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Federal Government of Nigeria Issues the Upstream Petroleum Operations (Cost Efficiency Incentives) Order, 2025

In line with the Federal Government of Nigeria’s (FGN) commitment to
optimising the management of its petroleum resources and driving
efficiency in upstream operations, the FGN, through an official gazette,
has issued the Upstream Petroleum Operations (Cost Efficiency
Incentives) Order, 2025 (the Order).

The Order, signed by President Bola Ahmed Tinubu, GCFR, aims to
address the persistent issue of high operating costs in the upstream oil
and gas sector by introducing a structured incentive regime. Prior to now,
operating cost in the Nigerian Oil industry have been significantly higher
than comparable oil provinces around the world. This initiative aims to
realign Nigeria’s upstream petroleum operations with global cost
benchmarks, eliminate the cost premium, boost competitiveness, and
reward efficiency through tax credits.

Here are the key highlights and commentary on the Upstream Operations
(Cost Efficiency Incentives) Order,2025. 

The primary objective of the Order is to establish a cost efficiency
incentives (CEI) framework that promotes cost discipline and
operational efficiency across Nigeria’s upstream petroleum sector,
thereby increasing Nigeria’s competitiveness in the global oil and gas sector.

The order aligns with the provisions of the Petroleum Industry Act
section 8, which empowers the Nigeria Upstream Regulatory
Commission (NUPRC or the Commission) to develop cost
benchmarks for the evaluation of upstream petroleum operations. The incentives will apply to all companies operating in the upstream petroleum sector as, Lessees, Licenses and Production sharing Contractors. Lessees, Licenses and Contractors are as defined in the Petroleum Industry Act 2021 (PIA). 

The Commission, in consultation with industry stakeholders, is tasked, on an annual basis, with conducting annual benchmarking studies to establish:

  1. Unit Operating Cost (UOC) targets for onshore, shallow water, and
    deep offshore terrains.
  2. Cost reduction targets customised to each operator’s terrain and
    production characteristics.
  3. Annual assessments within the tax return cycle to evaluate
    performance against targets.

The Commission will forward the list of qualified companies eligible
for the CEI to the Federal Inland Revenue Service (FIRS), and this will
serve as a guide to validate taxpayers’ claim to the incentives

Lessees, Licenses and Contractors, whose actual cost in a financial year are below the set cost reduction targets, are entitled to tax credits based on a share of the incremental government take saved through cost efficiency. 

These tax credits will be applied against the overall tax liability of the Lessees’, Licenses’, or Contractors’ relevant asset, designed to reward companies for cost reductions without compromising existing government revenue expectations. It is important to note that these incentives are non-transferrable beyond 31 May 2035. Unless extended or renewed by the President, any unutilised tax credits by this expiration date will become invalid.

The formula for computing the CEI is as follows: 

CEI = (TOC-AOC) * V * RTR * 50%

Where:

CS is Cost Savings = (TOC – AOC) 
RTR is Referenced Tax Rate
AOC is Actual Operating CostsTOC is Target Operating Cost
V is Annual Fiscal sales of Hydrocarbons
50% is the maximum allowable proportion of CEI from cost savings

It is important to note that CS must be a positive integer to qualify for the incentive. The tax credits must be linked to legitimate, sustainable efficiencies and not derived from unfair practices or prejudicial dealings

The Order took effect on 30 April 2025, with implementation guidelines expected within 30 days, and benchmarking matrices to be published within 90 days of the start of each calendar year. This incentive scheme remains in force until 31 May 2035, unless extended. 

Conclusion

The FGN’s initiative to promote cost discipline and operational efficiency in upstream petroleum operations is a commendable step toward reshaping the country’s oil and gas landscape. By directly linking tax incentives to cost efficiency performance, this policy signals a clear commitment to fiscal responsibility, competitiveness, and economic optimisation. 

The provisions of the order also balance the incentives with the tax revenue need of the government, by restricting the applicable tax rate for computing the incentives to 30%, regardless of the actual regime of the operator, limiting the lessee/licensee take to 50% of the after-tax savings, and making actual claim each year subject to a maximum of 20% of actual tax liability for the year. Unutilised incentives can be carried forward for three years.

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