    NG0006, 2017, Anti-Corruption

  23. Anti-Corruption Informationi Sharing

    NG0007, 2017, Anti-Corruption

  24. Asset Recovery Legislation

    NG0008, 2017, Capacity Building

  25. Anti-Corruption Activity Coordination

    NG0009, 2017, Anti-Corruption

  26. FOIA Compliance for Annual Reporting

    NG0010, 2017, Access to Information

  27. FOIA Compliance for Disclosure

    NG0011, 2017, Access to Information

  28. Permanent Dialogue Mechanism

    NG0012, 2017, Fiscal Openness

  29. Joint Governmnet-Civil Society Legislation Review

    NG0013, 2017, Fiscal Openness

  30. Technology-Based Citizens' Feedback

    NG0014, 2017, E-Government

Open Government Partnership