The Court of Appeal sitting in Asaba, Delta State, in its decision delivered on Friday has indefinitely restrained Opeans Nigeria Limited from conducting the Basic Offshore Safety Induction and Emergency Training (BOSIET) and issuing related offshore safety certifications at its Warri and Port Harcourt facilities.
The appellate court, in affirming an earlier judgment of the Delta State High Court, held that the trial court was right to restrain the company after finding that it falsely represented itself as being accredited by internationally recognised safety bodies to conduct offshore training.
Opeans had claimed accreditation by the American Petroleum Institute (API) and Veriforce Limited Liability Company, claims that were expressly denied by both organisations. API, in particular, disowned any affiliation with Opeans, stating that certificates issued by the company were not recognised and failed to meet international safety standards.
Court documents show that despite these denials, Opeans continued to hold itself out to the public and oil and gas operators as being duly certified to conduct BOSIET, a mandatory safety requirement for offshore personnel.
In upholding the injunction, the Court of Appeal agreed that allowing a unaccredited entity to conduct BOSIET certification posed serious safety risks to offshore workers and undermined the integrity of Nigeria’s offshore safety regime. The court therefore restrained Opeans indefinitely from conducting BOSIET and similar safety trainings.
*Industry Turns Spotlight on NUPRC*
The judgment has shifted attention to the Nigerian Upstream Petroleum Regulatory Commission (NUPRC), which industry stakeholders say must now act decisively to enforce the court’s ruling.
Several operators and safety professionals told this newspaper that they expect the NUPRC to immediately halt the recognition and usage of BOSIET certificates issued by Opeans Nigeria Limited, in line with the appellate court’s decision.
“This is no longer a grey area. The Court of Appeal has spoken clearly,” said a senior offshore safety consultant. “Any regulator that continues to recognise those certificates would be acting in open defiance of the law.”
Another industry source noted that BOSIET certification is foundational to offshore safety and that compromising its integrity has far-reaching consequences.
“When people go offshore with invalid training, lives are at risk. This goes beyond paperwork; it is about survival at sea,” the source said.
*Allegations of Regulatory Protection*
However, other industry insiders expressed concern that regulatory enforcement may not be straightforward. Some allege that the NUPRC, under the previous leadership of Engr. Gbenga Komolafe, had, in the past, shielded Opeans from sanctions, and disregarding subsisting court orders.
“For years, many of us wondered how this company kept operating in the face of overwhelming evidence,” an industry operator said. “The perception within the industry is that regulatory protection played a role.”
Another source added: “The previous leadership of the commission was widely seen as unwilling to enforce court decisions. That history cannot be ignored.”
*NUPRC New Leadership, Crucial Test*
The issue has assumed added significance following the recent announcement by President Bola Ahmed Tinubu of a new Chief Executive for the NUPRC. Industry watchers say the Opeans matter presents an early and critical test of the new leadership’s commitment to the rule of law and regulatory credibility.
“The handling of this case will send a strong signal,” said a petroleum law expert. “Either the Commission aligns itself with the courts and international best practices, or it reinforces the perception that court orders can be ignored.”
As at the time of filing this report, the NUPRC had not issued an official statement on the Court of Appeal judgment. Stakeholders say a prompt and unequivocal response from the commission is essential to restore confidence in Nigeria’s offshore safety framework.
For many in the industry, the question is no longer whether Opeans can conduct BOSIET training, the courts have answered that, but whether the NUPRC will fully enforce the law under its new leadership.
