MISHAP IN THE NIGER DELTA BY ERIC TENIOLA

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In 2015, my friend, a retired federal Permanent Secretary, Dr. Goke Adegoroye from Akure Oloyemekun in Ondo state wrote a book titled “RESTORING GOOD GOVERNANCE IN NIGERIA”. The book is well researched and a guide to good governance in this country. Dr. Adegoroye was director general of Federal Environmental Protection Agency (FEPA) between 1996-1998). He became Director of Special Duties in the office of the Secretary to the Government of the Federation between 1999 and 2005. Dr Adegoroye was appointed Director General to head the bureau of civil service reforms by President Olusegun Obasanjo in 2005.
On page 219 of that book, he wrote “flowing from the argument above, it would also become necessary to take a second look at the Ministry of Niger Delta Affairs, in view of the mandate of the super-agency Niger Delta Development Commission (NDDC). The current situation in the North East of Nigeria makes it imperative to review the establishment of the ministry. Otherwise, are we going to create a similar ministry for the North East? Whatever the case, an agency to commence addressing the rehabilitation of the region appears to be something that we cannot run away from in the immediate term. However, it would be appropriate to recognize that, apart from the resource derivation angle of the Niger Delta region, the root causes of the issues in the two regions are related and derive from youth restiveness, which must be comprehensively addressed as a national issue”.
Nine years after the publication of Dr. Adegoroye’s book, the Ministry of Niger Delta was scrapped and renamed Ministry of Regional Development incorporating all regional development bodies such as North East, North West and other development commissions.
Details for the establishment of that Ministry are still being worked out.
The Ministry of Niger Delta Development was created in December 2008 by President Musa Umaru Yar’adua (16 August 1951- 5 May 2010). The pioneer minister of that Ministry was my late boss, Chief Ufot Ekaette (1939-2019), who served as Secretary of the Government of the Federation between 29 May 1999 – 28 May 2007.
In creating the Ministry at that time, President Yar’adua explained then that the Ministry would have a Minister in charge of the development of Niger Delta area, and a Minister of State in charge of youth empowerment. The existing Niger Delta Development Commission (NDDC) was to become a parastatal under the ministry. President Yar’Adua said that the Ministry would coordinate efforts to tackle the challenges of infrastructural development, environment protection and youth empowerment in the Niger Delta.
In November 2009, President Yar’Adua allocated N64bn to the Niger Delta ministry for its 2010 budget. Defending the proposed budget in December 2009 before the Senate Committee on Niger Delta, chaired by Senator James Manager, Obong Uffot Ekaette explained that the ministry had difficulties achieving targets in 2009 because the N19.5bn allocated for its projects was unevenly spread.
Chief Ekaette was from Ikot Edor, Onna Local Government Area, Akwa Ibom State and I served under him for eight years. He was an Ibibio and a hardworking public servant, the like of which are not common in the public service today. As they say, once in government, always in government. It may be by coincidence that Dr. Adegoroye’s suggestion is being implement by President Bola Ahmed Tinubu GCFR. I have toured many parts of Niger Delta. Any time I am in that region, I am full of pity. Pollution is not only destroying their lives but making lives unbearable. One needs to be there.
In most parts of Niger Delta, because of oil pollution and other environmental problems, you are only lucky to be above fifty.
Almost every Nigerian leader had attempted to ameliorate the problems of the people of Niger Delta.
The current President’s action could be interpreted to mean that there is nothing special about Niger Delta after all. That would be very unfortunate.
Before and after independence, Niger Delta has always been a special area. In fact, agitations from that region had always impacted on the government of Nigeria. As we all know in 1957, the minority question in the Eastern Region of Nigeria and other parts of the country came to the front burner and culminated in the appointment of the Willink’s Minority Commission by the British colonial government to enquire into the fears of the ethnic minorities and the means of allaying them. Although the commission did not recommend the creation of states as strongly advocated by the minority ethnic groups, especially the Ibibio, the Ijaws, the Calabars and the Urhobos it however, accepted the fact that genuine fear of domination existed among the minorities.
The sitting of the Commission was to demand for the creation of Calabar-Ogoja-Rivers (COR) State, in a bid to bring succor to the marginalized minorities.
At the 1957 Constitutional Conference held in London, the leaders of the COR State Movement held a private meeting with the British Secretary of State for the Colonies, Mr. Lennox Boyd. Also present at the meeting were, the then Governor-General of Nigeria, Sir James Robertson as well as the Governor of the Eastern Region of Nigeria, Sir John Stapledon. The Secretary of State for the Colonies assured the COR State advocates of the sympathy of the Colonial Office on the issue of the creation of states. Eventually, at the Conference, the decision to set up the Minorities’ Commission of Enquiry to look into the fears of the minorities and the means of allaying such fears, including the exercise of the creation of states, was reached.
Sir Henry Willink was named as the Chairman of the Commission. Other members of the Commission were, Gordon Hadow, Philip Mason, J.S. Shearer and K.J. Hilton who served as the Secretary. On the 26th of September, 1957, the Commission was inaugurated with the following terms of reference: 1. to ascertain the factors about the fears of minorities in any part of Nigeria and to propose means of allaying those fears, whether well or ill-founded; 2. to advise what safeguards should be included for the purpose in the constitution of Nigeria; 3. If, but only if, no other solution seems to the Commission to meet the case, then as a last resort to make detailed recommendations for the creation of one or more new states, and in that case: a) to specify the precise areas to be included in such state or states; b) to recommend the governmental and administrative structure most appropriate for it; and c) to assess whether any state recommended would be viable from an economic and administrative point of view and what the effect of its creation would be on the region or regions from which it would be created and on the federation. 4. to report its findings and recommendations to the Secretary of State for the Colonies. The Commission began its work in November 1957. Its sittings were held in all parts of the country and sat in Calabar for seven days in January 1958.
The COR State Memorandum to the Willink’s Commission in its memorandum to the Commission, defined the Calabar-Ogoja-Rivers (COR) area to embrace 15 administrative divisions, seven of which were located in the administrative province of Calabar, three in Ogoja and 5 in the Rivers Province. 1. Calabar Province – Abak, Calabar, Eket, Enyong, Ikot Ekpene Opobo (Ikot Abasi) and Uyo 2. Ogoja Province – Ikom, Obubra, Ogoja and Obudu 3. Rivers – Ahoda, Brass, Degema, Ogoni and Port Harcourt.
As a result of the Willink’s Commission report, the Federal Government refused to create states for the minority. Instead, the then Prime Minister Sir Abubakar Tafawa Balewa (December 1912 – 15 January 1966) created the Niger Development Board which was an acknowledgement of how important the Niger Delta was to Nigeria.
Section 159 of the 1963 Constitution states 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 shall be – (a) a person appointed by the President, who shall be Chairman; (b) a person appointed by the Governor of Eastern Nigeria; (c) a person appointed by the Governor of Mid-Western Nigeria; (d) such other person as may be appointed in such manner as may be prescribed by the Parliament to represent the inhabitants of the Niger Delta. (3) A member of the Board shall vacate his office in such circumstances as may be prescribed by Parliament. (4) The Board shall be responsible for advising the Government of the Federation and the Governments of Eastern Nigeria and Mid-Western Nigeria with respect to the physical development of the Niger Delta, and in order to discharge that responsibility the Board shall – (a) cause the Niger Delta to be surveyed in order to ascertain what measures are required to promote its physical development; (b) prepare schemes designed to promote the physical development of the Niger Delta; together with estimates of the cost of putting the schemes into effect; (c) submit to the Government of the Federation and the Government if Eastern Nigeria and Mid-Western Nigeria annual reports describing the work of the Board and the measures taken in pursuance of its advice. (5) Parliament may make such provision as it considers expedient for enabling the to discharge its functions under this section. (6) In this section, “the Niger Delta” means the area specified in the proclamation relating to the Board which was made on the twenty-six day of August, 1959. (7) This section shall cease to have effect on the first day of July, 1969 or such later date as may be prescribed by Parliament”.
In addition, the Balewa government created Mid-Western region out of Western region in June 1963. The region comprised Benin and Delta Provinces of the Western Region with Benin City as the capital.
On May 27, 1967, the then Head of State, General Yakubu Gowon (90) created Rivers State in the Niger Delta Region of Southern Nigeria and South Eastern State. The two states were created out of the old Eastern Region. General Gowon named Brigadier General Udukaha Jacob Esuene (1936-1993) from Eket as governor of South Eastern state. He also named Lieutenant Commander Alfred Papapreye Diete-Spiff (82) who was then twenty-five, as governor of Rivers state. No other Nigerian leader did anything for that region until General Ibrahim Babangida (83) GCFR created Akwa Ibom out of Cross River state on 23 September 1987. He then named my friend HOMEBOY, Brigadier General (rtd.) Jonathan Anene Tunde Ogbeha from Lokoja who was born on September 1, 1947 as the pioneer Military Governor of the state. General Babangida went further to create Delta state on August 27, 1991. He named Air Commodore (retired) Luke Chijuba Ochulo from Okpofe Ezinihitte Local Government Area in Mbaise in Imo state as governor.
On July 9, 1992, same General Babangida established Oil Mineral Producing Areas Development Commission (OMPADEC) through decree No 23. The objectives of the Commission shall be—
(a) to receive and administer the monthly sums from the allocation of the Federation Account in accordance with confirmed ratio of oil production in each State—
(i) for the rehabilitation and development of oil mineral producing areas, (ii) for tackling ecological problems that have arisen from the exploration of oil minerals; (b) to determine and identify, through the Commission and the respective oil mineral producing States, the actual oil mineral producing areas and embark on the development of projects properly agreed upon with the local communities of the oil mineral producing areas;
(c) to consult with the relevant Federal and State Government authorities on the control and effective methods of tackling the problem of oil pollution and spillages; (d) to liaise with the various oil companies on matters of pollution control (e) to obtain from the Nigerian National Petroleum Corporation the proper formula for actual oil mineral production of each State, Local Government Area and community and to ensure the fair and equitable distribution of projects, services and employment of personnel in accordance with recognised percentage production; (f) to consult to the Federal Government through the President, the State, Local Governments and oil mineral producing communities regarding projects, services and all other requirements relating to the special fund;
(g) to render annual returns to the President, Commander-in-chief of the Armed Forces and copy the State and Local Governments on all matters relating to the special fund; (h) to advise the Federal, State and Local Governments on all matters relating to the special fund; (i) to liaise with the oil producing companies regarding the proper number, location and other relevant data regarding oil mineral producing areas; and (j) to execute other works and perform such other functions which in the opinion of the Commission is geared towards the development of the oil mineral producing areas
(2) The sums received by the Commission under subsection (1) (a) of this section shall –
(a) be used for the rehabilitation and development of the oil mineral producing areas on the basis of the ratio of the oil produced in the particular State, Local Government Area or community and not on the basis of the dichotomy of on-shore or off-shore oil production and
(b) constitute a special fund which shall be maintained in an account with the branch of the Central Bank of Nigeria at Moscow Road, Port Harcourt
(1) The Commission shall consist of—(a) a Chairman;(b) one member to represent each of the oil mineral producing States, that is – (i) Rivers State, (ii) Delta State, (iii) Akwa-Ibom State, (iv) Imo State, (v) Edo State, (vi) Ondo State, (vii) Abia State and (viii) Cross River State.
On October 1, 1996, General Sani Abacha GCFR (20 September 1943 – 8 June 1998) created Bayelsa state out of Rivers state and named Yenagoa as the state capital. He also named my friend, Captain Phillip Oladipo Ayeni (1949-April 21, 2017) from Oke-Imesi in Ekiti state as the pioneer governor. On June 5, 2000, President Olusegun Obasanjo (87) GCFR established the Niger Delta Development Commission (NDDC).
The NDDC mandate is Formulation of policies and guidelines for the development of the Niger Delta area, conception, planning and implementation, in accordance with set rules and regulations, of projects and programs for sustainable development of the Niger Delta area in the field of transportation including roads, jetties and waterways, health, employment, industrialization, agriculture and fisheries, housing and urban development, water supply, electricity and telecommunications, Surveying the Niger Delta in order to ascertain measures necessary to promote its physical and socio-economic development, Preparing master plans and schemes designed to promote the physical development of the Niger Delta region and the estimation of the member states of the commission.
It also mandates the Implementation of all the measures approved for the development of the Niger Delta region by the Federal Government and the states of the commission, Identify factors inhibiting the development of the Niger Delta region and assisting the member states in the formulation and implementation of policies to ensure sound and efficient management of the resources of the Niger Delta region, Assessing and reporting on any project being funded or carried out in the region by oil and gas companies and any other company, including non-governmental organizations, as well as ensuring that funds released for such projects are properly utilized.
NDDC also has mandate in Tackling ecological and environmental problems that arise from the exploration of oil mineral in the Niger Delta region and advising the Federal Government and the member states on the prevention and control of oil spillages, gas flaring and environmental pollution, Liaising with the various oil mineral and gas prospecting and producing companies on all matters of pollution, prevention and control and Executing such other works and performing such other functions, which in the option of the commission are required for the sustainable development of the Niger Delta region and its people.
The people of that region owe a great debt of gratitude to President Umaru Musa Yar’adua GCFR who on June 25, 2009 established the Amnesty Programme to militants who directly or indirectly participated in militancy. President Yar’adua also sustained the NNDC and in addition as earlier mentioned created the Ministry of Niger Delta. He did a lot for that region. Not only because it is the hen that lay the golden eggs for the country but because of the plight of the people of that region. President Yar’adua named Air Vice Marshal(retired) Lucky Ochuko Ararile (70), the Ovie of Umiaghwa-Abraka Kingdom in Ethiope-East Local Government Area of Delta State as the pioneer coordinator of the programme.
The scrapping of the Niger Delta is a big setback.
In the struggle for full emancipation of the Niger Delta, several men and women were in the fore front. They include Major Isaac Jasper Adaka Boro (10 September 1938 – 9 May 1968), known as “Boro”, Ken Saro Wiwa (10 October 1941- 10 November 1995), Dr. Okoi Arikpo (20 September 1916 – 26 October 1995), Sir Egbert Udo Udoma, KBE, (21 June 1917 – 2 February 1998), John Togo, Chief Wenike Opurum Briggs (10 March 1918 – 21 April 1987), Chief Eyo Ita Esua (14 January 1901 – 6 December 1973), Obong Victor Bassey Attah (86), late Captain Samuel Timinipre Owonaro (Rtd), Nottingham Dick, Chief Harold Dappa-Biriye (1920-2005), Government Oweizide Ekpemupolo (born 1971), Chief (Dr) Edwin Kiagbodo Clark (97), Asari Dokubo, Jaja of Opobo, Nana Oadelomu (1852–1916), Henry Okah (65), Ateke Tom(60), Farah Dagogo(42), Soboma George, John Togo, Solomon Ndigbara and many others.
Between February 20, 1966 and March 7, 1966, at Yenogoa in the Port Harcourt Judicial Division, Isaac Jasper Adaka Boro, Samuel Timipre Owonaru and Nottingham Dick appeared before Justice John Aniemeka Phil-Ebosie from Anambra state, for treason, contrary to section 37 (1) of the Criminal Code (Federation). The same Justice Phil-Ebosie later became Justice of the Federal Court of Appeal.
The case was retried on December 5, 1966 in the Supreme Court with the then Chief Justice of the Federation, Sir Adetokunbo Adegboyega Ademola (1 February 1906-29 January 1993), Justice Charles Dadi Omeha Onyeama(26 April 1916- 5 September, 1999) and Justice George Baptist Ayoola Coker (27 January 1917-7 February 1981), presiding.
By Section 108 of the Electoral Decree 1977, the fourth Chief Justice of the Federation, Hon. Justice Darnley Arthur Alexander GCON, named Justice Ebosie along with Justice S.J. Ete and Justice Alkali Alhaji Abubakar as a member of the Gongola state electoral tribunal on July 2, 1979.
In 1982, Justice Phil-Ebosie was awarded the Commander of the Order of the Niger by President Aliyu Usman Shehu Shagari GCFR.
Before pronouncing judgment on June 21, 1966, Justice Phil-Ebosie requested Adaka Boro to make his speech, he said “Today is a great day’ not only in your lives, but also in the history of the Niger Delta. Perhaps, it will be the greatest day for a long time. This is not because we are going to bring the heaven down, but because we are going to demonstrate to the world what and how we feel about oppression….Remember your 70 year old grandmother who still farms to eat, remember too, your petroleum which is being pumped out daily from your veins, and then fight forever your freedom”. My people “had long sought a separate state, not because they loved power but because their conditions were peculiar and the authorities did not understand their problems. There is nothing wrong with Nigeria. What is wrong is the total lack of mercy in our activities”.
I think Major Adaka Boro was right afterall. We don’t understand the people of Niger Delta. We tend to judge the people of that region by the bluff, blusters, lifestyle, threats and uncoordinated efforts of some their leaders. We assumed that since we made one of them, Goodluck Ebele Jonathan (67) who served as President between 9 February, 2010 and 29 May, 2015, that we have found solutions to their problems. Not at all. A lot of mystery has enveloped that region. Real distress. The page is not turning there.
Real suffering is still going on in that region. Very terrible suffering.
If we are to go with the argument that the huge budgetary allocations to the Niger Delta Ministry, the Amnesty Programme and the NDDC can’t be justified then there is no Ministry or agency in the centre, that can escape the hammer.
By Presidential fiat, President Muhammadu Buhari on August 21,2019 established the Federal Ministry of Humanitarian Affairs, Disaster Management and Social Development. He then put the following Agencies under the Ministry. National Commission for Refugees, Migrants, and Internally Displaced Persons, North-East Development Commission (NEDC), National Emergency Management Agency, National Agency for Prohibition and Trafficking in Persons (NAPTIP), National Senior Citizens Centre and National Commission for Person with Disabilities.
The impact of that Ministry has not been fully felt in most parts of the country. All we read about of the Ministry are scandals upon scandals of high proportion.
On October 23, President Bola Ahmed Tinubu GCFR established the Ministry of Livestock Development by a fiat. The same government that scrapped the Ministry of Niger Delta, the area that produces the goose that lay the golden eggs, has not only sustained the Ministry of Humanitarian Affairs, Disaster Management and Social Development but has established the Ministry of Livestock Development.
It is very complex understanding the government these days.