NPA empowered to prosecute crimes in oil supply chain
In a significant development, the National Petroleum Authority (NPA) has been bestowed with prosecutorial powers by the Attorney General, further bolstering its regulatory mandate and enabling the successful prosecution of crimes within the country’s oil supply chain. This move comes as part of the government’s ongoing efforts to enhance transparency, integrity, and accountability in the petroleum downstream industry, and to combat illicit activities that have plagued the sector for far too long.
The authority obtained the Executive Instrument (EI) 378 in 2020, granting it the legal authority to prosecute cases within the petroleum downstream industry. Previously, the NPA relied on the Attorney General’s office and the police force to handle prosecutions, which often resulted in delayed or inconclusive legal proceedings. With this latest development, the NPA now possesses the necessary tools to effectively tackle crimes occurring within the oil supply chain, ensuring that perpetrators are held accountable for their actions.
Ms. Farida Ali-Musah, the Legal Manager at the Legal Directorate of NPA, shed light on the significance of this milestone during a recent media engagement held in Cape Coast. Ms. Ali-Musah highlighted that prior to obtaining prosecutorial powers, several cases brought by the NPA were dismissed by courts due to a lack of prosecution. This glaring gap in the legal framework necessitated the authority’s quest for enhanced powers, enabling it to independently pursue legal action against offenders.
Since its establishment in 2005 under Act 691, the NPA has witnessed the transformative evolution of Ghana’s petroleum downstream industry. As the sector continues to evolve and expand, it is imperative that regulatory bodies adapt and strengthen their capacities to effectively address emerging challenges and combat criminal activities. Granting the NPA prosecutorial powers aligns with the government’s commitment to upholding the highest standards of governance and integrity in the oil industry.
Under the expanded purview of its prosecutorial powers, the NPA will focus on crimes such as operating without NPA-certified licenses, misapplication of the prescribed petroleum pricing formula, tampering with Bulk Road Vehicle (BRV) tracking and volume monitoring systems, making false statements and withholding material information, obstruction or interference with investigations, as well as the sale of unmarked fuel. Offenders found guilty of these offenses may face sentences ranging from five to ten years, reflecting the severity of their actions and the determination to deter future wrongdoing.
To ensure a smooth transition and effective implementation of these new powers, the NPA has initiated stakeholder consultations with industry participants, legal experts, and relevant agencies. This collaborative approach aims to foster a comprehensive understanding of the legal framework and garner support from all stakeholders in the petroleum downstream sector. By engaging key players, the NPA intends to streamline processes, clarify expectations, and facilitate the seamless execution of prosecutions.
The empowerment of the NPA with prosecutorial powers signifies a major stride forward in strengthening governance, accountability, and regulatory integrity within Ghana’s oil supply chain. This landmark move demonstrates the government’s resolute commitment to combating illicit activities, safeguarding industry interests, and protecting the nation’s valuable petroleum resources. As Ghana continues to solidify its position as a key player in the global energy landscape, the enhanced capabilities of the NPA will undoubtedly contribute to a more transparent, secure, and prosperous petroleum downstream sector.
As the authority proceeds with the implementation of its prosecutorial powers, industry stakeholders and the public eagerly anticipate the positive impact this development will have on curbing criminal activities, ensuring fair competition, and fostering a culture of compliance within the Ghanaian oil industry. Through diligent enforcement, stringent regulation, and swift legal action, the NPA aims to instill trust and confidence in the sector, encouraging sustainable growth and long-term prosperity for Ghana’s petroleum downstream industry.
