Section 49: Special Powers of the Authority.
1 The Authority shall in carrying out its functions under this Act have special powers to—
a inquire, inspect, examine or investigate any business or activity relating to midstream or downstream petroleum operations under this Act, where it believes that illegal midstream or downstream petroleum operations are going on;
b conduct surveillance on petroleum liquids and natural gas installations, premises and vessels where it believes that illegal midstream or downstream petroleum operations are going on;
c enter any midstream or downstream wellsite, plant, facility or place—
(i) at which petroleum liquids oil or natural gas is refined, processed, stored, handled or treated; or
(ii) that is used in connection with any midstream or downstream wellsite, plant, facility or place where petroleum liquids or natural gas are refined, processed, stored, handled 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 midstream or downstream 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 midstream or downstream petroleum operations to-
(i) answer any question that may be relevant to the inquiry, inspection, examination or investigation, and
(ii) provide any required information 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 midstream or downstream 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 midstream or downstream 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 to the inquiry, inspection, examination or investigation, including removing any computer hardware or software or any other data storage, processing or retrieval device or system;
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 Authority shall—
a grant access to officers of the Authority with regard to any place, wellsite, plant, facility, midstream or downstream 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 midstream or downstream petroleum operations as the officers of the Authority 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 liable on conviction to—
a a minimum fine of N5,000,000 or a term of imprisonment for five years, and
b in the case ofa continuous offence, to an additional minimum fine of N100,000 for each day during which the offence continues.
4 The Authority shall in the exercise of its powers under this section avoid undue hindrance of entities and persons engaged in lawful midstream or downstream petroleum operations.
Cite this section
Section 49, PETROLEUM INDUSTRY ACT, 2021 (2021).
https://repo.podus.ai/laws/petroleum-industry-act-2021/section/49/