Section 26 Petroleum Industry Act 2021
Section 26 Petroleum Industry Act 2021 is about Special powers of the Commission. It is under Part III (The Commission) of Chapter 1 (Governance and Institutions) of the Act.
(1) The Commission shall in performing its functions under this Act have special powers to-
(a) inquire, inspect, examine or investigate any business or activity relating to upstream petroleum operations under this Act, where it believes that illegal upstream petroleum operations are going on;
(b) conduct surveillance on crude oil and natural gas installations, premises and vessels where it believes that illegal upstream petroleum operations are going on;
(c) enter any upstream wellsite, plant, facility or place-
(i) at which crude oil or natural gas is produced, handled or treated, or
(ii) that is used in connect ion with any upstream wellsite, pIant, faciIity or place where crude oiI or natura I gas is produced, handIed or treated :
(d) enter at any reasonable time premises containing any records or property required to be maintained under this Act or related to the administration of upstream petroleum operations under this Act for the purpose of inspecting those records or that property;
(e) require any person or his agent, representative, partner, director, officer or employee engaged in upstream petroleum operations to-
(i) answer any question that may be relevant to the inquiry, inspection, examination or investigation, and
(ii) provide any required in format ion contained in a computer hardware or software or any other data storage, processing or retrieval device or system used in connection with the business or activities relating to upstream petroleum operations under this Act;
(f) take any sample or carry out any test or examination as it may consider necessary in the performance of its functions:
(g) use any machinery, equipment, appliance or thing as it may consider necessary in the performance of its functions;
(h) remove for examination and copy anything that may be relevant lo the inquiry, inspection, examination or investigation. including removing any computer hardware or software or any other data storage, processing or
retrieval device or system, during which copyright and trade secrets shall be properly protected;
(i) in conjunction with the Nigeria Police: or other law enforcement agencies, arrest with a warrant, any person reasonably believed to have committed an offence under this Act; and
(j) exercise any other power that may be conferred on it under any law or regulation.
(2) An entity. person or agent, representative, partner, director, officer or employee of that entity or person under investigation by the Commission shall~
(a) grant access to officers of the Commission with regard to any place, wellsite, plant, facility, upstream machinery, equipment, appliances or things that may be relevant to the investigation : and
(b) provide on request, any book, account, record, document, voucher, information and explanation relating to upstream petroleum operations as the officers of the Commission may require.
(3) An entity, person or agent, representative. partner, director, officer or employee of that entity or person who fails to comply with subsection (2) commits an offence and is Iiable on conviction to–
(a) a minimum fine of N5,000,000 or u term of five years imprisonment; and
(b) in the case of a continuous offence. to an additional minimum fine of N 100,000 for each day during which the offence continues.
(4) The Commission shall in the exercise of its powers under this section avoid undue hindrance of entities and persons engaged in lawful upstream petroleum operations.
(5) The Commission can seal or close any premises or facility utilised for purpose of upstream petroleum operations if the licensee, lessee or permit holder is found to be in breach of the relevant provisions of this Act.
