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| FEATURE ARTICLE |
| Priye S. Torulagha | Thursday, April 13, 2006 |
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IT IS TIME TO REPEAL THE LAND AND RESOURCES USE DECREES
he increasing militant opposition to oil exploration in the Niger Delta, especially in Ijaw areas is very predictable. When a state initiates an economic policy based on laws that are considered to be unjust, there is bound to be opposition to such laws. When the state refuses to listen to the voice of reason, instead, attempts to impose its will militarily in order to effectuate unjust laws, there is bound to be militant opposition to the state. Thus, after almost forty years of pleading with the Federal Government to pay more attention to the Niger Delta and to treat the oil-producing region justly and being ignored repeatedly, the indigenes of the region are increasingly making their demands more forcefully for a better deal. After all, Nigeria has primarily depended on force rather than on dialogue to impose an unjust economic order on them. Consequently, the Movement for the Emancipation of the Niger Delta and a host of armed groups in the region are by-products of the Nigerian failure to address the issues pertaining to oil exploration, resource control, and the development of the Niger Delta.
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Now that the hostage crises are over, it is time for the Federal Government to immediately repeal the Land and Resources Use Decrees. The Land and Resources Use Decrees include: (1) The Petroleum Decree of 1969, (2) the Land Use Decree of 1978, and (3) Gas Re-injection Decree of 1979. The Petroleum Decree of 1969 vested entire ownership and control of petroleum resources to the state. The Land Use Decree of 1978 vested all lands in Nigeria to the state. The Gas Re-injection Decree of 1979 empowers the state to appropriate penalty fees for gas flaring to the Nigerian state (Waboke, February 28, 2005). The Decrees are un-African, communistic, unjust, exploitative, discriminative, punitive, and illegal. These are the reasons why they should be repealed with immediate effect, to avoid further escalation, another cycle of hostage taking, and potential for a civil war.
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There is no doubt that the decrees are in serious violation of African traditional concept of land ownership and resource/property usage. In Africa, generally, those who live on the land maintain custodial control of the land. Similarly, they use the land to sustain themselves economically. These decrees prevent Nigerians from exercising control over their lands. In particular, the oil-producing region cannot even make use of the mineral resources in their territory to maintain themselves economically. They must wait like refugees for others to make the decision for them.
2. Communistic
The decrees are communistic and are contrary to the democratic ideals of free enterprise. In particular, the indigenes of the oil-producing region cannot exercise the right to become custodians of their lands and to benefit from the bounties of their lands. If Nigeria were a communist state, then the decrees would have been justified. Thus, Nigeria cannot claim to be democratic and the at the same time institute communistic measures to thwart democracy by depriving Nigerians the right to engage in free use of their lands. It should be noted that in a communist system, the state maintains total control of the land, resources, and the economy. By maintaining total control of the land and resources, Nigeria is dabbling in communism while claiming to be democratic.
3. It is illegal.
The decrees were passed during the military era. They were enacted without the benefit of serious constitutional debate involving stake-holders and the citizens of the country. Since they were passed during the military era, it is not appropriate for a democratic political regime to justify an economic policy that sounds like a legalized robbery of petroleum that belongs rightfully to the ethnic groups that inhabit the oil belt. Moreover, it is inappropriate and undemocratic for a democratic regime to rely on non-democratic means to impose an unjust and illegal order on a particular section of the country.
4. It is Discriminatory
The decrees are unjust because they discriminate against the indigenes of the region where oil is located. The discrimination stems from the fact that the decrees violate the Constitutional Right of equal treatment for all Nigerians. The decrees do not allow equal treatment as a result of the fact that when groundnut, cotton, cocoa, palm oil and kernel were the major sources of national income, the revenues that emanated from them were shared 50/50 percent. This meant that the regions which produced the products got 50% and the national government also got 50%. Thus, a fifty percent sharing is nondiscriminatory and is fair to all. On the other hand, total national ownership of oil, as stipulated in the Petroleum Decree is contrary to the principle set in motion when cash crops were the mainstay of the economy. Likewise, it is very discriminative since it does not allow people in Akwa Ibom, Abia, Bayelsa, Cross River, Delta, Edo, Imo, Ondo, and Rivers States to have a 50% share that the regions enjoyed under the derivation formula. Total national ownership does not allow Nigerians in the oil belt to contribute to the decision-making process involving oil exploration, management, and control.
5. Majority vs. Minority
The decrees create the impression that since the majority ethnic groups dominate the political, military, and economic powers of the country, they have a right to usurp the economic rights of the ethnic groups in the oil-producing region. It should be noted that during the era in which cash crops (groundnuts, cocoa, palm oil, and palm kernel) were the main stay of the economy, derivation was the basis of sharing the revenue. This was done because the products were primarily produced in majority ethnic regions of the country. On the other hand, oil is principally produced in minority areas, with the exception of Igboland (Abia, Imo and Western Igboland in Delta State) and Ondo (Yorubaland).
Thus, they are sources of political and economic polarization of the country since the minority groups in the oil-producing region are seriously offended that laws are intentionally instituted to deprive them of their right to exercise ownership of resources that originate from their territories while those who have no connection whatsoever with oil and gas make crucial decisions about the resources.
6. Transfer of Wealth
The decrees serve more like a politico-legal-military instrument designed to transfer wealth from powerless ethnic groups in the Niger Delta to the powerful ethnic groups. They provide avenues for those in power to forcefully expropriate land and resource from owners without due process and fair compensation. It is very exploitative that people in Abia, Akwa Ibom, Bayelsa, Delta, Edo, Imo, Ondo, and Rivers States cannot even get monetary compensation for gas flaring even though they are most victimized by it. It is understandable why the Federal Government and the oil companies are not motivated to stop gas flaring. The government earns money for failure to stop gas flaring and the oil companies gain because they government is not putting pressure on them to stop the practice.
Since oil exploration began with the first oil well in Oloibiri, the Federal Government of Nigeria has intentionally refused to invest in the oil-producing region. Instead, it takes from the region to massively develop other parts of the country. For instance, Lagos is situated in a topography similar to that of the Niger Delta. Yet, the Federal Government did not hesitate to invest massively to develop Lagos while Gen. Yakubu Gowon was in power in the 1970s. All the modern major bridges today in Lagos are the products of massive investment using oil money from the Niger Delta. Abuja was turned from nothing into a major metropolis with oil money in a very short time. Dubbed as the Federal Capital Territory, billions of dollars were poured into the development. As a result of the massive investment of money into the FCT, certain Nigerians became multimillionaires just by looting from the Abuja budget. Yet, the same Federal Government has been dragging its feet when the issue of developing the oil-producing region is mentioned.
All the major highways in the country built within the last thirty years were financed through oil revenues. The Northern and Western parts of the country have modern highways. The South-Eastern and South-South zones are neglected from major highway construction. The East/West Road, which is the only highway that connects the oil producing states, is in a state of total disrepair. Bayelsa State still does not have any national electrical connection.
7. A State of Colonialism
The decrees perpetuate a political relationship which can best be described as colonialism. In other words, Nigeria treats the oil-producing states as economic plantations just as the British had done to its colonial possessions. As a result, Nigerians in the oil-producing region are treated as second or third class citizens. They have no political, legal, and economic rights and must wait for the colonial power (Nigeria) to decide their economic faith. As a result of the unequal political relationship, public officials in the region are forced to act like caretakers and sycophants to the national power-wielders. They are put in power and removed from power either through Abuja or Lagos.
8. Institutionalization of Sycophancy
Thus, the decrees have immensely contributed to the institutionalization of sycophancy in the oil-producing region and nationally, to a certain extent. By taking away the right of ownership from the people who owns the lands, the Federal Government turns the region into some kind of economic colony. As a result, high-level public officials in the oil-producing states seem to owe their allegiance to Abuja rather than to the citizens of the states in which they govern. No public official in Abia, Akwa Ibom, Bayelsa, Cross River, Delta, Edo, Imo, Ondo, and Rivers State is capable of authoritatively challenging the overbearing tendencies of PDP and Abuja plutocrats. Any official from the region that tries to do so would be removed from power by Abuja. Occasionally, Gov. Kalu of Abia tries to challenge the president and the Abuja political tycoons but is forced to apologize. When former Gov. D.S.P. Alamieyeseigha of Bayelsa tried to criticize the behavior of the oil companies and blame the Federal Government for problems in the oil belt, he was set up in London, arrested and charged for money laundering. When he was a good boy, Abuja did not seem to notice that he was massively corrupt but as soon as he began to speak out, they felt that he had to go. This is the classic manner in which colonial powers treat their subjects.
Consequently, the governors and high-level public officials in the oil-producing region are forced to act like caretakers for Abuja and the PDP godfathers and godmothers. This is why the governors of the oil producing states did not join the battle for resource control until much later while their citizens were already fully engaged in the struggle. They are expected to spend lavishly to grease the palms of the national plutocrats with funds from their state budgets. They must praise-sing and wag their tails in honor of the president and other high officials of the PDP and the Federal Government.
Unfortunately, having become dancers and praise-singers, some of them have conceptualized that as far as they dance, praise-sing, and grease the palms of their godfathers and godmothers in Abuja and the PDP, their political careers will be secured for ever. Some have gone as far as to assume that if they spend massively to glorify their outside godfathers and godmothers, they would be nominated as vice presidential candidates in the coming presidential elections. Chief Alamieyeseigha, was a pretender to the vice presidential throne and thought that he could buy the approval of the national plutocrats to support his ambitions. Having spent generously to grease the palms of the national power-wielders, he assumed that he could do anything and get away with it. He ignored the advice of his people, especially his own appointed political advisers in Bayelsa State and throughout Ijawland. He flew to Abuja any time he wanted to consult with the powers that be. Well, having gotten enough from him financially, the plutocrats got rid of him.
Despite the humiliation suffered by Chief Alamieyeseigha, it appears that other high-level public officials in the Niger Delta have not learned from him. On top of the list of those who continue to spend lavishly on national power-wielders is Governor Peter Odili of Rivers State. Today, he is the NUMBER ONE Father Christmas in Nigeria. He gives out Rivers State's funds to any imaginable project or event or activity that will bring glorification to his name and his ambition to become the next president or vice president of Nigeria. Even when an incident or event involves national jurisdiction, Odili will take upon himself to Riversify the matter by donating the state's money.
However, despite his willingness to lavishly spend Rivers State's funds for activities outside the state, he does not particularly seem to be very generous to the state. Rivers State is still largely a one-city state. There is no effort to urbanize other parts of the state. Port Harcourt is looking more like an urban jungle. There is only one major hospital throughout the whole state and that hospital has been there for over 60 years. Dr. Odili is a medical doctor, yet, he does not see the need to establish more modern public hospitals in the state, considering the fact that the population of Port Harcourt has tripled. Instead, he bought planes to supposedly fly people with medical needs around. The riverine areas of the state continue to remain untouched by development. The University of Science and Technology which is the former College of Science ad Technology is languishing from lack of infrastructural rehabilitation. The structures that are there today were put in place during Governor Diete Spiff's era. Yet, Governor Odili donates Rivers State monies to institutions of higher education in other parts of the country. Primary and secondary schools in the state require massive infrastructural rehabilitation, yet, Gov. Odili does not see it necessary to up grade these institutions. Of course, he does not mind giving money to national causes and institutions in other states. Due to his generosity to the national power-wielders, Port Harcourt is now the gathering ground for those who want to get some Christmas gifts from Father Christmas in Rivers State. Therefore, Port Harcourt has become the headquarters of the National Financial Welfare Program for those in position of power who want some free money from Rivers State. It is very rare to hear of Gov. Odili donating money to Rivers State citizens, towns and villages in the state. Perhaps, after much criticism from writers, the state government, in early April 2006, announced that it was going to upgrade state infrastructures (hospitals and schools). Well, one could say that it is better to be late than never.
Governor James IBori of Delta State is a man in shackles and he must spend constantly to douse the legal fire surrounding his case. Whenever any national power-wielder wants to get some money, the issue of Ibori's legal status is raised and he is forced to spend in order to douse the issue. As a result, he must dance constantly and praise-sing the powers that be in Abuja for him to remain in power. Right now, the eyes of the country are focused on Bayelsa. Everyone wants to know where Governor Goodluck Jonathan stands in terms of playing the game. Is he going to sacrifice Bayelsa to satisfy the plutocrats or the oligarchs in Abuja or take the bull by the hand and work to develop the state? That is the one billion naira question.
The legislatures of the oil producing states exist only in theory. Even though they supposed to have the power of the purse, the governors dominate both the executive and legislative branches, in clear violation of the principle of separation of powers that the presidential system calls for. As a result, the governors spend without legislative authorization. Even when the legislatures act, they do so in appeasement of the governors. This explains why Gov. Odili is free to spend Rivers State money for non-state matters without risking the anger of the state legislature. It is imaginable that the legislators are supportive of the governors spending ways in the hope of getting their own cuts from the budgets. Otherwise, it is difficult to explain why they are so supportive of reckless spending by the states' chief executives when the power of the purse actually lies with them constitutionally.
9. The Sons and Daughters of the Niger Delta
President Obasanjo and many Nigerians from the non-oil producing regions of the country tend to blame the sons and daughters of the Niger Delta for the severe underdevelopment of the region. They believe that the region would have been much better if public officials from the region devoted most of the funds allocated to the region for infrastructural development instead of embezzling them. They point to Chief D.S.P. Alamieyeseigha as an example of regional public officials who embezzled massively and failed to develop their states. Olanrewaju Ajiboye wrote, "the present crop of leaders from the region who are occupying political offices are the enemies of the people." (February 27, 2006). He failed to recognize the role of Abuja and the multinational corporations in perpetuating corruption and mediocrity in the oil producing region.
Those Nigerians who blame the regional sons and daughters also fail to recognize the fact that most of the public officials in the Niger Delta were actually put in place by the national power-wielders. When Gen. Ibrahim Babangida was in power, Rivers State was the battleground between the national government and the Niger Delta as the national power-wielders tried to impose leaders on the oil-producing state. Dr. Obi Walli was a victim of the effort to nationalize the leadership in Rivers State so that oil will continue to flow. Gen. Sani Abacha decided to kill anyone from the oil belt that spoke about resource control. Thus, Pa Rewane and Chief Saro Wiwa paid with their lives. Chief Ibru narrowly escaped death. Lt. Gen. Abdulsalami Abubakar was very antagonistic to the Kaiama Declaration and sent forces to Ijawland to weed out the youths. During the same time, the militarization of the entire Niger Delta began, hence, security forces ransacked Ibibioland, Ikwerreland, Egiland, Isokoland, Itsekiriland, Ndokwaland, Urhoboland etc. in an effort to eliminate 'troublemakers.' President Obasanjo, who tried to shed his leopard skin and the Peoples Democratic Party, have surpassed Babaginda, Abacha, and Abubakar in trying to control the oil producing region. It was Gen. Obasanjo who initiated the Land Use Decree. He is making sure that no one who is not controlled from Abuja is in position of power in the oil-producing region. It should be recalled that the PDP literally stole the 2003 elections. Prof. Maurice Iwu's confession about the 2003 elections came too late to repair the damage (Vanguard, April 10., 2006). Hence, in Bayelsa, Rivers, Delta, and Edo States, those who tried to compete against the ruling governors were stopped from doing so. Therefore, it is possible to say that the president and those Nigerians who decry corruption in the Niger Delta are shedding crocodile tears, after all, the president and the PDP were responsible for anointing the corrupt public officials in the region.
10. Oil Blocs
One of the basis on which Nigerian leaders and Nigerians from the non-oil producing regions have laid their claim to the oil revenue is that oil is a national resource. Based on this view, they believe that the Federal Government should have total control in the management of petroleum resources. They add that national ownership is necessary in order to ensure that oil revenue is shared to the betterment of all Nigerians, irrespective of whether they are from the oil belt or not.
On the surface, this argument sounds excellent, however, in reality, it does not. The reason being that if oil is a national resource, why is it that oil shares (blocs) are given to highly connected individuals and not to the Nigerian people. Why are highly connected individuals given oil blocs (shares), regardless of their financial status and expertise in oil exploration? These Nigerians, like middle men, then sell their shares (blocs) to the international oil companies. By so doing, bloc owners earn millions of dollars while the Nigerian public ends up with nothing. The indigenes of the oil-producing region are shortchanged since those highly connected Nigerians with oil shares (blocs) only care about themselves and not the generality of the public. Quite often, bloc owners pay very little to the Nigerian state for acquiring the right to own oil shares. Similarly, they pay very little to register the companies which they use to gain oil blocs. Thus, Ret. Lt. Gen. Theophilus Danjuma, the former Defence Minister, who helped to establish Operation Hakuri 11 that resulted in the incremental militarization of the Niger Delta and the devastation of Opia, Ikenya, Odi and other Niger Delta communities, a friend of the anticorruption fighting President Obasanjo, recently sold his 10% shares in Akpo oil and gas field through the South Atlantic Oil Company (SAPETRO) to a Chinese oil company for $2.3 billion (Odunlami, January 23, 2006).
Other friends of President Obasanjo that have made millions of dollars from oil blocs include: Aliko Dangote, who owns the Dangote Energy Equity Resources (DEER), Chief Anthony Anenih, the chairman of the Board of Trustees of the People's Democratic Party (PDP), who owns a controlling share in A & Harmattan Ltd., Mike Adenuga, a telecommunications and oil marketing tycoon, Kema Chikwe who owns shares in Filtzim-Huzod Oil and Gas, Tonye Cole, son of the former special adviser to President Obasanjo, who owns interest in Sahara Energy, Adophus Wabara, the former Senate President, who has interest in Overt Oil, Emeka Ofor, who owns the Environmental Remediation Holding Corporation (ERHC), Osamede Okhmina (Ibid.). Many, if not most of the highly connected military generals who reigned during the regimes of Gen. Babangida, Abacha, and Abubakar have oil blocs and continue to earn money from oil while the indigenes of the region remain in abject poverty.
11. One item Economy
The Land and Resource Use Decrees have contributed immensely to the destruction of the Nigerian economy. Every Nigerian leader, starting from the regime of Gen Obasanjo, has depended solely on oil as a means of propping up the economy. As a result, farming and industrialization have been sacrificed.
Unfortunately, a one-item economy is not vibrant enough to maintain Nigeria, hence, the suffering and lack of employment. It increases ethnic and regional tensions as every state and every region scrambles to have a piece of the oil wealth. As the entire country depends on oil, pressure is mounted on the non-oil producing regions to take as much as possible from the oil-producing region while the oil-producing region feels neglected and abandoned. This is what is forcing youths in the oil-producing region to adopt militancy as a means of securing the region from total environmental destruction and economic suicide.
An extensive dependence on oil forces Nigeria to sacrifice its national security since the price of oil is unpredictable. The price goes up and down, thereby, making it very difficult to initiate a sustainable economic development plan. Any sudden change in the price of oil can alter the national development plan. Similarly, dependence on oil is forcing Nigeria to forge alliances with foreign entities that are not really beneficial to its national security since it must accommodate those nations and organizations that have stake in oil. There is no doubt that dependence on oil has forced Nigerian leaders to sacrifice the interest of the Nigerian people. Hence, the country continues to remain poor and corrupt despite an increase in oil revenue.
12. A State Within a State
The decrees enable the multinational oil corporations to behave as if they are sovereign states within Nigeria because they know that Nigeria is totally depended on oil. Since the entire economy is tied to oil production, Nigeria cannot take decisive steps to enforce its sovereignty. This is why it allows the oil companies to violate Nigerian laws, massively pollute the environment and treat the citizens of the oil-producing region as sub-humans.
Nigeria does not hesitate to violate the rights of its own citizens in order to ensure that the oil companies have an uninhibited access to the oil-producing region. As soon as an oil company complains, Nigeria responds by sending security forces to unleash pain and destruction on communities that are fighting to protect their environment. While Nigeria is very eager to please the oil companies, it has not been able to take any legal action against any oil company for violating the laws of the country. Thus, the oil companies are above the law in Nigeria. For example, the National Assembly and the courts had mandated Shell Petroleum Development Company to pay $1.5 billion to the Ijaw people about three years ago. The company blatantly refused to comply and Nigeria has not taken any legal action to compel the company to abide the rulings (BBC NEWS, World/Africa, February 24, 2006). Quite often, the oil companies do not implement the Memorandum of Understandings that they signed with host communities. Again, the Federal Government does not show any interest in compelling the oil giants to comply with the MOUs.
They have no regard for Nigeria since they know that they can bribe public officials to look the other way and allow tem to do as they wish. On the other hand, these companies would never try to behave lawlessly in the United States, Britain, Italy, France etc. where laws are effectively enforced. In Nigeria, the oil companies lay pipelines in residential areas without burying them underground, in total violation of environmental procedures. Whenever there is a leakage, communities are forced to flee to avoid the danger of explosion. Recently, residents of Oke-Odo in Agege, Lagos State had to flee following a pipeline rupture and oil leakage. This testifies to the constant danger that Nigerians are exposed to daily, due to the haphazard nature of the oil business. Generally, oil companies respond to emergencies only when they choose to do so. As a result, it always takes them forever to fix leaked pipelines and clean the environment after explosions.
13. Source of Embezzlement
The intolerable decrees provide an easy access for those in position of power to embezzle the oil wealth. To say that oil is a national wealth is to imply that oil belongs to no one. This allows the embezzlers to loot without any restrain. On the other hand, it should be noted that when groundnut, cocoa, palm oil and palm kernel were under the supervision of the regions that produced them, the regions made sure that the products were managed effectively and efficiently. National management amounts to a free giveaway of the peoples' resources to the few who exercise political and administrative leadership of the country.
14. Environmental and Ecological Destruction
The three decrees make it possible for the oil-producing region to be viewed as a free-for-all economic zone where multinational corporations and oil bloc owners can roam free and inflict massive environmental destruction. By conniving with corrupt public officials, the multinationals corporations have no regards for the indigenes. They do not create employment and contribute to the social and infrastructural development of the communities in the region. All the major oil companies hire their Nigerian employees from the power-wielding groups, believing that by giving employment to the sons and daughters of such groups in Nigeria, they can gain access to the oil region in perpetuity until oil is completely drained from the area.
Due to the total neglect that the Federal Government has visited upon the Niger Delta, youths in the region cannot gain employment, even after completing their university education. Farmers cannot farm profitably because their farmlands have been destroyed. Fishermen and women can no longer fish because the fishing waters have been polluted. Ret. Maj. Gen. David Ejoor aptly described the hopeless environmental and economic circumstances in which the indigenes of the Niger Delta find themselves:
They (youths) can't find work to do. Those who were fishing can no longer fish; those who are farming can no longer farm. They (youths) have also found out that their fathers can no longer look after them because of what government has done to their resources and the land. The whole of the place is messed up.
When we had our South-South/Middle Belt meeting in Port Harcourt, some of the people who came from Plateau State said they wanted to go round. Then, they were taken to Bayelsa State. When they got there, some of them were actually shedding tears when they saw the condition under which people live (Osinaike & Oyekunle, July 6, 2005).
In many parts of the Niger Delta, the difference between night and day has been reduced due to repeated gas flaring. As a result, both humans and animals are experiencing mental and medical problems. Nigeria, in bowing to the interests of the multinational oil companies, continues to change the target date for stopping gas flaring. Whenever the oil companies complain, Nigerian leaders quickly postpone the deadline. The last deadline to stop gas flaring was set for 2008. The deadline will be postponed again to some time in the future to make way for continuing gas flaring (Oduniyi, July 8, 2005). Unfortunately, the Petroleum Decree does not even allowed the victims of gas flaring to collect monetary damages for the biochemical hazards in which they are exposed to. The Federal Government claims all the damages. Basically, the Federal Government, through the Gas Re-Injection Decree, is telling the indigenes of the Niger Delta, "I am going to harm you with poison and destroy your land After harming you and destroying your lands, I will claim the damages for your suffering, not you."
15. False Technological Competency
The three decrees are contributing to the development of a false sense of competency among Nigerians who dominate the oil industry in the country. They seem to totally support national ownership on the ground that resource control should be vested in the national government because petroleum exploration is such a complex business and the citizens of the Niger Delta do not have the expertise to manage it. Olarenwaju Ajiboye wrote:
Oil project is too sophisticated a project and in its crude deposits, it does not
translate to wealth until those who have technical know how have processed
it. The bunch of criminals who are engaged in guerrilla tactics to undermine
the security of the country really do not know what to do with the oil and they
cannot be called upon to manage the resources (February 27, 2006).
One could recall that the same excuse was advanced by some Nigerians in the non-oil producing regions when indigenes of Akwa Ibom State protested over the lack of indigenous representation at the top management positions in Mobil, which is the largest oil company in the state. Those who defended outside domination of the management positions in the oil company stated that Akwa Ibomites did not have the management skills necessary to manage such a complex business. Angered, Akwa Ibomites pointed to their illustrious son, Dr. Clement Isong, who did a marvelous job at the Central Bank of Nigeria. Well, Ajiboye ignores the fact that after more than forty years, oil exploration in Nigeria is still largely carried out by multinational oil corporations. If the so called sophisticated technical experts in Nigeria were so proficient, why is it that multinational corporations continue to be the actual explorers of oil in Nigeria? If Nigeria depends on the multinational corporations, what stops the indigenes of the oil belt to also use the services of the multinational corporations? By the way, if the Nigerian managers of the oil business are so proficient, why is it that no Nigerian actually knows how much quantity of oil that is being produced daily? The National executive chairman of the Traditional Rulers of Oil Mineral Producing Communities (TROMPCON), Pere Charles E. Ayemi-Botu stated that when the chiefs met with Gen. Sani Abacha in 1998, he confessed that Nigeria did not really know how much oil was being produced. According to the king, Abacha stated:
that it will be surprising for us to hear ..He said that they (oil companies) came here to explore and exploit our oil, they are the people who tell us the production figure and that he, as the head of state and commander-in-chief, did not know whether it is the actual production figure is what they tell him" (Amize, April 10, 2005).
There is no doubt that Nigeria still does not know the quantity of oil that it produces daily, despite the claim being made by some Nigerians about the need for sophisticated technical expertise. Pere Ayemi-Botu says that it is very difficult to communicate the fact to President Obasanjo because he is too stubborn and does not listen (Ibid). Nigeria, therefore, depends totally on figures provided by the oil companies in determining the quantity of oil being produced daily in the country. What a mockery of technical competency?
16. The Double Standard in the Application of the Decree:
The Land Use Decree supposed to apply equally to all minerals found in the country. Nigeria has petroleum, gas, coal, columbite, gold, iron ore, lead, limestone, niobium, tin, and zinc. However, the Land Use Decree is only stringently applied to petroleum and gas. These two minerals are found in the Niger Delta. On the other hand, minerals found in other parts of the country are opened to individual exploration. This means that there is no national effort to nationalize the management of those resources. Consequently, ethnic groups in which such minerals are found in their territories can explore and make money out of the minerals. Thus, people in Modakeke, Ife, and Jos can freely explore gold and tin without incurring the wrath of the Federal Government. Nigerians from the non-oil producing regions do not scream stringently that coal, columbite, gold, iron, lead, limestone, nobium, tin, and zinc are national resources. They are not willing to declare war or send the security forces to teach the owners of the lands in which these minerals are found a lesson.
In the oil-producing region, the citizens cannot make any decision regarding oil or land or the environment. The decision is made in a far away Abuja. Those in Abuja have no concern for the destruction of the environment. The best way to explain the double-standard which exists in the management of Nigeria's mineral resources is to cite the Ife vs. Modakeke conflict. The Ife and Modakeke, according Ret. Maj. Gen. Ejoor, fought over sharing the revenue emanating from gold exploration in Modakeke. The Ife wanted to own the entire revenue and Modakeke demanded a share. To stop the two communities from fighting each other, President Olusegun Obasanjo, who engineered the enactment of the Land Use Decree while he was a military head of state, intervened and helped them to negotiate an end to the conflict. He basically allowed them to share the revenue. Throughout the gold conflict, President Obasanjo did not threaten to use force to stop the warring communities. He did not cite the Riot Act to stop them. He did not give them an ultimatum to stop fighting. He did not use the police to guide the gold mines and take them over. Gen. Ejoor narrated the story:
Let me draw your attention to something. The fight between Ife and Modakeke
was as a result of gold that is in Modakeke. While the Ooni of Ife say the gold
belonged to him, the Modakeke say they would like to share the gold. Obasanjo
had to go there when he became president in 1999 to resolve the crisis. After he
did that, I called Obasanjo and said: 'You have helped to stop the crisis between
Ife and Modakeke and the government has not taken over their gold the way you
have taken over our oil have you?' He said no (Osinaike & Oyegunle, July 6,
2005).
Yet, in the Niger Delta, the president does the opposite. The slightest altercation is followed by military deployment. Whole communities are occupied and trampled upon to make oil exploration secure for the multinational oil corporations. In the Niger Delta, the president does not hesitate to say that OIL and GAS are Nigerian PROPERTIES but not GOLD and TIN. By implication, the president and other power-wielders are saying that they have a right to use military might to expropriate resources in the Niger Delta.
The double standard is a major source of anger in the oil-producing zone because Nigerians in other zones are able to enjoy the financial fruits of the mineral resources in their territories while people in the Niger Delta cannot. Thus, it is understandable when Ejoor warned Nigeria:
All along, we have been checking our youths and we have been asking them not to be violent. But now that the other parts of the country don't want to listen to their fathers, the youths can launch a revolt. We will ask them to go ahead and stop the oil companies from operation and we will not be there to stop them (Ibid.).
18. Undue National Burden
The Land and Resources Use Decrees have compelled the oil-producing region to bear the greatest proportion of the national burden. For almost forty years, it is the only region that has sacrificed its interests in order to sustain Nigeria. In a country made up of thirty six states and more than 120 million people, everyone seems to depend on the Niger Delta and expects the people of the region to enslave and sacrifice themselves while others enjoy the fruits of their lands.
Not satisfied with the sacrifices being made by the indigenes of the region, Nigeria has stationed military forces there to occupy the people and infringe upon their natural rights.
19. The Final Solution
Due to the decrees and the total dependency on oil nationally, some Nigerians are beginning to advance the concept of the FINAL SOLUTION to the Niger Delta problem. They are saying that the ethnic groups in the Niger Delta, particularly the Ijaws, should be forced to settle in the Upper North so that the oil-producing region would become totally free for oil exploration. Most of the people who are advancing this point of view have never been to the Niger Delta. Most of them are not even comfortable being around water. So, how are they going to embark on their scheme? Nigerian troops stationed in the riverine areas of the Niger Delta know the difficulty of moving around in that part of the country.
20. Declaration of War
The three decrees are a declaration of war by other means. By implication, the power-wielders are saying to the indigenes of the oil-producing region, 'We are going to take the resource you have, whether you like it or not. We are not only going to take it, but we are going to take it to develop our regions and ignore your region. If you refuse to allow us to take it peacefully, we will send the army, navy, airforce, and the police to kill you and destroy your communities. Who do you think you are to challenge us?'
Generally, when a country relies on its military forces to occupy a section of its territory in order to enable mineral exploration to take place, that is indicative of the political fact that something is definitely wrong in the country. In response to the heavy-handed military approach, the youths of the oil-producing region are increasingly conceptualizing that 'if you are going to use force to take our resources, we are going to use force to stop you from taking our resources. If your security forces kill our people and destroy our communities, we will kill the security forces and destroy the properties of the oil companies in order to stop them from violating our rights.' Consequently, if Nigeria continues to make decisions concerning oil production and the distribution of the revenue based on the three decrees, it is going to meet fierce resistance, bordering on militant confrontation. In fact, the oil issue can break Nigeria up or turn it into Sudan which has spent most of its existence fighting wars. It is indeed, a serious threat to the national security of Nigeria.
Finally, the president recently acknowledged that Nigeria has not treated the Niger Delta well when he said:
From pre-independence till today, what we must admit is that efforts made have not fully addressed the issues or have not fully satisfied the challenges... The situation in the Niger Delta has been calling for attention since independence and different governments at different times have made attempts that have indicated that deaf ears have not been turned on issues of the Niger Delta (Lohor, April 6, 2006).
For this acknowledgement, the president must be congratulated. Nigerian leaders (both national and regional) rarely admit mistakes. However, the acknowledgement must be supported by practical deeds, in the form of national infrastructural development of the region. Consequently, the president's approval for the reconstruction of the East West Road is a step in the right direction, as Governor Peter Odili acknowledged when the Federal Minister of Works, Dr. Obafemi Anibaba, paid a courtesy call to the Rivers State (Iwori, April 7, 2006)
To develop the region, the Federal Government must go beyond symbolic demonstration of intention and be proactive. It should not view the Niger Delta Development Commission (NDDC) as the panacea for curing the entire regional developmental problems. The Federal Government needs to make its presence felt in the region by locating branches of the Federal Ministries of Works, Health, Transportation, Education etc. there. These ministries should be fully engaged in the infrastructural development of the region. In short, the Federal Government should treat the oil-producing region as part of Nigeria and not merely as a petroleum plantation. Similarly, the citizens of the region must be treated as Nigerians and not merely as colonial subjects of Nigeria. Otherwise, armed conflict is inevitable. To treat the region as part of Nigeria and the citizens as Nigerians, it must abrogate the intolerable Petroleum Act, Land Use Decree, and the Gas Re-Injection Decree with immediate effect. In this regard, the plan to downplay the Land Use Decree is welcomed.
References
Ajiboye, O. (February 27, 2006). Niger Delta militants: using an unjust approach to address a just cause. Nigeriaworld. 2/28/2006.
Amaize, E. (April 10, 2005). We know how oil firms rip off Nigeria but can't tell Obasanjo - Ayemi Botu. Vanguard. https://www.vanguardngr.com/articles/2002/politics/april05/10042005/p110042995.html. 4/11/2005.
Iwori, J. (April 7, 2006). Obasanjo approves reconstruction of East-West Road - Works Minister. This Day. https://www.thisdayonline.com/nview.php?id=44897. 4/7/2006.
Lohor, J. (April 6, 2006). Obasanjo: we have failed Niger Delta. This Day. https://www.thisdayonline.com/nview.php?id=44800. 4/7/2006.
Oduniyi, M. (July 8, 2006). Gas flaring may wave 2008 deadline. This Day. https://www.thisdayonline.com/nview.php?id=19539. 6/9/2005.
Odunlami, T. (January 23, 2006). Oily scandal-how Obasanjo and his cronies cheated Sao Tome and Principe. The NEWS/Saharareporters. Posted on [email protected] by The Town Crier. 1/25/2006.
Osinaike, G. & Oyegunle, J. (July 6, 2005). Major General David Ejoor's eye-opening statements. Vanguard. Posted on [email protected]. 7/6/2005.
Vanguard, (April 10, 2006). Iwu's confession. https://www.vanguardngr.com/articles/2002/editorial/ed10042006.html. 4/10/2006.
Waboke, E. (February 28, 2005). Against Use Decrees. Dawodu.com. https://www.dawodu.com/waboke1.htm. 4/10/2006.
