CommonsenseXpress: Leadership and Motivations in Power*: Nigeria is at War: We Must Stand Up and Support Ou...

CommonsenseXpress: Leadership and Motivations in Power*: Nigeria is at War: We Must Stand Up and Support Ou...: The time has come for all of us to put our political and tribal  differences aside, and put our patriotism on full display in support of o...

Nigeria is at War: We Must Stand Up and Support Our President.

Introduction!

As the call of the time, it is urgent and reasonably imperative that all of us Nigerians, put our political, regional, or tribal differences aside, and put our patriotic fervor on full display in support of our President and our men and women in uniform in order to ensure the full realization of the purpose and intent of the state of emergence now in full force in some part of the country. We must stand in unison, and support, without reservation, the interim emergency regime and the ongoing military engagement put in place to liberate the people of Borno, Adamawa, and Yobe States from the stranglehold of Boko Haram – a religious sect that neither value human life nor appreciate the virtues of religious tolerance.

In spite of everything, I wholeheartedly empathize with the sect for the death of their leader, Mohammed Yusuf, while he was in Police custody. Unresolved as the circumstances surrounding his death may be, what is not in doubt is the fact that two wrongs don’t make a right. As things stand today, there is no justification, legal or ethical, moral, conventional or customary, to explain the wanton brutality and gruesome deaths visited on institutions, places of worship, innocent villagers and city dwellers by the Boko Haram sect and their affiliates in the northern part of Nigerian in the past three years.

The massive and sophisticated scale of attacks, the bestiality and depravity inherent in their executions, surpassed the constitutional standard of ‘clear and present danger’ or ‘complete breakdown of law and order’ required to elicit and validate declaration of state of emergency by a sitting President. Given the terrible circumstances of the moment, President Jonathan, acted within the limits of his constitutional power as the Chief Executive of the Armed Forces and President of the Federal Republic of Nigeria by declaring a state of emergency in the affected states. Adding to that, leaving intact as he did, the Executive Governors and their respective State Houses of Assembly to continue in office, was in good faith and in consonance with democratic trends. 

Reclaiming Our Democratic Values and Rights Inherent in Sovereign Citizenship!

Few years ago, Nigerians at home and abroad were regarded by international news media as the happiest people on earth. Not anymore. In recent times, peace has eluded us in a scale unprecedented in the history of our creation as a nation-state. Kidnapping for ransom is now one of the most lucrative professions in the East and in the South-South regions of Nigeria. In the Middle Belt and in the southern part of Kaduna, counting cadavers has become a daily routine, while Nigerians watch helplessly. In and around Borno State, it is a different, but harrowing, a story. The once metropolitan Maiduguri is now in total ruin. The whole state is under siege and in desolation.

As I write, more than half of the territory of the state - a state that is part of Nigerian territorial sovereignty - is under the occupation of Boko Haram. Sadly, our citizens in the occupied enclaves are not only exposed to religious genocide, but are being subjected to laws that are grossly incongruous with democratic values, and at the same time, patently inconsistent with rights inherent in the sovereign status that we achieved on October 1, 1960. 

Those rights and democratic values - traditionally and constitutionally inviolate - are currently under siege with the illegal occupation of Borno State and substantial part of the northern region by the Boko Haram sect. Thus, the intervention is understandable. The overwhelming desire to reclaim that stolen joy, that pride of the Borno people, the democratic values and sovereign rights presently held hostage, prompted President Jonathan and his administration to declare a state of emergency in the affected states. Sending armed forces to the troubled spots is collateral to the emergency regime.

I am tired of seeing pictures of dead Police officers, lying lifeless, with little or no concern from Nigerians as if they were animals or intruders from a different planet. They were once our brothers, sisters, fathers, mothers, aunts, uncles, nieces, nephews, or cousins.  They were once human. Out of the Police uniforms, they were just like you and I. The murdered Police Officers were not making demands for bribe or asking "weytin dey your boot", "weytin you carry" or "wey your papers." They simply wanted to ensure peace and order. 

I am tired of seeing pictures of innocent women and children, murdered in their sleep, for a senseless struggle they knew nothing about. I am tired of seeing villages, once reputed for husbandry or thriving fishing trade now completely overwhelmed or dismantled under the pursuit and influence of a belief system that care less about economic emancipation or enhanced standard of living. 

I am tired of seeing a once vibrant and welcoming city, reputed as the epic center of the famous Kanem-Bornu Empire, now in a state of anomie - in ruin and deserted. That Empire, that vast geographical landscape is now at war with itself - at war with civilization, at war with tolerance, at war with peaceful co-existence and at war with everything that their worthy son, Idris Alooma, labored relentlessly, through war, commerce and diplomacy, to build to international standard. This is not the time to cast blame; it is time to reclaim the lost territory and restore peace in the land.

Analysis! 

As a reasonable, objective and well-informed observer/Nigerian, I do not know what else the President would have done in the circumstance. First, he yielded to the demands of the northern elders and made one of their own, Sambo Dasuki, a fine and distinguished retired Military Officer, his Security Adviser. Then he agreed to dialogue with leadership of the sect; and contrary to all expectations, he dangled offer of amnesty before the sect and their sponsors. Yet, nothing could avail them to disarm. Must we then fold our arms, keep silent in the face of stolen joy and senseless killings as if we are going to experience resurrection of the dead tomorrow? Life has no duplicate. The dead are gone forever. You may resent President Jonathan, if you want, but you cannot afford to trade places with the bereaved.

From all indications, our President did the right thing; not doing anything would have given the sect added impetus to expand their territorial reaches. Not taking action would have given other groups new energy to further their sectarian objectives, believing of course, that there is amnesty and money awaiting those who kill and maim in the name of religion. Not taking action would have given the opposition parties and the incoherent online commentators credible talking points to push his ouster or impeachment campaign. Above all, not taking action would have succeeded in placing the people in the affected states in more perilous a situation than they have ever experienced since the inception of the insurgency.

At this juncture, I would like to add that (you might be reading this school of thought here for the first time) there is nothing President Jonathan did that is inconsistent with the current trends in the global war against terrorism. Presently, it is more about taking the fight to the terrorist haven relentlessly and with devastating effect - placing the terrorists on the defensive and disorganizing them in the process. The Western Powers, under the leadership of President Obama, have long discarded the preemption doctrine of old. They have gone beyond that. The moment you start propagating terrorist philosophy in your bedroom or on YouTube, or inciting hatred and violence towards America and its allies, you have already crossed the threshold of an enemy combatant. That is a declaration of war, and as long as you live, you will no longer sleep or have peace. In other words, the pikin wey say im Mama no go sleep, im too, no go sleep. So, taking the fight to Boko Haram's enclaves as directed by the President, places the sect on the defensive, thus making it more difficult for them to organize and continue their killing campaign and their forceful indoctrination crusade as in the past. It is the right course of action, though coming too late. 

Moving Forward!

As Professor Wole Soyinka would say, “the man dies in all who keep silent in the face of tyranny.” If the Borno occupation by the sect is not a tyranny, I wonder what it is. Therefore, all of us must stand with the President and support our Military in their collective commitment to liberate the supposedly free people of southern Kaduna, Plateau, Borno, Yobe, and of Adamawa State from the siege and grip of the Boko Haram sect. The President cannot afford to do less, and as a free people of a sovereign nation-state, we cannot afford do less, either. We should not give room to partisan political expediency or the open hatred of President Jonathan to cloud our sense of judgment, pretending that all is well. All is not well. Members of the opposition parties have every right to argue for alternatives measures that are blatantly rickety, jejune, and unrealistic, but at this point in time, they need to stand with the President and support our men and women in uniform. 

The merchants want to go back to their stalls and market their wares. The peasants want to go back to their land and do what they do best - till the soil and grow crops. Students want to go back to class-rooms, feeling protected. Night crawlers want to hang out at their favorite rendezvous under the moon light - reveling on their pepper soup, drinking their beer, watching European Soccer and forgetting all the troubles in the world. Those who congregate at places of worship, taking their troubles before God and Allah, must be able to do so, with little or no apprehension that a Bike rider is on his way or around the corner or hiding somewhere to lob IED on them. This is a perilous time, Nigerians – a time we cannot allow to continue. We must stand with the President and support our men and women in uniform in their ongoing sacrifice to restore peace throughout the troubled land. It is a worthy and patriotic endeavor deserving of our infinite support.

May God Bless Nigeria and may God Bless the good people of Nigeria.

Inspirational Prayer of the Day

My God, help me surrender my past to you so I can receive the future you have planned for me. Amen

Soludo's Solution Of Anger And Innuendo By Nasir El Rufai | Sahara Reporters

Soludo's Solution Of Anger And Innuendo By Nasir El Rufai | Sahara Reporters  -   

The article attached above is Mr. El'Rufai's response to Professor Soludo's take on his (El'Rufai) Book - "The accidental Public Servant." We post both articles here for your convenience. 

I bought a copy of the book, and it was an interesting read. I can see where Professor Soludo is coming from - the picture of him painted in the book was like that of a graduate student making a transition to the work force straight from the academics - fighting to "belong" and laboring to blend to the corporate word. The cuts, to say the least, were patently unkind and too condescending. For instance, somewhere in the book, Mr. El'Rufai alluded to the fact that Professor Soludo was always wearing expensive suits and red ties to meetings - not in a complimentary tone though, but as if the Professor was out of touch. I find his tone in that part of the book, disparaging, offensive, and unsophisticated. Given the fact that Mr. El'Rufai, is an Ivy Leaguer, who, no doubt, is very familiar or ought to be familiar with the trends on Wall Street and the Brooks Brothers phenomenon/culture, should have known better.  It's all about the look, the first appearance, before the handshake.

Be that as it may, both guys, using the book as a benchmark, are good at what they do, and I have no doubt in my mind that each of them, given the opportunity, would make a good President - way better than what we have had since independence.  As regards the feud between the two gentlemen, my sympathy goes to Professor Soludo, again, using the book as a guide. I will give a detail review of the book in few months; hopefully, the Professor’s memoir would be out by then.

Disclosure: 
I am an admirer of El'Rufai. I have, on several instances on this Blog, stated categorically that Mr. El'Rufai, is a Presidential Material. Though my opinion of him - based exclusively on the contents of his book - has changed, my view of him as a gifted leader, remains the same.  He knows the essence of power and how to sue it to achieve further goals. For instance, when Obasanjo and his administration set up the EFCC, they did not provide budget for funding, accommodation, or personnel for the new crime fighting boss - Nuhu Ribadu. According to Mr. El'Rufai, he has to interpret certain sections or clauses in the law setting up his own Bureau of Public Enterprise, to be able to arrange for initial funding (loan), an office space inside BPE building, and couple of staffs for Mr Nuhu Ribadu to start with. He didn't say Ol'boy, I for help you-oo, but "my hands are tied." That's my definition of leadership - ability to make the system works, without regard to whose ox is being gored. So far, no one has disputed that part of the book. So, I take it to be true.

Nasir el-Rufai’s Book as Intellectual Fraud?, Articles | THISDAY LIVE

Nasir el-Rufai’s Book as Intellectual Fraud?, Articles | THISDAY LIVE

Written by Professor Soludo, reacting to Mr. El'Rufia's Book - "The Accidental Civil Servant." 

CommonsenseXpress: Leadership and Motivations in Power*: Straight Talk: Of Boko Haram, Amnesty, and Egalita...

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Why Foreign Investors Shun Nigeria’s Solid Minerals

I NEED A PARTNER:

"The successful lawyer is not necessarily the one who memorizes the greatest number of principles of law. On the contrary, the successful lawyer is the one who knows where to find a principle of law, plus a variety of opinions supporting that principle which fit the immediate needs of a given case. In other words, the successful lawyer is he who knows where to find the law he wants when he needs it. This principle applies, with equal force, to the affairs of industry and business" - A Great Teacher

Preamble.

Most often, I have been asked, if I have ten to fifteen years of experience working in energy sector, and as always, I would reply "less than five years." And that would, as always, be the end of the interview. If you think I deserve a phone call from you for an Executive position (Vice President or Director) based on, as they often say, "the uniqueness of your academic background", why would extraneous conditions be a deal breaker? Indeed, experience does matter, so is quality education.  If you, in your right mind and acting on instinct, conclude that I am an Executive Level Material or worth the position of a Director or Vice President based on my academic qualifications, clarity of thoughts, effective communication skills, drive and sense of purpose, again, why would eligibility not given effect strictly on those attributes that you alluded to, that in fact, prompted you to contact me in the first place? My original goal in life has always been about leadership and concept management - providing training, motivation, and professional development for workers with a view to improving performance and productivity. I would like to add at this juncture that in the few instances where leadership opportunities came my way - from being the Mail Boy at my Elementary School, to being the Acting Food/Dining Hall Prefect in my Grammar School days, or as the Editor-In-Chief of Conference Papers at a Consulting Firm during my first year in University, and as Secretary of the Edo State Bar Students Association at the Nigerian Law School, in Lagos, Nigeria - I brought more awareness, creative touch, relevance and energy into those positions/offices and broadened them beyond the usual or scope of reference to accomplish much more. In consideration of the goal I set for myself, I went to Law School to be able to make a fresh start on my own, without cap in hand haggling for unavailable jobs. The more reason I went to Harvard to study Administration and Management, not to seek paid employment after graduation, but with a view to gaining competitive edge in transactional law and practice. With the added impetus to bring out the best of the legal and raw energy in me; to create values and opportunities for others - managing investments, organizations, and institutions. Same reason I spent the better part of my early life in the US learning and perfecting the use and deployment of Computer Systems and Information Technology (MCSE); knowing full well that its relevance within the context of the new millennium will be unprecedented. Same reason I decided to pursue advanced degree in energy and environment law and policy; knowing full well that to make meaning out of our existence as human race, and for sustainability to be enduring, nature and its wealth, no matter their forms or contents, must be regulated and appropriated with reservation. I love the good life and I love nature. Most importantly, I want to be involved, directly or remotely, in the decision making process, in crafting and defining those regulatory mechanisms that make exploitative use of natural resources meaningful and sustainable - with a mindset for preservation, not undermining the needs and concerns of future generations. To a great extent, I have, on this Blog, and through my essays on the subject, made tremendous contributions to ensure attainment of the preservation principle. This time, this very moment, I am taking a step of faith into the real world of business and commerce at a grand scale unprecedented in the history of energy investment projects in Nigeria. With infinite sense of value, I crave your indulgence, trust, support and involvement. If you read the five-part series on Social Intelligence that we published in January, 2013, you will no doubt be comfortable, knowing full well that you and your investment are in a trusted hand.  I have real and definite purposes on my mind, also, I have, in all sincerity, definite plans, enhanced preparedness, and a solid foundation to ride on, for the attainment of those purposes. Dream delayed is not a dream deferred. Please trust me, join me for a worthy and sustainable endeavor. 

I am a LEADER, not a Follower - Why You Should Partner With Me.

Years of Experience matters; however, vision, creative and negotiation skills, quality education, team spirit, audacity, and the ability to take a stand and take decision that works in the face of clear and present danger, and stick with it, are the stuffs with which great and real leaders are made. I want you to trust me with your energy and related investment projects in Nigeria, in the United States, and elsewhere in mineral resources rich countries of the world. Stating that I fit the bill of real and great leader is an understatement - I am a total package, a one of a kind God creation. 

We wrote “OBAMA: Citizen United, Invisible Resistance, and the Hacking of American Democracy”, and in the process, we changed the dynamics of a Presidential Election in God's own country in a way no one expected. We do not belong to the usual clique - the revered and the highly remunerated political consultants and pundits. We do not have 15 years, not even a single year of experience, in politics, political strategy or Presidential Campaign as bargaining chip. In our obscurity, and contrary to popular opinion, we took a firm stand, crafted talking points and never doubted or wavered in our righteous resolve to set the record straight and define the opponent.  The campaign team saw with us and bought into it to the chagrin of established pundits and commentators. They did and they won. And the rest is now history.

In addition, few days to the election, while the dominant issue became the likelihood of the President winning the Electoral College Votes, without winning the Popular Votes, in our article rightly titled “OBAMA Will Win Decisively”, we stated categorically that the outcome will be one of a Popular Mandate for the President – that he will win the Popular Votes and the Electoral College Votes with a clear margin. And he did. In similar vein, we were ninety nine percent right on the State by State analysis of vote counts. No one, of all the thousands plus local and international pundits, analysts and commentators, match our record. What we take out of that experience is that those who embraced our ideas unconditionally, never question our qualification,  the color of our skin, social background, or whether or not we have participated in presidential campaign in the past. It was simply classic, to put it mildly.

Also, at the international level, our piece on the crisis in the Middle East, titled “Overcoming the Crisis in The Muslim World”, written September 22, 2012, establishes the framework for complete disengagement by the Western powers from the region internal crisis, except under mutually beneficial agreement initiated by the people and government of the affected states or countries. Voluntary direct involvement by the US in any internally generated uprising in the Middle East,  would as always, be construed as a colonizing mission by America, thus making it and its allies ready targets for attacks by opposing forces, especially those extremist groups with ingrained resentment for everything West. Our position is the standard as of today.

Lastly on the international scene, within the energy sector, our articles, (1) “Bonga Oil Spillage and Sustainable Development in the Niger Delta”, and (2), “Stabilization Clause v. Human Rights and Sustainable Development”, have become the most sort after reference materials for sovereign nations and international law firms in pursuit of ownership, management and total control of natural resources in their countries. It doesn't matter who we (the authors) are or how long we've been in practice in the energy sector. The materials were basically out of the ordinary and did provide the missing links for economic decolonization initiative.

At the domestic scene (Nigeria), we championed the introduction of Highway Patrol and argued against the introduction of State Police. We reasoned that introduction of State Police will eventually lead to dictatorship of State Governors and emasculation of opposing voices. Arewa Consultative Forum, the Northern region political interest group, bought into our argument the next day, repeating our position verbatim in a press-release. Subsequently, other influential organizations like the association of former Inspector General of Police came on board. Today, introduction of State Police is a non-starter. Also, the Inspector General of Police, late last year, re-introduce the Highway Police Unit, equipped with new amour vehicles to man our highways, just as we suggested. 

The decision by the Federal Government and the Nigerian Police, rejecting the call for introduction of State Police Command, is a blessing in disguise. In hindsight, that decision turned out to be one of the best, if not the most audacious decision ever taken by the Jonathan administration since it came to power. The massive scale of abuse of executive power and privileges, and the blatant suffocation of Local Government Authorities and Council Members by State Governors all over the country, would have made addition of State Police Command to their portfolios a calamitous initiative.  We were right; State Governors are today more daring and disrespectful of the Presidency and more antagonistic of opposition forces within and outside their respective states than ever before in the history of this country. 

Also, we championed the integration of western or popular education with teaching of Quran in all the Islamic Schools in northern region of Nigeria, to be able to make popular/regular education easily accessible to the Almajiri and the less privileged children in the region. It involves integration of regular Elementary School subjects that are available in regular schools side by side with Islamic studies in all the Muslim Schools. We modeled the concept after the practice of the White Catholic Missionaries in the Eastern Region of Nigerian prior to independence – Bible on one hand, while on the other, you have Arithmetic, Social Studies, Geography, English, Civic, and Integrated Sciences. 

Thank God; the President Jonathan and his Government, bought into it. Starting from Sokoto State, Federal Government, has spent Millions of Dollars on the Almajiri Educational Initiative, bringing formal learning and quality life to the forgotten majority in that part of our world. Systematically and with time, these would be intelligentsia would be  fully integrated into the larger economy. That demand, that vision began on this Blog more than a year ago. 

(If you watch closely, majority of the Boko Haram followers arrested so far, do not understand or speak a word of English; in Nigeria of 2013. Now you know why it has been very easy for the leadership of the sects to recruit new followers - pool of underutilized minds to tap into with diabolical fervor and for a diabolical purposes ). 

Granted that we do not have fifteen year of experience in politics, government, or public affairs, but time and time again, we have succeeded in developing ideas and championing noble causes that political leaders would not have considered realistic or of any value.

For instance, prior to the writing of our flagship article “Immunity: The Scope and Extent of Section 308 of the 1999 Constitution of the Federal Republic of Nigeria", most Nigerians believe that members of the Nigerian National Assembly, enjoy immunity from indictment and prosecution for engaging in fraudulent activities. We put a lie to that misconception in an article that is now the most highly read article on this Blog. That expository, prompted some members of the House of Representatives to embark on legislative maneuvering to extend the Speech and Debate related immunity that they enjoyed to all other legislative related activities. As expected, that legislative maneuvering died stillbirth.

Finally on this segment, I want to reiterate that I am not a writer. I write, not because writing is my calling or to satisfy any hidden or obvious passion. I write, because it has come to a stage in my life where I could no longer watch in subdued agony, seeing my country going down the part of self-destruction, without making effort to engage in its resuscitation. I don't have to be within the corridors of power to make impact or wait till I step on the scene before attempting to effect changes. In addition, I write, because I could easily fathom real and practical solutions to most of the daunting challenges that present leaders are contending with. 

Yes, I write, because, most often, I see leaders completely oblivious of national programs that, if pursued,  will, no doubt, add values to the lives of the governed. And most often, I have been proven right on every issue I dabbled into. 

In a span of twelve months, I have written and developed realistic ideas on politics, public affairs and socio-economic programs that most people cannot cover in their life time. I am authentic; and by nature, a big dreamer, a visionary. I am always eager to take action and with me around, it is always about solutions. That is my definition of leadership, and that is what I am bringing to the partnership. 

Our style of writing on this Blog has a unique touch - it is written in a discussion format. We write as if we are giving instructions to subordinates or contributing to a discussion with our bosses in an office setting. Much as I want this Blog to speak for me, I urge everyone to pay less attention to style and semantics, but to focus on substance and rich contents, and to what extent they have succeeded in assisting institutions, individuals, and sovereign nations in initiating and executing programs that brought about tremendous improvement in the lives and well-being of those they serve. That sense of purpose, vision, positive mindset, and the can do attitude, prepared me for the next chapter - a journey that I hereby earnestly seek your involvement and commitment.

"TransMark Energy" and "Alex & Partners" - It is about Trust, Reliability, and Preparedness!

We are versatile, and we bring an all-encompassing training, knowledge and experience to bear on our work. At TransMark Energy, we handle Procurement, Licensing, Regulatory Compliance pertaining to investment projects in oil and gas, mining, and renewable energy. 

Working with our trusted affiliate, Alex and Partners, a boutique law duly registered in Nigeria, we handle Commercial Transactions and Business Facilitation; Incorporation of Business Entities and Corporate Governance Advisory; FCPA Advisory, Government Relations and Political Strategy; Sustainable Development and Community Initiatives; Contracting and Negotiations of Mineral and Energy related Agreements involving Mining, Oil and Gas (Downstream), as well as Power Generation (Electricity). The oil giants are departing in droves, thus creating vacuums for new engagement. Stating there is huge market for crude oil and refined products is an understatement. Besides, people of all ages, the highly educated and the barely educated in Nigeria, and specifically in the host communities, want well paying jobs and better standard of living. Everybody wins where everybody participates. That is the missing link.  For local investors, stop sending your money to Swiss Accounts. Let's invest at home - your investment is protected. 

As I rest my case, I want to take you along on a journey to some of the classes that I took, while preparing for this adventure. Below, you will find the number of classes that I took towards my graduation from Harvard as well as from University of Denver.

HARVARD UNIVERSITY

Certificate of Special Studies in Administration and Management (CSS), awarded November 18, 2003 Admitted January 29, 2001. I drove Taxi in the morning in the City of Boston, while I attended classes in the evening. 

(1) Entrepreneurship in the Internet Age

(2) Human Resources Management

(3) Microcomputers and Information Technology

(4) Oral Communication/Business and Organizational

(5) Strategic Management (Capstone Course)

(6) Law of Business Enterprise

(7) Emerging e-Commerce Law and Policy

(8) Capital Markets

(9) International Business and Global Economic System

(10) Financial Accounting Principles

(11) Capital Acquisition and Investment Banking Process

(12) Writing and the Law

The last three courses did not count toward courses required for graduation. 

UNIVERSITY OF DENVER

STURM COLLEGE OF LAW

Mater of Laws of Natural Resources and Environmental Law and Policy (LLM), Awarded May 12, 2011 Admitted August, 2010

(1) International Mining and Comparative Law and Policy

(2) International Petroleum and Comparative Law and Policy

(3) Natural Resources Law (Capstone Course)

(4) Renewable Energy and Project Development/Finance

(5) American Lawyering Process

(6) Negotiating Natural Resources Agreement

(7) Sustainable Natural Resources: Emerging International Framework for the Sustainable Development of Natural Resources

(8) Natural Resources Practitioners In Residence Seminar

I proudly confess that was I taught by the best and the brightest of Lawyers and of Professors in the industry and I gave it all my best. This Blog is an accidental occurrence, but we excelled. The enhanced preparedness is real and all encompassing, and the solid foundation bestrides every gamut of the swampy acres of the Niger Delta and every virgin terrain of the Taraba, the fertile landscape of Benue as well as the ever green valley of the Plateau. 

Investment Projects

1)      Educational Foundation: The vision is to develop, incorporate, and manage for the first six months, one of a kind educational foundation in Nigeria with a view to assisting more students from Northern region of Nigeria to secure University admission with ease. The goal is specifically to assist (1) those who dropped out of Grammar School and those who completed the program,  but do not have the required six credits or subjects required for advanced studies. (2), those who already obtained the required six credits, but are having difficulties passing and financing their Joint Matriculation Examination (JME), or it modern day equivalent, and (3), those who have the mandatory six credits, but do not want to further their education for fear of financing. I have a blueprint for continuous funding, recruitment of competent Teachers, Facilities (location of classes), and sustainability.

2)    Refinery - Details to be discussed. 

3)   Energy related - Details to be discussed on serious inquiry. (There is a huge market for the final products. Just as MTN revolutionalized Telecom business in Nigeria, this business will bring new impetus to energy distribution network in Nigeria and throughout West and central Africa). 

Confidence and Matthew 7:12.

    Granted, it is not always the same in the field as it is in class rooms, but trust me, with me on the scene, everyone is a participant. And when everyone participates, there is always comradeship around the work place and the surrounding communities.  Nothing else, guarantees uninterrupted revenue stream for investors than that. What I bring to the field is the ability to win, the ability to stand firm, unbroken for the protection of your investments and attainment of the investment objectives, and doing those, without undermining the expectations and interests of the host communities where we may likely have our base. That populist and trusting attributes and the ability to fight a good fight (defeating oppositions) and win decisively, are what set me aside from opportunists. 

Nigeria is not all scam, distrust, fraud and deceit. There are honest people who want to do the right thing, when dealing with those perceived to be authentic and genuinely committed to doing the right thing the right way. 

A Director of Immigration, who I have never met before, who today, I still don't know what his name is, issued me a brand new passport in a recorded time, so that I will not miss my scheduled interview at the American Embassy. His Secretary did all the 'Lagos Jumps" - went to the Bank to buy the bank drafts, payed for the form and ensured its delivery from Abuja when they ran out of forms in Lagos. 

When I went to pick up the form, the Secretary asked me, "How long have you known Oga?" I asked him, "Which Oga". He replied, "My Oga." I told him, "I don't know your Oga, I have never met him before, and I don't even know his name." Then looking confused, he asked, "Is this a joke or simply a miracle?" I told him, neither. He said, "You must be the luckiest man, I have ever met." We shook hands and parted ways. I went to the Director's office to thank him, and he simply wishes me good luck on my trip. The year was 1996. (I am an Esan man from Edo State. The two gentlemen that contributed to making my American journey a reality, are Hausa/Fulani. We don't hear stuff like this often).

In similar vein, Professor Jegede, then Secretary of the Nigerian Law School, gave me accommodation on the spot, defying rules and regulation, solely on the basis of my application/petition, even when my last name didn't sound as his.  

I was allowed into President Banbagida's (IBB) mansion in Minna, without invitation or a prior phone call. Even though I arrived at the gate driven by "Okada", straight from the Minna City Motor Park, the Security Personnel at the entrance and those at the inner gate treated me with respect and courtesy in their questioning and body language. On a disappointing note, I left the mansion voluntarily for three reasons, without waiting to meet with the President. (1) There were about three set of visitors ahead of me, waiting to meet with the President, (2) the staff who attended to me was not so sure if the President would come back to the office after his lunch, and (3), it was getting late and I didn't want to drive on that winding road from Minna to Abuja at night on a public transport. Besides, I was new in town from the US to attend the NBA (Nigerian Bar Association) yearly conference, holding at Abuja that year - I did not tell any of my family members where I was or that I was travelling to Minna that very day.  

In hindsight, I was the one who bungled the opportunity to meet with the President. When that opportunity died, so died the project/discussion that I wanted to put forward before the President. Trust me; phone call does not work when you are making a pitch to a high profile individual who hadn't any reckoning of who you are or what you look like. I have my self to blame - what I did on that very day was contrary to everything that I was taught in my Business Class about "Elevator Pitch." There is not another day or another time.

Also, I gained entrance into the Office of the Senate President, after some unrelenting minutes of negotiation and confrontation with the security guys. At the end, it was a futile exercise - the Senate President was not at his office. The Senate did not meet that very day. I met with the Principal Assistant and another Lady who offered me water. Looking at my middle name, she suggested I meet with a certain Senator from my state. I told her that I want to meet with only the Senate President and not any other Senator - the Senate President is best suited to handle the constitutional amendment issues that I wanted to get resolved. (I covered some of them on this Blog). Truth is, I am better off dealing with leaders. They get things done, without much ceremony, if you know what you are talking about.

It was not the same story at the Office of the Secretary to the Federal Government. First the office was inside middle of nowhere. Second, staffs at the entrance insisted on sending me to the Office of the Registrar or Register to take care of some paper work. I wanted to see him that very day, even if it is for only five minutes. They were unrelenting. (By the way, the paper work only works for future date that is uncertain. That was the reason; I declined to go with it). Not wanting to be branded recalcitrant, I gave up and went away.

Three days later, the Secretary was fired or relived of his duty by then President Yar'Adua. The year was 2008. In essence, if you can't create room or time for unusual occurrences, or create flexibility provisions to accommodate daring gentlemen and ladies in my shoe, you don't know what dynamism is about. That office is too detached and far-removed from Nigerian realities. 

What am I saying - there are Nigerians, high and low, willing and ready to assist those with genuine needs and know how to go about attaining them through the right channels. 

On a final note, it takes enlightenment to know the enlightened. I have quality mind and I know quality people. I know who to trust, who to recruit and who to work with, to maximize return on our investment. The foundation is solid, the preparedness is all encompassing, and the purpose is firm. Above all, it is about decision making process and daring to act. If you are still in doubt or undecided, I strongly recommend that you read the five part series on social intelligence. Partner with me. There is wisdom in partnering with me.

Alex Aidaghese
1 + 646 373 6801

alex@transmarkenergy.com

Surgical Overhaul

One of the highly read articles on this Blog - "Stabilization Clause v. Human Rights and Sustainable Development", written and posted March 23, 2012, was hacked and corrupted few days ago. The infested or corrupted piece was permanently deleted from its original location, and from this Blog. Few minutes later, and thanks to our storage system, we re-post the saved version of the same article as originally written. See the preceding article. We want to reiterate that the article is still the same as originally written - no words, no sentence, and no paragraph was added or removed.

(By the way, "Sustainable Development” is an evolving course of study in most graduate schools in developed countries of the world. It covers emerging framework for the sustainable development of human and natural resources. For instance, Columbia University in New York City, recently, developed a brand new Master program, specifically on the Science of "Sustainable Development."  I took two independent classes in this very exciting new area of law, while studying for my LL.M. In addition, my major paper on "International Mining and Comparative Law and Policy" class was on "Sustainable Development", and the main theme, or thesis, if you like, was on how to achieve the investment goal of foreign investors, without undermining the interests and expectations of the local people or host communities where natural resources are located.  If I may add, I hadn't the slightest knowledge of what the term connotes in legal setting, until my arrival at the University of Denver. So, developing interest in the area, as I did, was quite understandable - how do we balance the interests of the major oil companies doing business in the Niger Delta of Nigeria against those of the indigenes - the owners of the land or water in and around the Niger Delta? I have no doubt in my mind that I have, to a considerable degree, in some of the articles published on this Blog, been able to make some concrete and helpful input on how to arrest the never ending mistrust between IOCs and host communities in the Niger Delta. Even though the articles were written with Niger Delta on my mind, the underlying principles, approach and solutions have universal applicability. So, we are not surprise that "Stabilization Clause v. Human Rights and Sustainable Development", posted March 23, 2012, and "Bonga Oil Spillage: Niger Delta and Sustainable Development", posted January 02, 2013, are today, among the mostly read articles on this Blog. On a positive note, following the publication of "Bonga Oil Spillage ...”, I received an e-mail from the Dean of a prominent Business School, recommending that I should get his text book covering petroleum deals in Africa to augment my library in that area of law. In addition, I began receiving unsolicited, but professionally useful materials, dealing on energy and related legal contracts and agreements from highly reputed international law firms and professional organizations.  So, when it was reported late last year that these two countries ... ... took over substantial measure of the crude oil activities in their respective countries, I knew it was bound to happen. Prior to that news report, about 95% of the traffic clicking on "Bonga Oil Spillage ...” on this very Blog, came from the two countries. In similar vein, some of the law firms that placed me on their mailing list are located in that region as well. So, yes; we are very proud of our work, and we will take every measure necessary to protect our articles and ensure that this Blog remain safe and vibrant as always).

Stabilization Clause v. Human Rights and Sustainable Development

An abridged version appeared on Association of International Petroleum Negotiators (AIPN) discussion Board on Linkedln)

Coming from a developing country that is very rich in natural mineral resources and where there is a never ending conflict between IOCs and the local communities on one hand, and between the local communities and the  central government on the other, my take on stabilization clause is transcendental of taxation methodology, and certainly, more broad than most of the views expressed here. Based on empirical evidence surrounding exploitation and exploration of natural resources in my country, and in most developing countries, stabilization clause, no matter how well written, does not - standing alone - guarantee uninterrupted revenue stream for IOCs, nor provide adequate stability for investment in a host state/nation perpetually.  I will explain later. But first ...

Stabilization clause refers to the clauses in a private contract between  investors and  host  nation   that prohibits  the host nation  from    changing the  terms of  the agreements,  for a specific period of time,  or for the duration of the project. The fundamental goal of stabilization clause is to mitigate risks associated with sudden changes   in the regulatory regime and to forestall outright regulatory appropriation (nationalization) by the host nation.

There are three basic types of stabilization clauses.

1. Freezing Clauses – As the name implies, aimed at freezing the laws that govern the contract from the day it was formed and throughout the duration of the project.

2. Economic Equilibrium Clauses – Cover payment of compensation in the event of changes in the existing contract, or applicable laws

3. Hybrid Clauses – Safeguard against all changes in legislation, by requiring compensation or adjustments to the deal, including exemption from new laws.

Regulatory changes that most often catalyze protest on the part of foreign investors are: introduction of new tax regime, or increase in tax and royalty rates. A good example is the recently resolved dispute between Anadarko Petroleum and Sonatrach (Algeria State Oil Company) over the application of the 2005 Algeria Hydrocarbon Law, modified in 2006, which empowers the government to tax oil windfall profits.  In 2007, the government introduced new tax on exceptional profits made under existing contracts while Brent Crude prices exceed $30 /bb/.  In 2011, Anadarko went to arbitration, arguing that the application was a violation of the PSA. As at the time of writing, I do not have the details of the settlement.  For the purpose of record, Stabilization Clause is not covered or explicitly defined in the 2005 Algerian Hydrocarbon Law and as modified in the 2006.

Historically, some regulatory expropriations may be due to political changes or ideological shift in the economic system. In the case of Libya American Oil Company (LIAMCO) v. Government of the Libyan Arab Republic, the stabilization clause was upheld pursuant to the terms of the concession right granted under the Libya Petroleum Law No 251955. In the words of the Arbitrator Mahmassani: “it is widely accepted in international law and practice that an arbitration clause survives the unilateral termination by the State of the contract in which it is inserted and continues in force even after that termination. This is a logical consequence of the interpretation of the intention of the contracting parties, and appears to be one of the basic conditions for creating a favorable climate for foreign investment.”

In Lena Goldfields, Ltd v. U.S.S.R 1930 the concession Agreement entered into in 1925, granted the company exclusive rights of exploration and mining for a period of 50 years. Adding to that, the Soviet government agreed not to make any alteration to the agreement by order or decree without Lena’s consent. However in 1929 the Soviet government changed the entire economy, and embraced the communist system under the Five-Year-Plan. The government became the only customer and supplier. Lena took the government to arbitration, arguing that the Government had made it impossible for the Company to perform its obligations and to enjoy its rights under the concession agreement. Tribunal held for Lena on breach of contract charges and on restitution for the full present value of its properties – unjust enrichment and for the confiscation of Lena’s properties.

Similarly, in Sapphire International Petroleum Ltd v. National Iranian Oil Co, the tribunal held that the concession was govern by “general principles of law” and the agreement was govern by the fundamental rule of pacta sunt servanda, meaning the NIOC’s deliberate refusal to perform the contract constituted a repudiation, which relieved Sapphire of any further obligations.

However, not all regulatory changes can be said to be attributable to aversion of western political system, or motivated by the need to benefit from profits windfall as we saw in the Algerian (Sonatrach) v. Anadarko Petroleum.  In Saudi Arabia v. Arabia American Oil Co, the issue here was simply not ideologically driven. And certainly not due to a sudden jolt in oil prices. Rather, it was a development that contemporary management strategists would view as diversification of investments via creation of new markets or new trading partners. The Saudi authority simply reneged on the existing agreement it had with Arabia American Oil Co that prohibits Saudi Arabia from dealing with other investors. In the ensuring suit, the tribunal held inter alia, that the “stabilization” clause in the 1935 concession, by which Saudi Arabia had undertaken not to modify or restrict ARAMCO’s right, was binding on the host state. In other words, the Saudi authority is prohibited from dealing with other partners, except Arabia American Oil Co.

In Occidental Exploration & Production CO. v. Republic of Ecuador, the issue here borders on a discriminatory tax regime under the auspices of Ecuadoran Tax Authority: Service de Rentas Internas (SRI) that denied Occidental’s application of VAT refunds, and also a demand from Occidental for a return of the amount previously paid. The Arbitration held inter alia that Ecuador breached national-treatment obligation by failing to treat OEPC’s investment as favorably as other investment – whether of Ecuador’s own nationals or companies, or of nationals or companies of any third country – in what the BIT refers to as “in like situation”. The tribunal determined that Ecuador’s failure to provide a stable and predictable regulatory framework violated the minimum standard of treatment under international law because there was “certainly an obligation not to alter the legal and business environment in which the investment has been made.”

In sum, what is at stake is the interest of IOCs or investors in having a favorable investment climate in the host nation throughout the duration of the contract or investment. Disappointingly, those protective mechanisms in the agreement are often structured to circumscribe the ability or inalienable rights of sovereign nations to respond via legislative means to unforeseen development - the inability to make new laws to remedy emerging occurrences. And there are  numerous instances where some countries resorted to legislative expropriation rather than litigate or negotiate violation. 

Please note: Legislative expropriation or nationalization is outside the scope of this piece. Suffice it to say here that it is an extreme approach taken when a host state is of the view that the existing contract is lopsided and unconscionably structured to favor IOC. And most often, strict adherence to the principle and letter of the  unconscionable contract, makes it impossible for the host state to address Human Rights and Environmental violations brought about pursuant to the execution of the contract/agreement as formed.  Thus, hostile take over (nationalization) is always a ready remedy to the unfettered power vested in an IOC by terms of a given agreement. You don't have to give a new regime excuses to appropriate your investment. If the agreement is equitable, both parties will smile to the bank, and there would peace in the land. 

Human Rights Violation.

Other factors that may compel changes in the regulatory framework are environmental protection and the need to ensure fundamental human rights compliance by the host state. In most cases, these changes do provoke protest from foreign investors. As stated earlier, stabilization clauses do exempt foreign investors from complying with new environmental legislation (Freezing Clauses), and that in itself makes it more problematic for the host state to address environmental and human rights violations and related grievances expeditiously. According to Andrea Shemberg, in his paper "Investment Agreements and Human Rights, "Human rights advocates have expressed concern that the protection of investor rights in contracts and international agreements is not being balanced with 1) the state’s own duty to regulate investors to protect human rights, and 2) the investor’s responsibility to respect human rights."

For instance, in Nigeria, environmental compliance is not given commensurate premium and hardly regulated; not necessarily for want of applicable laws or regulations, but due to the lackadaisical approach to regulatory issues by those vested with the authority to regulate. As expected, oil companies often take advantage of the vacuum in the regulatory mechanisms and laugh all the way to the bank with impunity, while leaving the peasants - the owners of the land - who depend solely on ecological resources as means of sustenance in state of hopelessness. 

 So, Andrea Shemberg position and those of human rights advocates are in sync with the true situation of oil and gas exploration in Nigeria. Be that as it may, the corporate responsibility to respect human rights and be accountable to your host state exists independently of state duties to protect them[i]. It is insane for a corporation to be carelessly oblivious of the hazards of its activities in a given community because the host government does not have the logistics capability or wherewithal to enforce compliance. That is the Nigerian situation, and the situation in most developing countries that are very rich in mineral resources deposit. 

Most importantly, no host government should abdicate its sovereign rights to enact new laws or have its rights to make new laws, or the power to modify the existing tax regime preempted by stabilization clauses in the investment agreement. Of significant relevance here is the United Nations General Assembly resolution 1803 (XVII) of 14 December 1962, "Permanent sovereignty over natural resources." Parts of that declaration read:

1. The right of peoples and nations to permanent sovereignty over their natural wealth and resources must be exercised in the interest of their national development and of the well-being of the people of the State concerned.

2. The exploration, development and disposition of such resources, as well as the import of the foreign capital required for these purposes, should be in conformity with the rules and conditions which the peoples and nations freely consider to be necessary or desirable with regard to the authorization, restriction or prohibition of such activities.

3. In cases where authorization is granted, the capital imported and the earnings on that capital shall be governed by the terms thereof, by the national legislation in force, and by international law. The profits derived must be shared in the proportions freely agreed upon, in each case, between the investors and the recipient State, due care being taken to ensure that there is no impairment, for any reason, of that State's sovereignty over its natural wealth and resources.

From the foregoing, it is quite obvious that sovereign rights and protection of human rights in a host state are as important as protection of foreign investments. In hindsight, where human rights and environmental protection are missing in modern contracts, or where compliance with a given contract imperils the host state ability to legislate on human rights protection and the environment, the contract always become operationally problematic. Therefore, investors and the government of the host state must ensure that both competing interests are adequately protected.

Few years ago, I participated at a seminar on Emerging International Framework for the Sustainable Development of Human and Natural Resources in Mineral Resources rich countries. Towards the end of the seminar, one of the special guest lecturers told us a sad story of an entire community in Sub-Sahara Africa that was relocated to a newly built city in order to pave way for a foreign own mining operation. (The name of the country is purposely withheld by the author of this article). According to the speaker, the mining company compensated the affected villagers with reasonable bank account and brand new homes that look like huts in the video. Sadly, within few years most of the once agrarian rural villagers depleted their savings. As it turned out, only few of the male adults trained by the mining company were offered jobs at the mine. It was a hopeless sight to behold. 

As the lecture continues and the video beams pictures of helplessness and deprivations, it came to a point where I could no longer subdue the revulsion developing within me.  I raise my hand and interrupted the lecture. I politely asked the gentleman, whether, in addition to the bank account and new homes, they also provide additional land for them to continue their agrarian profession, given the fact that the villagers were into farming and herding of goats in their original habitat before the forced relocation. It was a huge pulse, to say the least.

The Lecturer walked toward me and said: 'if I have to do it again, that would be the first thing I would do.' 'And to answer your question, we did not do that.' He added further that the issue that I alluded to is the situation all over the world where villages have been involuntarily resettled in order to create ground for economic development. 

In the instant case, the villagers were permanently deprived of their inalienable rights to exploit the mineral resources in their God given land. Second, a substantial part of their heritage/identity was taken away forever following relocation. And thirdly, they were forced into a world of endless new beginning, of hopelessness, where things may never change for the better. An agrarian community that used to be self-sufficient in food production now become beggars in a new world they never bargain to be at. It was a hopeless situation. 

Thus, it is unconscionable and patently anachronistic for parties to contractually reserve in a private firm, the right to usurp and override the inherent rights of a sovereign host nation to legislate for, and on behalf of its people. There is no amount of money that can compensate these people for their deprivations. The land was a part of their identity. 

As you would see in the concessionaire agreement in the subsequent paragraph,  most foreign multinationals still believe that we are still in the stone age. Otherwise, I can not readily fathom how they were able to develop the lopsided agreement that you are about to read. 

The concessionaire agreement between the National Transition Government of Liberia and Mattel Steel Holdings AG call into question the sincerity of some western multinationals in their dealings with developing countries. Part of the original agreement reads, courtesy of Global Witness: “any  modifications that could be made in the future to the law in effect on the effective date shall not apply to the concessionaire and its associates without their prior written consent, but the concessionaire and its associate may at any time elect to be governed by the legal and regulatory provisions resulting from changes made at any time in the law as in effect on the effective date. In the event of any conflict between this Agreement and the rights, obligations and duties of a Party under this agreement, and any other law, including administrative rules and procedures and matters relating to procedures, and applicable international law, then this agreement shall govern the rights, obligations and duties of the parties”. The agreement was eventually modified following a concerted global protest and involvement, especially by Global Witness, some MBA students from Columbia University in New York City, and concerned Liberians at home and abroad.

In hindsight, it is no longer fashionable for IOCs to take undue advantage of their financial strength and superior bargaining power to undermine human rights, environmental concerns of local communities, as well as the sovereignty of a given nation. The inalienable rights of a host nation to regulate the use of its natural resources are sacrosanct. Today, thanks to the Internet and Information Superhighway, the World is more like a global village. The terms of natural resources and related agreements are readily available in the public domain within a short time for an objective review and analysis by NGOs and concerned citizens of the affected country as never before. 

Therefore, we suggest that stakeholders dilute stabilization clauses with environmental and human rights exceptions, while providing foreign investors and IOCs with adequate leeway to negotiate in the event that any new law or new tax regime adversely impacts the existing agreement.

Dispute Resolution and Social License

Given the restive situation in the Niger Delta, it is reasonable to conclude that stabilization clauses standing alone, cannot guarantee the stability that investors desire in an economy. Presently, Anglo-Dutch Shell BP and AGIP are downsizing operations in Nigeria, because of the upsurge in vandalism, kidnapping, and the indiscriminate destruction of construction facilities by the militants in some parts of the Niger Delta. In fact, Nigerian government did not introduce a new tax regime, or changes the dynamics of the regulatory framework governing any PSA. The civil society created an atmosphere that makes performance at projected level commercially impracticable, thus making it difficult comparatively for Shell to remain in operation as it was 10 or 15 years ago. So, stabilization clause as a safety net is not full proof.

There must be in place, mechanisms for resolving and promptly too, of disputes and disagreements between IOC and local communities  before they escalate to mass protest, blowing up of pipelines, and kidnapping of expatriate workers. No doubt, "grievance mechanisms will respond to project needs better if they are established early as measure to preempt rather than react to escalation of tension with surrounding communities."[ii]

Similarly, stakeholders should take cognizance of the fact that investment treaties and stabilization clauses do not provide the kind of stability that developing some forms of relationship (social license) with the community provides. Susan Joyce put it better, "the governments define the scope of legal compliance, but the broader scope of the responsibility to respect is defined by social expectations – as part of the company’s social license to operate."[iii]

Moving Forward

Below, are two stabilization clauses that are seemingly in sync with the position of this paper with respect to balancing the interests of IOCs against those of the host state and communities. Also, they are in accord with the 1962 UN declaration as well as modern trends in natural resources agreements, reproduced here courtesy of International Petroleum Transactions – Ernest E. Smith – Page 510 - 511

1. “in the event that any change in the provisions of any law, decree, or regulation in force in the Republic of Angola occurs subsequent to the signing of this Agreement which adversely affects the obligations, rights and benefits hereunder, then the Parties shall agree on amendments to the Agreement to be submitted to the competent authorities for approval, so as to restore such rights, obligations, and forecasted benefits”.

2. “if a material change occurs to the Contractor’s economic benefits after this contract become effective [1990s] due to the promulgation of new laws, decrees, rules and regulations, made by the Government of the People’s Republic of China, the Parties shall consult promptly and make necessary revisions and adjustments to the relevant provisions of the Contract in order to maintain the Contractor’s normal economic benefits hereunder”.

In light of the foregoing, the call for integration of human rights, human development, and sustainable development initiatives within the framework of every investment agreement, shouldn't be seen as just another intellectual exercise. It must be encouraged in order to ensure peaceful co-existence between every IOC and local communities. Given the alarming scale of nationalization of foreign investments by host governments in the past decades, foreign investors and their negotiators must be circumspect of undue advantages and the often weak bargaining power of host nations during negotiation process.

Given the unceasing unrest in my country, Nigeria, there is no disputing the fact that stabilization of the interests of local communities provides more stability than stabilization clauses in any investment agreement. In similar vein, sustainable development of the local communities provides more stability than convoluted taxation formula embedded via stabilization clauses into investment agreements by IOCs and their highly skilled and powerful Lawyers and Accountants. It is more about social license - engaging and interacting with the local people socially and economically. Based on indisputable facts, social license trumps stabilization clauses as far as investment stability goes in foreign soil. More emphasis should be on the office of Director of Public Affairs – an office with a positive and social mandate, with the ability to project positive social image of IOCs before the local communities.  Therefore, Lawyers, Accountants, and Geologists who represent some of these multinationals having investments or contemplating investments in developing countries should be cognizance of these developing trends when structuring natural resources agreements, In other words, they should be mindful of the fact that stabilization clause has its limitations.

Thank you and God Bless. 

Mr. Alex (Ehimhantie-Aiyo) Aidaghese.*

[i] Susan Joyce: “Human Rights and the Extractive Industries: the Ruggie Framework and Human Rights Impact Assessments.

[ii] IFC: International Finance Corporation. Good practice Note: Addressing Grievances from Project-Affected Communities. Guidance for projects and companies on designing grievance mechanisms.

[iii] Susan Joyce: “Human Rights and the Extractive Industries: the Ruggie Framework and Human Rights Impact Assessment

Straight Talk: Of Boko Haram, Amnesty, and Egalitarianism.

PART ONE: PREAMBLE

"If Mr. Jonathan was in the past disinclined to negotiate with Boko Haram’s faceless hounds, why is he now hearkening to entreaties to do so? And if members of the sect had preferred to operate in anonymity, what are the odds that, with an amnesty dangled in their faces, they will peel off their masks and show their faces? Is it the case, perhaps, that the Sultan and others championing amnesty have been in conversation with the Haramists? If so, can the Sultan and other pleaders guarantee that members of the sect will consent to lay down their weapons and integrate themselves into society the moment amnesty is pronounced?" Professor Okey Ndibe: “Dancing With Ghost, Ignoring The Dead” – Sahara Reporters, April 08, 2013.

... and his fear came to pass. The "Haramists" rejected the unconditional offer of amnesty from the President. And the "Sultan and other pleaders" were not able to prevail on the sect to "peel off their masks" and "lay down their weapons ..." This morning, April 17, 2013; it was reported by Sahara Reporters that “two Police Officers were gun down in Kaduna.” Once again, it’s deja vu all over again.

President Jonathan may have won strategically by ceding ground on the amnesty debate – preempting ACN, CPC, Northern Governor Associations, the Northern Elders, and the Emirs in their calculated resolve to cast him the enemy of peace in the region - but there are situations where a leader must not only be politically strategic, but at the same time, be seen to be adamantly resolute in the face of 'clear and present danger.' The lingering lawless state of our union is an ideal situation. Our President should have stood by his "Borno Declaration”, where he told the distinguished audience that “unless they put their house in order and talk to the sect members who are their children to lay down their arms and embrace peace, the Federal Government will not grant them amnesty, not to talk of withdrawing the men of the JTF.”  As you all know, few days after that profound declaration, our President capitulated. Earlier today, the President inaugurates a 26 man Committee on Dialogue and Peaceful Resolution of Security Challenges in the North. Nigerians, where we go from here is as fluid as unraveling boko haram’s next target.

Renouncing violence and agreeing to dialogue should precede amnesty, if at all, but not the other way round. All the concerned parties must be willing to participate, without compulsion or appeasement.  Today, we are exerting undue pressure on the Presidency to compromise as if we have forgotten what boko haram's demands are. In other words, we are willing to extend financial support to the same people who willfully and knowingly participated and continue to participate in unconstitutional religious crusade, to wit indoctrinate and conquer the unwilling by the use of force. As I write, perfection and deployment of IED are virtual reality every where in the northern part of the country.  

From all indications, we have forgotten the victims and their families who hadn't the slightest knowledge of who Yusuf Mohammed was, what he stood for or how he died? And for the sake of peace, the Presidency has abdicated in its inherent responsibility to protect the defenseless in the face of threatened rights. President Jonathan and his advisers are now willing to compensate the sects for attempting to kill the Emir of Kano, for bombing UN Official Complex and killing innocent souls. We are now pandering to enemies of civilizations for ravaging the entire Middle Belt region with merciless daring. We are now appeasing bunch of heartless mercenaries, masquerading as victims, for ruthlessly transforming the once cosmopolitan Maiduguri into a ghost town. And for killing and maiming innocent unarmed women and children, and burning places of worship, as if life has no meaning, we have set up committee to compensate them for daring to subvert our emerging democracy and transform a secular nation-state into one where Sharia Law is the order of the day.  Where is our conscience? Where is the collective outrage? This is the time, Nigeria, to stand with your President. 

All of us feel victimized when government treat criminals as protected species. Bogus Petroleum Marketers are living free and living large at our expense. Police Pension Fund Raiders are using our money they stole to pervert our justice system, buying themselves freedom in the process. Governors of Obasanjo's years are yet to account for the Billions of Dollars they stole from the people. Today, one can no longer explain the insurgency on the basis of vengeance for the death of Mr. Yusuf Mohammed, as it was originally. 

Historically, religion has always been a weapon of political power game in Nigeria. Prominent leaders who should have step up to stem the tide of the insurgency at inception, feign ignorance, arguing that it is a war that would bring down the Jonathan's government. They were wrong. Commentators in the social media who called on elder statesmen and political leaders in northern region to intervene were labeled ethnic chauvinists. It is a Jonathan's problem, we were told. Not any more. "We should not wait for the Federal Government to start the process of making peace with Boko Haram. We must stop the blame game of saying 'it is Abuja' (that should end the insurgency), because Abuja is only to complement the efforts of the state governments while the actual decision and the mobilisation of the people rests with the state governors." That was Governor Babangida Aliyu of Niger State, while addressing the 24th Forum of Speakers of Northern States Houses of Assembly, on April 17, 2013.

When did the irrepressible Governor, the Sultan, and the Elders realize that the insurgency is no longer a Jonathan's war to win or to lose? Just pause and reminisce on the scale of the carnage, the bombing, the indiscriminate killing and maiming that the boko haram sect unleashed on this nation in the past three years, and wonder if the Sultan, the Emirs, the Governors, and the Elders and the Statesmen were in a different planet.

With the inauguration of yet another committee by the Presidency this morning, we are down the same road once again. And to those of us writing, publishing, and fighting to keep Nigeria undivided, that is the Nigerian question we must not hesitate to unravel. First, we must not relent in hammering on those policies and programs influenced by religious and ethnic considerations that perpetuate division and hatred. That awareness is necessary to prevent a repeat of the past and strengthen national cohesion  - a road map, perhaps, to a new Nigerian. (You may also call it a national conference by other means).

PART TWO: HOW DID WE GET HERE?

There is no denying the fact that boko haram is chicken coming home to roost. The educational policy selfishly designed and openly implemented at the national level to impede educational advancement in the south, with a view to eliminating the educational gap between north and south, boomerang in a magnitude unimaginable by the proponents of the policy. It succeeded in creating generations of uneducated, easily manipulated religious extremists in northern region – a cesspool for boko haram adherents and recruitment reservoir for those who want to impose a state religion on the rest of us.

Today, free education at all levels, though practicable, is an aberration at the national level, because Dr. Jubrin Aminu now Professor (Senator) Jubrin Aminu was of the view that a nationally implemented free education at all levels has the potential to widen the already educational gap between the North and the south. In his own words: “In the Universities themselves, the Federal Government is now contemplating introducing free education. Whatever may be the merits of this considered step, its likely effect on University population must be mentioned. It is going to result in an even greater imbalance in enrolment  for the simple reason that at the moment, there are a fair number of highly eligible candidates for University education, mainly from the educationally advanced states, [west, east, and Midwest] who unfortunately cannot enter University simply on financial grounds.” That was Professor Aminu in his memo, titled “Educational Imbalance: Its Extent, History, Dangers and Correction in Nigeria” - National University Commission.

Following the Professor’s memo, our federal government did not only jettison the idea of free education at all levels as he canvassed, they went as far as removing government subsidy on students’ feeding - more money is being spent on southern children given their larger population in Nigerian Universities. Think about the “Ali Must Go” era, and you will remember what they did.

His retrogressive logic was that if federal government implements free education, southern parents already handicapped by financial problems and who would not have been able to take their Children through the university due to the financial problems would now be able to do so. Such a development, he argued, would ultimately add to the existing education gap between north and the south. It was his view that poor families in the north will not take advantage of the program like poor parents in the south, because of their resentment towards western culture and values. That was Dr. Aminu’s argument in the memo, not mine. Based on that calculation, he concluded that the idea of free education should be a non-starter. And they did. Obasanjo was the Military Head of State. And that remains the policy till today. In other words, if it is not good for his own people, it is not good for Nigeria. He was wrong. How he came to that conclusion is beyond common sense. Did he or any of his collaborators make any attempt to impress it upon their "anti-western culture people" the importance of popular education? They never did. As at then, his people needed free education more than the rejected tribes of the south.

The educational gap between north and south that Dr. Aminu wanted to bridge by all means possible did not happen overnight in the south. It was made possible by the embrace of Christian Missionaries in the East - integration of religious studies with scholarly pursuit - by the Ndigbo, and the free education program of Action Group in the western region as well as the acceptance and embrace of western culture and values side by side with the Yoruba creeds by the people of the Western Region. Dr. Aminu acknowledged these facts in his 53-page memo, rather than strive to adopt the same programs nation-wide, he embarked on a futile war, demanding that the rest of the country stand still for the north to catch up educationally, whether or not his northern administrators, governors and commissioners for education thought it prudent to embrace the same values and programs that made educational advancement possible in the south.

In similar vein, when President Obasanjo came into office, thanks to IBB and his fellow northern power brokers, most of the Governors in the north feel no scruple introducing Sharia Law in their respective states. Going by the facts on the ground, there was no compelling reason, whether social or religious, that could explain the Governors’ motive for the Sharia initiative. It was done to spite a President who is from the south, and at the same time, a Christian – the same President, who, of course, was not, and has never been in the good book of his own people. It doesn't matter; they want you to buy into their machination that they are protecting their beloved region and religion from infidels. My friends, it’s all farcical – a diabolical contrivance to cloak their wastage and poor performance in office.

Today, it is a different story; Boko haram sect has taken the Sharia initiative to a level unprecedented in the history of religious war in Nigeria. Also, for the first time in the history of the creation of Nigeria, it is the un-celebrated and overtly lampooned “clueless intruder from Utuoke”, who thought it fit to extend popular education to the forgotten and the rejected talakawa and the almajiri of the north.  His name is President Jonathan, the same guy every political strategist is scheming to throw out of Aso Rock, come 2015. Guys, you don’t have to like this man, you don't have to be a member of his political party (I am not), but you cannot take that unprecedented accomplishment away from him.

It is sad, very sad that a country and a people so blessed, who were few years back, categorized as the happiest people on earth, are now in a state of anomie. Thanks, of course, to the smartness of perverts and apostates who are never shy of deploying religious and ethnic propaganda to divide and conquer the majority of us under the guise of “protecting my people”. This time, no one is safe. Not even the Emir of Kano, of all person. If Nigeria must move forward as a progressive nation-state, if Nigeria must move forward as one indivisible nation-state, these are the people we must never vote into national office. It’s all about common sense. Something must be different come 2015.

PART THREE: MOVING FORWARD

A child growing up should have a home, a government that cares, and the opportunity to make a choice about what to make of every religious doctrine contrary to the trends within the Muslim faith in the northern part of the country. There are Muslims in Yoruba land; most of them are well educated, while others are fairly educated. The same is true of Saudi Arabia, Egypt, Kuwait, Indonesia, and Iran, just to name a few. Why must northern Nigeria be an exception?

What is called for is a coherent national education policy, with full support of the federal government, similar to what Action Groups did in the Old Western Region. It was a similar educational program that late Governor Abubakar Rimi implemented in Kano State during the second republic – a grass root educational campaign that won for his administration, a UNICEF Award. The Almajiri educational initiative of the present federal government is a good start, but it must be all embracing – every child, whether from Christian, Muslim, or Animist background should have access to early and free education in every part of the country. (If I am not mistaken, the Northern Chapter of Christian Association of Nigeria also espouses this view). A compulsory, free, and popular education for all children of school age – from Elementary School to Grammar School level - would go a long way in shaping the attitude of the children and how they embrace religious doctrine as adult.

Education is a right, and it is the best investment in the life of a child. Religion is a choice, and should be treated that way. In most part of northern region of Nigeria, religion, and not education, is a right - the only known avenue to emancipation. A child capable of imbibing and reciting Quran verses verbatim is capable of digressing quadratic equations in a Mathematics class, if given the opportunity. Don’t ask me how. The proof is glaring. No matter how you look at it, it’s all about effort and the leadership that you have and what their views are on educational advancement, and specifically, on egalitarianism.

In addition, the Holy book does not forbid integration or teaching of popular education - English Language, Arithmetic, Social Studies, and Integrated Sciences - side by side with Islamic studies. Christian Missionaries in the Eastern Region, before and after our independence from Great Britain, perfected the integration model perfectly well – Bible on one hand, English, Mathematics, Civic, and Social Sciences on the other. Same can be replicated in Northern region with respect to religious studies.

We must not give up on educating these children, because informed citizenry is the most potent and decisive weapon against false beliefs and extorted indoctrination. No one would buy into the western education is “haram” baloney, if regular education was part of his or her adolescence. There must be a distinction to be made between social/moral purity and survival instinct through purpose engagement in the economic sector.

God and Allah help those who help themselves. That is a fact and not just a saying. Our Islamic scholars, teachers, and leaders should be willing to embrace changes and accept the fact that religious freedom is most ennobling when combined with economic freedom. The current helplessness of the less privileged in that part of our World is disgraceful and cannot be sustained for too long. Therefore, government intervention in the academic sector at the very early stage in the lives of the affected children would go a long way in shaping their perception and understanding of religion, its social and moral impacts, and the extent of its limitations in the context of economics – creation, distribution, and consumption of wealth." We must start early.

PART FOUR: A WORD OF CAUTION

Any attempt by any one group or groups to engage in forceful indoctrination of the unaffiliated should be treated the way it is - an act of war against the sovereign. For Nigeria to live up to its promise of one nation one destiny, it must be willing to apply every resources at its disposal to defend threatened rights.

We want to reinstate that Boko Haram is a real threat to our corporate existence as one country. We support dialogue in the past, and we still do, because we believe that it is easier to subdue and conquer enemies you know, and in a bounded enclave than fighting an insurgent groups with no fixed address or defined territory. Besides, a declaration of war on the sect is a declaration of war on innocent Nigerians who do not espouse forceful incrimination,  but happen to share common boundary or close proximity with them.

As things are today – dialogue or no dialogue - it is our belief that Government alone cannot wage a decisive battle against Boko Haram. Security Agencies alone cannot wage a decisive battle against Boko Haram. To be successful in dismantling the sect and their beliefs, our Security Agencies need the unflinching support of local chiefs, community leaders, religious leaders, and above all, the loyalty of other peaceful and law abiding Muslims who do not share the jihadist  philosophy, and the forceful indoctrination campaign characteristics of the Boko Haram sect.  

In addition, if the unrest is a rejection of President Jonathan and his administration, we want to state on record that, if President Jonathan cannot rule Nigeria, no one, henceforth, can rule Nigeria. And if for any reason connected with the present state of insecurity in the country, he ceases to function as President, Nigeria will come to a standstill. The outcome will be such that when it is all over, there won't be a country called Nigeria again. You cannot continue to sponsor and fund lawlessness, with a view to destabilize the country, and at the same time find grace in labeling the President weak. 

Nigerians should give President Jonathan a chance; he did not breach any law by stepping into the vacuum created by the death of President Musa Yar'Adua. He acted within the confines of our constitution. Every Nigerian must have the right to aspire to the highest office in the land through democratic process. Let's grow and develop our democracy consistent with the trends in most developed countries of the World. Military coup is never a better option, it has never been and it will not be. If our Judiciary is independent and graft free, we will be able to manage the war against corruption, and at the same time, be able to conduct a free, fair and credible election, and ultimately, elect leaders of our choice.  If President Jonathan and his government remain nonchalant about recouping our stolen oil wealth from bogus petroleum marketers and from police pension funds raiders, then, come 2015, we should come together and rally around and vote for a credible candidate who is ready, and in a better position to protect and manage our wealth.

Make no mistake; Nigeria is not for sale and will not suffer any extinction come rain or shine, but we must be willing to point fingers at the real infidels in our midst - those who steal and those who use religion to divide us. They are the real enemies of one strong Nigeria. We must be able to say it the way it is, without equivocation. We must must be persistent in our collective resolve to educate our voters on the credibility and otherwise of every prospective political leaders. For instance, every Governor who did introduce Sharia Law in his or her State should say bye bye to Presidential ambition.

(If I may digress, we must endeavor to communicate or write in clear English to make it easier for our audience to grasp every bit of our message. That is the fundamental goal of communication - the ability to reach your readers, without placing them in a situation where they would have to guess the meaning of your message. For a start, consult the Editorial page and the Op-Ed Columns of The New York Times. Be smooth).

PART FIVE: CONCLUSION

As we sign off, we want to remind Nigerians that our desire for one cohesive entity, our love for the good life, our intellectual and educational drive, our freedom to worship what we want and how we want shall never be compromised. Similarly, our pursuit of happiness, the need for equal rights, justice, and egalitarianism must be pursued with every fiber of our being - never, never; we will never compromise on those things that we hold dear to our heart as a free people. We will never bargain away our fundamental rights to associate and worship the way we want, or bargain away our inherent rights to educate our kids in any part of Nigeria that we chose. Not now, not any time. We will never surrender.

Every faithful adherent of the Islamic faith in Nigeria must stand up to rescue the faith and the Quranic studies from the stranglehold of those with perverted doctrinaire. Every community must rise to protect itself. Every vigilante group must reorganize to protect their women, their children, and the helpless. I empathize with the sect for the death of their leader, but remember, two wrongs don’t make a right. Every struggle has a meaning. This one has gone too far.

At this juncture, I would like to remind every insurgent group and those behind them that negotiating peace with your enemies is not a sign of weakness; it takes greatness to accomplish that. We shouldn't forget the Camp David Accord between Egyptian President Anwar El Sadat and Israeli Prime Minister Menachem Begin, brokered by President Jimmy Carter in 1978. No one consider it realistic given the aftermath of the Six-Day War. It did. Today the two neighboring countries live in peace. Why not us?

Boko haram and their supporters should remember that, and do the right thing: Surrender your weapons and embrace peace. Nigeria is a secular, multi-ethnic, and multi-cultural sovereign nation-state. Amnesty, the way is currently being dangled before you is a complete travesty - an absurdity of a dismal proportion. Every Nigerian should reject it. You do not deserve it, and you know you don't deserve it. If boko is haram, as you have been propagating for years, where and how did you learn to develop IED? That explains the fallacy of your demand and the shallowness of your propaganda.  I wish the Sultan and his team the best of luck.

May God bless the good people of Nigeria.

To be continued.

Alex (Ehimhantie-Aiyo) Aidaghese