•Govt pays below 10% instead of 13 % to oil states

•Oil coys contribute 2% rather than 3% to NDDC

•Concerned lawyers to sue govt over PIA

By Festus Ahon

CONSTITUTIONAL lawyer and human rights activist, Dr. Akpor Mudiaga-Odje, is one of the intellectual militants of the oil-rich Niger Delta.

In this interview, Mudiaga-Odje, who is the facilitator of Niger Delta Democratic Union, NDDU, speaks on the controversial Petroleum Industry Act, PIA, insecurity, in the country other burning national issues. Excerpts:

What is your take on the Petroleum Industry Act?

Indeed for me and a vast majority of the people of the Niger Delta as well as sympathetic stakeholders from outside the region, we are not happy by any measure, especially regarding the highly microscopic and infinitesimal three per cent allotted and/or allocated as the oil-producing communities’ equity under this controversial legislation.

In retrospect, we had all along, agitated for at least 10 per cent of this equity for the oil-producing communities. Even though the purview of the present three per cent is wider in the sense that it is three per cent of operational costs, rather than profits, it is still too little and too late if we add that cliché for emphasis and accentuation.

The oil-producing communities, subject to the expropriators law, that is Land Use Act, are the owners of the lands wherein these explorations are being carried out even from offshore.

The environmental bombardment, together with the severe environmental hazards associated with the activities of oil exploration, is felt directly by us.

These considerations above ought to have informed the Petroleum Industry Act, PIA, to incorporate at least 10 per cent and not three per cent equity share for our people. If the Constitution under provision 1 to Section 162(2) thereof can set aside, not less than 13 per cent to oil-producing states, why can the PIA not give at least 10 per cent to oil-producing communities?

In this connection, we respectfully reject this provision as well as the 30 per cent profit of the NNPC set aside for frontier exploration. The frontier exploration should be reduced to 10 per cent, whilst the equity participation for oil-producing communities is pegged at 10 per cent for the now.

We urge the National Assembly to revisit this grave injustice and set up an immediate process for the amendment of these provisions to reflect the groundswell of opinion, agitations, equity and good conscience.

The ultimate goal as the progressive Nigerian Bar Association, NBA, has recommended, is to approach the Court to ventilate our grievances with this Petroleum Industry Act.

The Federal government has delayed its promise to inaugurate a substantive Board for the NDDC thus far, what’s your position?

We are still watching with paralyzing suspicion the controversies as well as the vacillation and oscillation of the Federal Government as reflected by the Minister of Niger Delta Affairs, Senator Godswill Akpabio on the constitution of a substantive Board for the NDDC.

First, it was a forensic audit and now it is waiting for Mr. President’s perusal and necessary action. This series of bureaucratic shenanigans has not and will not help matters at all. In the first place, there is no provision in the NDDC Act 2000 for a Sole Administrator to superintend over the affairs of NDDC. This is patently unconstitutional.

If you look carefully, you will observe that since the second wave of Mr. President’s tenure, the South-South has been the most peaceful and stable region in the country. In retrospect, it was the most volatile region because of this kind of injustice meted to us by past governments.

The region is the highest revenue supplier and as such, ought to be pampered and justly treated by the Nigerian State. We, accordingly, request that Mr. President directs the swearing-in of the November 2019 already screened board of the NDDC by the Minister.

Policy breaches by government and oil companies

It is axiomatic, even the blind and deaf can feel it that the Federal Government has not done any significant development in the region for a while. The East-West road is a shameful example of this dereliction of the region. Just look at that road from whence the wealth of the nation comes from.

In point of fact, under Section 14 of the NDDC Act 2000, the Federal Government ought to contribute 15 per cent of the allocation to the hitherto nine oil-producing states to the Commission. However, up to date, the Federal Government is contributing 10 per cent with the shortfall now amounting to several billions of naira.

As if that is not enough, the oil companies to are paying two per cent instead of three per cent of their budget to the Commission with the one per cent shortfall amounting to billions of US dollars. Interestingly, the minister for Niger Delta has just recently informed us that the oil multinationals owe the NDDC $4 billion in their statutory contributions.

Even the payment of 13 per cent derivation to the oil-producing states is not 13 per cent. This is because the Federal Government is not paying 13 per cent derivation on excess crude oil revenue, which is also supposed to be revenue for the purpose of payment of 13 per cent derivations. It pays only 13 per cent of the budget benchmark price of the crude oil and that translates to less than even 10 per cent and thus unconstitutional.

These are some of the deliberate state practices and policies that have seriously underdeveloped our region. The oil-producing communities have been in a state of perpetual arrested development and pandemic poverty. As you navigate the precincts of the region, you will see them defecating from the bridges into the filthy and postulated rivers of the Niger Delta.

IOCs should relocate

We urgently need government policies to reverse this ugly trend. The first policy is for Federal Government to order the relocation of the headquarters of all International Oil Companies, IOCs, to their areas of operations, especially in the hinterlands. If this is done, there will be immediate development, as the IOCs will build infrastructures, bridges, schools, hospitals, to accommodate their interests, whilst unwittingly developing the region.

The Minister of Petroleum has hinted that he has extracted an undertaking from these IOCs to relocate their headquarters accordingly.  

Criminality takes over rule of law.

The security situation in Nigeria today is simply frightening. The nation is boiling and seriously volatile. There is palpable fear and deep anxiety as well as apprehension in the country.

Travelling is no longer a leisure or exciting enterprise anymore. To travel, especially by land, one has to plot his chart carefully, navigating through potential dangerous routes with prayer-filled mind and tension.

READ ALSO: NDDC: Get Buhari to inaugurate Board, group tells Akpabio

Why must the citizen be put every day under this very chaotic mental and physical bondage? From the North to the South, it’s been a galaxy of violent related offences.

In addition to this internal implosion on security is the external war against invaders, Boko Haram and now, herders. Too many lives have been wasted and several properties destroyed. From students to teachers all kidnapped on a daily basis, there is now a mutual suspicion between minority and majority ethnic groupings in Nigeria. From Kaduna to Zamfara, Plateau to Taraba, Benue to Sokoto and from Adamawa to the epicenter Borno, it has been a sad cocktail of arson, murder, rape, if not genocide.

The South East is completely submerged in this tragedy. Imo state is regrettably the epicenter to Ebonyi and parts of Anambra are also imploded. Ironically, the hitherto epicenter of violence, the South/South has remained relatively peaceful by God’s grace and we pray federal government’s policies in oil and gas sectors do not inflame this region to become also intensely restive.

Open grazing is outdated

I strongly believe that the Federal Government, as exemplified by Mr. President, should muster the requisite courage to tackle these herders first, thereafter, Boko Haram and banditry. We need both local and international support for this purpose.

Open grazing should be outlawed. Herders who rape, kidnap and kill should be arrested and prosecuted to conviction. Mr. President must engage all the governors of the affected states to see how they can join forces on this issue regardless of party affiliation.

I commend the Southern governors for their initiative to institute laws against open grazing, it is instructive, constructive and decisive. Open grazing is outdated and unhealthy in any civilized society, including Nigeria. The governors must liaise with their respective Houses of Assembly to do the needful immediately by outlawing open grazing and setting out conditions upon which these herders can operate in their States in accordance with decency, peace, law and order.

There has been agitation for secession by some ethnic nationalities in the country, do you subscribe to it?

The governor Deltans want

Notwithstanding the above, Deltans want as well as earnestly yearn and indeed deserve a Governor that will be responsible, sensitive, a statesman and well-educated person that can lead us reasonably to harness the vast resources and potentials of this great State.

A man or woman that will pay pensioners regularly and promptly, develop the entire state properly, fund DESOPADEC and our oil-producing communities, pay teachers regularly, fund the hospitals, create small scale industries, favourable loan schemes for the people, fund our educational sector, create wealth and jobs, strengthen security architecture, enhance our oil and gas resources, uplift the civil service, self-account the judiciary, especially capital development of the judiciary, resuscitate ailing industries, support and equip the police, ban open grazing in conjunction with the state House of Assembly, review Delta state laws, build recreational facilities, go back to agriculture, offer bursary and scholarship to deserving students, build industries, join to revive our ports, uphold traditional institutions, balance and promote religious activities, augmenting the sporting sector, build bridges, roads and infrastructures, fight corruption and abuse of office.

APC has no known zoning arrangement Delta

As for the All Progressives Congress, APC, the party has not informed the public of any arrangement like the PDP regarding zoning of governorship office in Delta state. And as such, it would seem to clearly suggest that all are entitled as of right to contest for the seat of the governorship of Delta state, with the best person to be nominated by primaries, rather than zoning by the party.

Similarly, other political parties in the state have not also come out with any zoning arrangement for the governorship seat of Delta state, and as such, they are equally expected to nominate the best person through primaries rather than zoning.

Vanguard News Nigeria