X-raying the PIB law
Societies from the cradle have embraced standardization in trade and services and various means were devised to serve as measurement in order to have uniformity within sector of human endeavour. This social ethics has informed the decision of government of Nigeria to include issues of weights and measures in one of its (MDA’s) known as […]
Societies from the cradle have embraced standardization in trade and services and various means were devised to serve as measurement in order to have uniformity within sector of human endeavour. This social ethics has informed the decision of government of Nigeria to include issues of weights and measures in one of its (MDA’s) known as Weights and Measures Ministries Departments and Agencies.
However, with the clamour for best practices in all human endeavours and desire to have accurate and effective service delivery, the Federal Government approved the request of the Ministry of Commerce and Industry to upgrade the division hitherto under Department of Trade to a fully fledged Department of Weights and Measures from January 2010 to enable it administer Weights and Measures in Nigeria to be empowered by Weights and Measures Act CAP W3LFN, 2004 (Formally weights & Measures Act CAP 467LFN 1999); Pre-Shipment Inspection of Export Act CAP P25 LFN, 2004; Weights and Measures Standardization of Indigenous Measures Regulations, 1992; and the Weights and Measures Fees Regulations.
These laws empower the department to certify and check the compliance of all measuring and weighing equipment in all sectors of the economy including oil and gas which includes creating uniformity in measurement of products in the market in collaboration with state Ministries of Commerce and Industry; inspection of factories for compliance and accuracy of their measurement as well as inspection of petrol retail for accurate dispensing of petrol, diesel and kerosene at the pumps and inspection of measuring equipment at oil and gas sector of the economy. (Both upstream and downstream).
Also, the Department is charged with the care and custody of Nigeria’s Primary Standards of Kilograms (KG) and Metre (M); verification of pre-packaged goods such as bottle of soft drinks, bags of cement and flour; issuance of type/pattern approval in respect of weighing and measuring instruments manufactured locally and imported; prescribes necessary standards for design and manufacture of indigenous measures used for the measurement of grains and liquids; verification of the accuracy of telecommunications timers and electricity meters; calibrating of weighing and measuring instruments on request by companies, individuals and government organizations and enforcement of the Pre-Shipment inspection of Export Act to ensure that the quantity of crude exported out of the country is accurately known.
These responsibilities are geared toward ensuring that products are not under dispensed at market, factories, oil and gas stations and crude oil depots in Nigeria
This is a clear demonstration of Federal government seriousness in entrenching transparency, accuracy and fairness in the commerce and industry sector of the economy by empowering the department to monitor the accuracy of crude oil exported from Nigeria and provide avenue for citizens to have value for their money in respect of accurate dispensing of petroleum products at the filling stations.
This effort by Federal government have been applauded by citizens and stakeholders through their objection to some of the clauses in the Petroleum Industry Bill (PIB)currently in National Assembly that intend to subsume the action of the Department of Petroleum Resources (DPR) to expunged the function of other agencies. In chapter 3 of the bill, Stakeholders have drawn the attention of National Assembly to certain clauses in the Petroleum Industrial Bill (PIB) that will infringe on Weights and Measures Act. The fraudulent clauses are capable of entrenching fraud in the sector based on the fact that there will be absence of checks and balances as well as transparency in the sector for instance Chapter 3 of the bill (39 p,u,and 40a ii)
(p) supervise and ensure accurate calibration and certification of equipment used for fiscal measures in the industry;
(u) issue Clean Certificates of Inspection at the oil terminals to exporters of crude oil, natural gas, liquefied natural gas and all petroleum products, upon satisfaction that the requirements as to quality, quantity and price have been complied with; (a ii) any enactments prescribing activities of the petroleum industry made prior to this chapter and any regulations made in pursuance of power given under them;
By virtue of these laws, the Federal Ministry of Commerce and Industry has the exclusive jurisdiction to regulate all weights, measures, weighing and measuring instruments in use for trade in the Nigerian economy, being the custodian of Nigeria Primary Standards of length and mass in line with international convention and best practices. The Oil sector therefore should not be an exception to the international convention as regards the application of Weights and Measures statutory Laws and Regulations in Nigeria.
Kazeem wote from [email protected]