The international President of a non governmental organization, “The Community Watch of Nigeria” Chief Samingo Etukakpan over the weekend bare his mind on issues bordering on the legal battle between him and President Buhari.
He spoke extensively on conflicts in the Niger-Delta, environmental issues, history of OMPADEC, history of NDDC and the content of the NDDC establishment act, history of the Ministry of Niger Delta and other issues concerning the region and why Eket LGA deserve appointment as an Executive Director of the NDDC.
Going memory lane, the Community Watch Leader started with the history of some oil commissions establish by the various Government cater for well-being of the Oil producing communities in Nigeria.
He stated that on June 25, 1992, General Babangida established the Oil Mineral Producing Areas Development Commission, OMPADEC. On July 9, 1992, General Babangida signed into law the OMPADEC Decree.
In establishing OMPADEC, General Babangida took a cue from Section 159 of the 1963 Constitution of the Federal Republic of Nigeria. From 1966 till 1992 nothing was done by the Federal Government to cater for the plight of the people from Niger Delta region.
Section 159 of the 1963 Constitution of the Federal Republic of Nigeria had stated that –
(1) There shall be a board for the Niger Delta which shall be styled the Niger Delta Development Board.
(2) The members of the Board were to be a person appointed by the President, who shall be chairman.
Changing tide for the Niger Delta,
ALMOST every Nigerian leader, has attempted to solve the problems of the Niger Delta region. Some did by establishing bodies to ameliorate the problems of the region while some created more states for the region.
These attempts may not have been satisfactory to the people of the region though, but that is not to say that the leaders did not tried at all.
Sometimes violent confrontation with the state and oil companies, as well as with other communities had constrained oil production as disaffected youth or organisations deliberately disrupt oil operations in attempts to effect change. These disruptions have been extremely costly to the Nigerian oil industry, and both the multinationals and the federal government have vested interests in permitting uninterrupted extraction operations; the NDDC is a result of these concerns and is an attempt to satisfy the demands of the Niger Delta population.
As a follow-up, in the year 2000 the Niger Delta Development Commission (NDDC), a Federal Government agency was established by President Olusegun Obasanjo with the sole mandate of developing the oil-rich Niger Delta region of Nigeria .
On 10th September 2008, President Umaru Yar’Adua announced the formation of a Niger Delta Ministry , with the Niger Delta Development Commission to become a parastatal under the ministry. One of the core mandates of the Commission is to train and educate the youths of the oil rich Niger Delta regions to curb hostilities and militancy, while developing key infrastructure to promote diversification and productivity. The Niger Delta Region comprise of Abia, Akwa Ibom, Bayelsa, Cross River, Delta, Edo, Imo, Ondo and Rivers States. Actual operation commenced in February, 2009, after the appointment of two Honourable Ministers and the posting of a Permanent Secretary with complement of a few Senior Staff.
The establishment of a Ministry to handle the development of the Niger Delta Region is another attempt by the Government to solve the development issues and challenges, including the perceived sense of exclusion, poverty, environmental degradation, and unemployment in the Region.
Prior to the creation of the Ministry, Government had taken many intervention measures, such as the establishment of Niger Delta Development Board of 1960, the Presidential Task Force on 1.5% Derivation which was set up between 1979 and 1983, the Oil Minerals Areas Producing Development Commission (OMPADEC) of 1992 and the Niger Delta Development Commission (NDDC) which was created in 2000 by an Act of Parliament. Unfortunately, these Agencies could not fully deliver the expected results, hence the establishment of the Ministry as a coordinating vehicle to drive the development process of the Region.
Chief Samingo Etukakpan highlighted some areas of the Act flawed by President Muhammadu Buhari and why he took the President to Court.
1. GAS FLARING: In Nigeria’s Niger Delta, gas flares are killing crops, polluting water and damaging human health. The Nigerian government has promised to tackle the problem — but new data shows flaring has even gone up.
Flames as tall as 10-storey buildings burn day and night in the village of Ebedei, in Nigeria’s Niger Delta. But the heat from these fires is neither soft nor warm, it’s fierce and prickly.
The constant noise sends wild animals fleeing, and people must shout to be heard over the roaring flames. Fields of crops, once green, have turned yellow or stopped growing entirely. The village no longer enjoys the respite of cool or darkness of night.
In the oil-rich Niger Delta of southern Nigeria, 2 million people live within 4 kilometers (2.5 miles) of a gas flare. Below the flames, oil is being extracted. With the oil comes gas — considered by the oil industry to be a dangerous waste product to burned off in a process called gas flaring. And this flaring is on the rise again, despite promises to reduce it.
Why should the compensation be paid to the Federal Government, instead of the affected communities ?
2. ROTATION OF APPOINTMENT: The office of the Chairman shall rotate amongst the member states of the Commission in the following alphabetical order.
(a) Abia State;
(b) Akwa-Ibom State;
(c) Bayelsa State;
(d) Cross-River State;
(e) Delta State;
(f) Edo State;
(g) Imo State;
(h) Ondo State; and
(i) Rivers State,
But instead of appointing someone from Delta State, he fast forwarded it to Edo state, thereby altering the sequence of appointment.
3. NON COMPLIANCE WITH THE ACT: He cited the Niger-Delta Development Commission (Establishment etc) Act 2000 Act No 6, part 3, the structure of the Commission as another flaw by President Buhari.
“There shall be established in the head office of the Commission, the following Directorates headed by eleven (11) Executive Directors who would be reporting to the Managing Director.”
(i) Executive Director, Administration and Human Resources,
(ii) Executive Director, Community and Rural Development,
(iii) Executive Director, Utilities Infrastructural Development and Waterways,
(iv) Executive Director, Environmental Protection and Control,
(v) Executive Director, Finance and Supply;
(vi) Executive Director, Agriculture and Fisheries
(vii) Executive Director, Planning, Research, Statistics and Management Information System;
(viii) Executive Director, Legal Services
(ix) Executive Director, Education, Health and Social Services;
(x) Executive Director, Commercial and Industrial Development, and
(xi) Executive Director, Projects Monitoring and Supervision.
But instead of appointing the complete board members to foresee the various departments , the reverse is the case.
Moreover, he added that out of the four (4) local government areas in Eket Federal Constituency, where the highest Oil production take place in Akwa Ibom state, Ibeno, Onna and Esit Eket have occupied the position of Executive Director except Eket LGA.
He finally added that the Board, with the approval of the President, Commander-in-Chief of the Armed Forces of the Federal Republic of Nigeria can increase the number of directorates as it may deem necessary and expedient to facilitate the realisation of the objectives of the Commission.
But how soon Eket LGA will take her position as an Executive Director in the NDDC Board is what some petroleum economists, political book makers, development forecasters and predictors are trying to figure the way forward.