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BREAKING:FG Declines Consent To Seplat, Mobil Oil Assets Acquisition Deal - Politics - Nairaland

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BREAKING:FG Declines Consent To Seplat, Mobil Oil Assets Acquisition Deal by Nigerialabalaba: 11:27am On May 19, 2022
BREAKING: FG Declines Consent to Seplat, Mobil Oil Producing Assets Acquisition Deal

May 19, 2022 4:39 am
Obinna Chima


The federal government declined its consent to the proposed acquisition of oil and gas assets belonging to Mobil Oil Producing Nigeria Unlimited (MPNU) by Seplat Energy.
The government among others, cited overriding national interest as one of the reasons for rejecting the deal.


The Chief Executive, Nigerian Upstream Regulatory Commission (NUPRC), Engr. Gbenga Komolafe, stated these in two separate letters addressed to the Chairman/ Managing Director, Mobil Producing Nigeria Unlimited, Mr. Richard Laing as well as the immediate past Chairman of Seplat Energy, Dr. ABC Orjiako. Both letters obtained by THISDAY yesterday, were dated May 13, 2022.
Seplat Energy had in February this year, announced its acquisition of oil and gas assets belonging to MPNU. But the deal was subject to Ministerial Consent and other required regulatory approvals. However, few weeks after, it was reported that the Nigerian National Petroleum Company (NNPC) Limited had opted to exercise its Right of First Refusal (RFR) on the sale of the assets, which then put a hold on the transaction.


But Komolafe in the letter stressed that regardless of the mode of the transaction, Mobil Oil still remains to all intents and purposes, the assignor of the asset under the Nigerian law.

“We also note that MPNU failed to follow the procedure for assignments laid down in the Guidelines by not providing the requisite notices to the Commission at all relevant stages of the transaction. Even if the transaction has been between Seplat Energy Offshore Limited and the MPNU shareholders, responsibility to ensure compliance with Nigerian laws, rules and regulations always remain that of MPNU, the entity that was awarded the assets.

He also made reference to the multinational oil company’s letter dated March 30, 2022 with Ref: MPN-PGA-NUP-CCE-0322-0027 on the above subject matter.
Komolafe highlighted contents of the letter MPNU wrote then to the NUPRC on the proposed acquisition, and in particular, the section that stated that the transaction was between parties who were not privy to the Joint Operating Agreement (JOA) between the Nigerian National Petroleum Company (NNPC) and the MPNU dated June 28, 1990, and that does not trigger any relevant rights or obligations under the JOA for either NNPC or MPNU. Also, the MPNU had stated in the letter that the sale of shares by shareholders of MPNU would have no bearing on the consent or preferential right and option requirements of the JOA in favour of NNPC and that the NNPC does not have preferential rights in respect to the transaction.

In addition, the regulator made reference to another aspect of the letter Mobil wrote to it on the matter that, the MPNU shareholders would be proceeding with their efforts to satisfy the conditions required for the approval of the proposed transaction, and the procurement of the consent of the Minister of Petroleum Resources.
Furthermore, the Commission pointed out that: “You may also be aware that the Commission is in receipt of a letter of 10th March 2022, written by Seplat Energy to the Minister of State for Petroleum Resources, requesting the consent of the Minister of Petroleum Resources to the transaction. This letter was received by the Commission on March 30, 2022.

Please be advised that even if the transaction in question were between parties who are not privy to the JOA, MPNU remains the leaseholder of the assets subject to the transaction and the focal point of contact with the federal government of Nigeria on any matter or dealings with the assets.
“In this regard, you may wish to note that paragraph 3.1 of the Guidelines and Procedures for Obtaining Minister’s Consent to the Assignment of Interest in Oil and Gas Assets 2021 provides, in line with extant Nigerian law, that ‘an Assignment involves the transfer of an OPL, OML, MF or OGPL or an interest, power or right therein by any company or person with equity, participating, contractual or working interest in the said OPL, OML, MF or OGPL, through merger, acquisition, take-over, divestment or any such transaction that may alter the ownership, equity, rights or interest of the assigning company in question, not minding the nature of upstream arrangement that the assigning company may be involved in, including but not limited to Joint Venture (JV), Production Sharing Contract (PSC), Production Sharing Agreement (PSA),Service Contract (SC), Sole Risk (SR) or Marginal Fields operation.’

“Also note that overriding National interest will always be the compass of the law. Paragraph 3.1.1 of the guidelines also expressly restates that assignment shall include, but not be limited to: ‘assignment by way of exchange or transfer of shares: This shall entail the acquisition of part or all of the shares of a company which holds an OPL, OML, MF or OGPL in Nigeria.”
According to the regulatory commission, until an assignment was completed, including the granting of Ministerial consent to such assignment, the leaseholder remains the registered owner of the asset and the only one with the locus to interact with the government in respect of the asset.

Also, in the letter addressed to Orjiako, the regulatory commission also highlighted relevant sections in the Guidelines and Procedures for Obtaining Minister’s Consent to the Assignment of Interest in Oil and Gas Assets 2021.
“Thus, regardless of the mode of the transaction, MPNU, remains, to all intents and purposes, the assignor under Nigerian law and is the proper person to bring an application for Ministerial consent to the transaction, not Seplat. Consequently, you are hereby requested to revert to MPNU, the assignor, to receive updates on your application,” it stated.


https://www.thisdaylive.com/index.php/2022/05/19/fg-declines-consent-to-seplat-mobil-oil-producing-assets-acquisition-deal/

cc Seun Mynd44 Dominique Lalasticlala

Re: BREAKING:FG Declines Consent To Seplat, Mobil Oil Assets Acquisition Deal by Dreal1247: 11:35am On May 19, 2022
Nigeria needs an in-depth overhauling. Nigeria is a rich country with scavenging leaders.
Re: BREAKING:FG Declines Consent To Seplat, Mobil Oil Assets Acquisition Deal by Parachoko: 11:41am On May 19, 2022
Dreal1247:
Nigeria needs an in-depth overhauling. Nigeria is a rich country with scavenging leaders.
On this issue, the Government has done nothing wrong.

Laid down rules needs to be followed.

4 Likes

Re: BREAKING:FG Declines Consent To Seplat, Mobil Oil Assets Acquisition Deal by Dreal1247: 11:46am On May 19, 2022
Parachoko:
On this issue, the Government has done nothing wrong.

Laid down rules needs to be followed.
My opinion is generally on the acquisition of assets from Government and privatisation. Just use the PHCN as a case study.
Re: BREAKING:FG Declines Consent To Seplat, Mobil Oil Assets Acquisition Deal by Omooba77: 11:48am On May 19, 2022
Nigerialabalaba:
BREAKING: FG Declines Consent to Seplat, Mobil Oil Producing Assets Acquisition Deal

May 19, 2022 4:39 am
Obinna Chima


The federal government declined its consent to the proposed acquisition of oil and gas assets belonging to Mobil Oil Producing Nigeria Unlimited (MPNU) by Seplat Energy.
The government among others, cited overriding national interest as one of the reasons for rejecting the deal.


The Chief Executive, Nigerian Upstream Regulatory Commission (NUPRC), Engr. Gbenga Komolafe, stated these in two separate letters addressed to the Chairman/ Managing Director, Mobil Producing Nigeria Unlimited, Mr. Richard Laing as well as the immediate past Chairman of Seplat Energy, Dr. ABC Orjiako. Both letters obtained by THISDAY yesterday, were dated May 13, 2022.
Seplat Energy had in February this year, announced its acquisition of oil and gas assets belonging to MPNU. But the deal was subject to Ministerial Consent and other required regulatory approvals. However, few weeks after, it was reported that the Nigerian National Petroleum Company (NNPC) Limited had opted to exercise its Right of First Refusal (RFR) on the sale of the assets, which then put a hold on the transaction.


But Komolafe in the letter stressed that regardless of the mode of the transaction, Mobil Oil still remains to all intents and purposes, the assignor of the asset under the Nigerian law.

“We also note that MPNU failed to follow the procedure for assignments laid down in the Guidelines by not providing the requisite notices to the Commission at all relevant stages of the transaction. Even if the transaction has been between Seplat Energy Offshore Limited and the MPNU shareholders, responsibility to ensure compliance with Nigerian laws, rules and regulations always remain that of MPNU, the entity that was awarded the assets.

He also made reference to the multinational oil company’s letter dated March 30, 2022 with Ref: MPN-PGA-NUP-CCE-0322-0027 on the above subject matter.
Komolafe highlighted contents of the letter MPNU wrote then to the NUPRC on the proposed acquisition, and in particular, the section that stated that the transaction was between parties who were not privy to the Joint Operating Agreement (JOA) between the Nigerian National Petroleum Company (NNPC) and the MPNU dated June 28, 1990, and that does not trigger any relevant rights or obligations under the JOA for either NNPC or MPNU. Also, the MPNU had stated in the letter that the sale of shares by shareholders of MPNU would have no bearing on the consent or preferential right and option requirements of the JOA in favour of NNPC and that the NNPC does not have preferential rights in respect to the transaction.

In addition, the regulator made reference to another aspect of the letter Mobil wrote to it on the matter that, the MPNU shareholders would be proceeding with their efforts to satisfy the conditions required for the approval of the proposed transaction, and the procurement of the consent of the Minister of Petroleum Resources.
Furthermore, the Commission pointed out that: “You may also be aware that the Commission is in receipt of a letter of 10th March 2022, written by Seplat Energy to the Minister of State for Petroleum Resources, requesting the consent of the Minister of Petroleum Resources to the transaction. This letter was received by the Commission on March 30, 2022.

Please be advised that even if the transaction in question were between parties who are not privy to the JOA, MPNU remains the leaseholder of the assets subject to the transaction and the focal point of contact with the federal government of Nigeria on any matter or dealings with the assets.
“In this regard, you may wish to note that paragraph 3.1 of the Guidelines and Procedures for Obtaining Minister’s Consent to the Assignment of Interest in Oil and Gas Assets 2021 provides, in line with extant Nigerian law, that ‘an Assignment involves the transfer of an OPL, OML, MF or OGPL or an interest, power or right therein by any company or person with equity, participating, contractual or working interest in the said OPL, OML, MF or OGPL, through merger, acquisition, take-over, divestment or any such transaction that may alter the ownership, equity, rights or interest of the assigning company in question, not minding the nature of upstream arrangement that the assigning company may be involved in, including but not limited to Joint Venture (JV), Production Sharing Contract (PSC), Production Sharing Agreement (PSA),Service Contract (SC), Sole Risk (SR) or Marginal Fields operation.’

“Also note that overriding National interest will always be the compass of the law. Paragraph 3.1.1 of the guidelines also expressly restates that assignment shall include, but not be limited to: ‘assignment by way of exchange or transfer of shares: This shall entail the acquisition of part or all of the shares of a company which holds an OPL, OML, MF or OGPL in Nigeria.”
According to the regulatory commission, until an assignment was completed, including the granting of Ministerial consent to such assignment, the leaseholder remains the registered owner of the asset and the only one with the locus to interact with the government in respect of the asset.

Also, in the letter addressed to Orjiako, the regulatory commission also highlighted relevant sections in the Guidelines and Procedures for Obtaining Minister’s Consent to the Assignment of Interest in Oil and Gas Assets 2021.
“Thus, regardless of the mode of the transaction, MPNU, remains, to all intents and purposes, the assignor under Nigerian law and is the proper person to bring an application for Ministerial consent to the transaction, not Seplat. Consequently, you are hereby requested to revert to MPNU, the assignor, to receive updates on your application,” it stated.


https://www.thisdaylive.com/index.php/2022/05/19/fg-declines-consent-to-seplat-mobil-oil-producing-assets-acquisition-deal/

I know NNPC will not sell Mobil to Seplat, it would have been disaster....
It means they would have bought former Shell assets....
Re: BREAKING:FG Declines Consent To Seplat, Mobil Oil Assets Acquisition Deal by Parachoko: 11:57am On May 19, 2022
Dreal1247:

My opinion is generally on the acquisition of assets from Government and privatisation. Just use the PHCN as a case study.
Okay

I now understand you

Jonathan sold PHCN to very incompetent people and even made it so hard for the contract to be terminated even if the buyers are performing woefully.I wander what Jonathan gained

The DISCOS performance have been so terrible
Re: BREAKING:FG Declines Consent To Seplat, Mobil Oil Assets Acquisition Deal by OkoroBufo: 12:11pm On May 19, 2022
Omooba77:


I know NNPC will not sell Mobil to Seplat, it would have been disaster....
It means they would have bought former Shell assets....
It wasn't an outright acquisition. Mobile was only planning to sell 40% of its assets to Seplat.

-Okoro bufo

2 Likes

Re: BREAKING:FG Declines Consent To Seplat, Mobil Oil Assets Acquisition Deal by SarkinYarki: 12:12pm On May 19, 2022
I know this wicked govt can never agree

2 Likes

Re: BREAKING:FG Declines Consent To Seplat, Mobil Oil Assets Acquisition Deal by Penguin2: 12:17pm On May 19, 2022
They keep sitting on Igbos’ progress thinking they are doing us.

But they are doing themselves.

Arthur Eze knew this would happen and took his investments out of Nigeria.

Innoson knew this would happen and took his oil investment overseas too. Now he’s hit a goldmine in Sierra Leone.

That’s how they frustrated Ibeto until he took his cement business to America which is even better for him today.

I’m very much sure that if it was an aboki that reached that deal, they would have brought FG approval for him at his gate.

But because it’s an Igbo man….

Ndi ala!

Ndi uchu.

It’s just a matter of time.

5 Likes 1 Share

Re: BREAKING:FG Declines Consent To Seplat, Mobil Oil Assets Acquisition Deal by SmartPolician: 12:37pm On May 19, 2022
Mobil Oil, an American multinational oil and gas corporation, came to Nigeria and started misbehaving like Nigerian companies. Now, they find it difficult to follow simple due process.

The management of the oil giant should comply with the necessary regulatory requirements and have Seplat initiate the deal again. $1.28 billion is a lot of money. If the government declines again, we know that there's more to this that meets the eye.

I like that Seplat is increasingly investing the East. Every part of the country deserves to grow so we don't have 200 million people concentrated in one region. This makes no sense.
Re: BREAKING:FG Declines Consent To Seplat, Mobil Oil Assets Acquisition Deal by SirBlack999(m): 12:47pm On May 19, 2022
SmartPolician:
Mobil Oil, an American multinational oil and gas corporation, came to Nigeria and started misbehaving like Nigerian companies. Now, they find it difficult to follow simple due process.

The management of the oil giant should comply with the necessary regulatory requirements and have Seplat initiate the deal again. $1.28 billion is a lot of money. If the government declines again, we know that there's more to this that meets the eye.

I like that Seplat is increasingly investing the East. Every part of the country deserves to grow so we don't have 200 million people concentrated in one region. This makes no sense.
Hope you don't mind. Do you know any of their(seplat) investments in the east, and the cities they're in?
Re: BREAKING:FG Declines Consent To Seplat, Mobil Oil Assets Acquisition Deal by Exclusive101: 12:59pm On May 19, 2022
In essence you mean Ebele Jonathan remain a colossus in failure.
Dreal1247:

My opinion is generally on the acquisition of assets from Government and privatisation. Just use the PHCN as a case study.

1 Like

Re: BREAKING:FG Declines Consent To Seplat, Mobil Oil Assets Acquisition Deal by SmartPolician: 1:04pm On May 19, 2022
SirBlack999:

Hope you don't mind. Do you know any of their(seplat) investments in the east, and the cities they're in?

In Imo State. Just read the details.

https://www.premiumtimesng.com/business/business-news/494829-seplat-sets-start-date-for-key-gas-processing-project-in-imo.html
Re: BREAKING:FG Declines Consent To Seplat, Mobil Oil Assets Acquisition Deal by BlazinGlory40: 1:22pm On May 19, 2022
Penguin2:
They keep sitting on Igbos’ progress thinking they are doing us.

But they are doing themselves.

Arthur Eze knew this would happen and took his investments out of Nigeria.

Innoson knew this would happen and took his oil investment overseas too. Now he’s hit a goldmine in Sierra Leone.

That’s how they frustrated Ibeto until he took his cement business to America which is even better for him today.

I’m very much sure that if it was an aboki that reached that deal, they would have brought FG approval for him at his gate.

But because it’s an Igbo man….

Ndi ala!

Ndi uchu.

It’s just a matter of time.

You are the first person bringing in ethnic coloration to this article
Re: BREAKING:FG Declines Consent To Seplat, Mobil Oil Assets Acquisition Deal by Nigerialabalaba: 1:37pm On May 19, 2022
BlazinGlory40:


You are the first person bringing in ethnic coloration to this article
no mind ipob terrorists and cannibals.
Dis kain tin dey too difficult for their drug afflicted mmpuri mmiri brains becos dem no go school and con be cultists and cannibals.

D tin wey I read up dia say na MPNU do the wrong thing no be Seplat.
In fact, d regulator exonerate Seplat. If I be Seplat, I go sue MPNU but since Seplat people sef na cunny people, dem no go fit sue MPNU for compensation for all d money and time dey spent on dis kangaroo audio acquisition. shiorr.

Re: BREAKING:FG Declines Consent To Seplat, Mobil Oil Assets Acquisition Deal by MASTAkiLLAh(m): 1:41pm On May 19, 2022
Ie, someone in government is interested in those Mobil assets cool

2 Likes

Re: BREAKING:FG Declines Consent To Seplat, Mobil Oil Assets Acquisition Deal by SirBlack999(m): 1:41pm On May 19, 2022
Re: BREAKING:FG Declines Consent To Seplat, Mobil Oil Assets Acquisition Deal by aribisala0(m): 1:44pm On May 19, 2022
Many of these companies have liabilities relating to environmental damage and are rarely held to account
Re: BREAKING:FG Declines Consent To Seplat, Mobil Oil Assets Acquisition Deal by Nigerialabalaba: 1:46pm On May 19, 2022
MASTAkiLLAh:
Ie, someone in government is interested in those Mobil assets cool
Omo Ibo, na NNPC dey interested and dem don write am openly say dem dey interested and na dem MPNU supppse come meet first to buy am since na both of dem dey control d asset.

Make a break am down for ur sumol mind, if u and anoda ipob terrorist buy car and he go sell hin share to a non ipob terrorist, u go vex , especially if ur fellow ipob terrorist no tell u and u get d money to buy hin share. Na wetin MPNU do be dat. Nothing concern Seplat. kapish

Re: BREAKING:FG Declines Consent To Seplat, Mobil Oil Assets Acquisition Deal by MASTAkiLLAh(m): 1:56pm On May 19, 2022
Nigerialabalaba:

[s]Omo Ibo, na NNPC dey interested and dem don write am openly say dem dey interested and na dem MPNU supppse come meet first to buy am since na both of dem dey control d asset.

Make a break am down for ur sumol mind, if u and anoda ipob terrorist buy car and he go sell hin share to a non ipob terrorist, u go vex , especially if ur fellow ipob terrorist no tell u and u get d money to buy hin share. Na wetin MPNU do be dat. Nothing concern Seplat. kapish[/s]

1 Like

Re: BREAKING:FG Declines Consent To Seplat, Mobil Oil Assets Acquisition Deal by Tochi3(m): 1:57pm On May 19, 2022
The case might be different if the names representing Seplat were dantatas, aminu, Mohammed .

Since that is not the case , Nigerian government now remembers what due process have to be followed.

Nigerian government with due process cheesy grin

1 Like

Re: BREAKING:FG Declines Consent To Seplat, Mobil Oil Assets Acquisition Deal by LOVEALAIGBO: 2:21pm On May 19, 2022
BlazinGlory40:


You are the first person bringing in ethnic coloration to this article

Dude, anyone saying ethnic colouration isn’t a reality in the Nigerian political-economy….more so with this present Buhari gov’t, such a person is being deceitful at best!

If a well-run and accomplished indigenous oil and gas coy like SEPLAT isn’t good enough to take over those assets, then could you tell us who is!?

1 Like

Re: BREAKING:FG Declines Consent To Seplat, Mobil Oil Assets Acquisition Deal by LOVEALAIGBO: 2:22pm On May 19, 2022
Tochi3:
The case might be different if the names representing Seplat were dantatas, aminu, Mohammed .

Since that is not the case , Nigerian government now remembers what due process have to be followed.

Nigerian government with due process cheesy grin

Exactly!
Re: BREAKING:FG Declines Consent To Seplat, Mobil Oil Assets Acquisition Deal by amuwo1980: 2:34pm On May 19, 2022
This is more than Mets the eye
Re: BREAKING:FG Declines Consent To Seplat, Mobil Oil Assets Acquisition Deal by Terrence99: 11:32pm On May 19, 2022
I pity the Igbos crying on this thread, they don't know that Seplat's bid was blocked by an Igbo man.

To the Igbo posters who are crying marginalisation, victimisation, and all sorts, even Seplat's staff knew this deal will never sail through.
Seplat already submitted the winning bid without knowledge of the terms of the JV between Mobil and NNPC. So, when Seplat won, co-bidders who lost out simply notified NNPC who then activated the clause as to right of first refusal.
Re: BREAKING:FG Declines Consent To Seplat, Mobil Oil Assets Acquisition Deal by Terrence99: 11:34pm On May 19, 2022
LOVEALAIGBO:

Dude, anyone saying ethnic colouration isn’t a reality in the Nigerian political-economy….more so with this present Buhari gov’t, such a person is being deceitful at best!

If a well-run and accomplished indigenous oil and gas coy like SEPLAT isn’t good enough to take over those assets, then could you tell us who is!?

Seplat has a very beautiful history but a very bleak future.
The expatriates in Seplat leadership actually resigned sometime ago to avoid being jailed in Europe.
You can fool Nigerians but you can't fool those guys there.
Re: BREAKING:FG Declines Consent To Seplat, Mobil Oil Assets Acquisition Deal by Terrence99: 11:38pm On May 19, 2022
MASTAkiLLAh:
Ie, someone in government is interested in those Mobil assets cool

An Igbo man blocked this transaction. I don't want to talk much. If this matter is investigated, he will be jailed.
Re: BREAKING:FG Declines Consent To Seplat, Mobil Oil Assets Acquisition Deal by ebufa: 1:07am On May 20, 2022
Penguin2:
They keep sitting on Igbos’ progress thinking they are doing us.

But they are doing themselves.

Arthur Eze knew this would happen and took his investments out of Nigeria.

Innoson knew this would happen and took his oil investment overseas too. Now he’s hit a goldmine in Sierra Leone.

That’s how they frustrated Ibeto until he took his cement business to America which is even better for him today.

I’m very much sure that if it was an aboki that reached that deal, they would have brought FG approval for him at his gate.

But because it’s an Igbo man….

Ndi ala!

Ndi uchu.

It’s just a matter of time.






The hatred Nigerians have for Ndigbo is not natural! the irony of it all is that a substantial part of Nigeria's oil and gas deposits are smack in Igbo land! How is it that the servant enjoys the horseback ride,whilst the Prince treks?...............we are yet to figure out the disaster that has befallen us!

1 Like 1 Share

Re: BREAKING:FG Declines Consent To Seplat, Mobil Oil Assets Acquisition Deal by Penguin2: 7:32am On May 20, 2022
ebufa:







The hatred Nigerians have for Ndigbo is not natural! the irony of it all is that a substantial part of Nigeria's oil and gas deposits are smack in Igbo land! How is it that the servant enjoys the horseback ride,whilst the Prince treks?...............we are yet to figure out the disaster that has befallen us!

Don’t mind them.

Mods will not push this to FP because it’s not about IPOB killing people.

The agenda is the same across board

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