Wednesday, April 23, 2014

Reflection and Regeneration: A Compendium of Thoughts on Thought Leadership

As deliberations at the ongoing National Conference continue, I want to thank Nigeria Village Square for making it possible for me to make my voice heard outside of this Blog following the publication of three of my articles in the past few weeks. The instant piece is going to be my last major piece on this Blog until further notice. I have done considerably well beyond my expectations at the inception of this Blog on January 02, 2012. And it is time to move on. Before I proceed further, I would like to express, with heavy heart, my continued interest in the search and rescue of the kidnapped teenage "Chibok Girls" in Borno State, Nigeria. My heart goes out to you and your family members. You deserve our unflinching support and attention. The World is on your side.

I did not take into writing because I write for a living. It wasn't in satisfaction or in pursuit of passion, either. I write because I know I am blessed with unparalleled foresight and invaluable lessons in humanity, leadership, governance, and change management that I wanted to share. It is all about common sense ideas based on prudent judgment anchored on Awoism, innate intelligence, leadership tutorials from my Mother, and reading through the years. Yes, I write because I know I am simply the best in what I write about - insightful, visionary, creative, more daring, and audacious than those in the field as well as those managing our public institutions. Like President Bill Clinton, I know little about everything. And I write what leaders read, or should read.  I am a total package - a one-of-a-kind God's creation, with rare insights and foresight on most issues. Yes, I said it.

I speak and write the minds of the people, especially those who seemingly know what is wrong with the system, but do not have the time to write about it or the vocabulary to put them in proper perspective for maximum effect. "For instance, petroleum marketers who scammed our petroleum subsidy funds should be made to show proof of their supply and concrete evidence of overseas dealers and how and where they deliver their petroleum products in Nigeria." That was exactly what the Subsidy Review Committee chaired by Mr. Aigbojie Imoukhuede did to nail bogus petroleum marketers. You did not read those lines elsewhere, but only on this Blog. See "The Need for a “Civil Asset Forfeiture Law”, posted on May 25, 2012.

Thanks to the internet and social media for making it possible for me to do that - write, get published, and be heard, without pandering or adjusting my language to the whims and caprices of editors of newspapers and proprietors of online news outlets. We are not investigatory; we are fact finders and public affairs detail oriented, focused on solutions. Like a light shining through the murky night, we see what others don't see, and build a case for a strategic approach. And 100% of the time, we have been vindicated.

Once, I opined on this Blog that an Obama School of Thought is emerging with respect to the global war against terrorism. And I defined the School of Thought and stated unequivocally that no one has written about it or talked about it anywhere. Three days later, I repeat, three days later, President Obama held a news briefing where he succinctly articulated his administration's new approach to the global war against terrorism. His philosophy was on all four (totally in sync) with my hypothesis. That is rare, very rare. It is like winning a Multi-Million Dollar jackpot. See "Nigeria is at War: We Must Stand up and Support our President", posted May 17, 2013.

It is about ideas and the ability to articulate them, without leaving in the minds of the readers any doubt about where I stand and what I stand for, and what my goals are. It is not about semantics. It is about the message. After all, English is an elastic language. I write not to entertain or to impress the literati of Nigerian journalism, but to create a real impact and catalyze the target audience to action. The intensity in my language is real. Not borne out of hatred or animosity towards other people, tribes, or regions, but to create awareness, and new thinking in the body politic in other to avoid the mistakes of the past. It is all about common sense and moving forward.

Take, for instance, the nationwide protest that took place on January 2013, popularly referred to as Occupy Nigeria, over the proposed removal of petroleum subsidy by President Jonathan. I was the only voice outside the government who supported the removal. Not that I like the high cost of fuel products or because I was doing some PR work for the Government. I did because the subsidy wasn't creating lower prices at home. My argument then was that it is very likely that some Nigerians are scheming or scamming the subsidy regime; otherwise, Nigerians would have been enjoying affordable petrol and kerosene at petrol stations. I suggested that until the government takes care of the loopholes in the subsidy regime, they should take control of the importation of fuel products and reinvest the accruing profits into the system instead of subsidizing the process for fraudulent and bogus petroleum marketers. In the end, I recommended the Obama formula in the disbursement of student loans to the students via the Department of Education, dispensing with the services of Commercial Banks that were reaping where they did not sow.

A few months later, Representative Farouk Lawan and his investigatory committee came out with a damning report, detailing how some politically connected and not-so-connected bogus petroleum marketers cooked up figures and cooked up documents to scam the subsidy regime of needed funds - being paid for products they didn't supply. That was my fear when I supported the removal. I knew that the subsidy fund was going into the wrong hands and not into petroleum products. And you know the rest of the story.

I gave life to the call for "True Federalism and Decentralization of the National Government", making them the most talked about issues at the ongoing National Conference and in the news media in the past two years. Today, most commentators in social media as well as those in the public sector can now discuss with erudition the major topics of the moment: "Devolution of Power", "Restructuring and Decentralization of the Central Government", "Federalism", "Unitary System", and "Confederal option". It all began with "The Search for True Federalism: Balancing Feudal Interests with Southern Greed and Opportunism." Followed by  "Federalism, Presidential Succession, and Marginalization" written at the beginning of this Blog about two years ago. And last, but not least in that category is "Of Distorted Federalism, Structural Problems, and Leadership Crisis in Nigeria: A Case for Decentralization of the National Government", which appeared on this Blog on March 25, 2014, and on Nigeria Village Square on March 29, 2014.

I no be follow. I don't react to news or topics. I define and create topics - those issues that are important and deserving of unqualified attention. Hamiltonatlarge.blogspot.com has been the defining moment, the starting point of what is to become a new Nigeria. It is vibrant, refreshing, aggressive, and easy to read and digest. Most often, I see my ideas on this Blog in the opinions of other writers as well as in the policy and programs of the government. And it’s all good. It's all about spreading the message, helping to shape the future of this country, and focusing on common-sense solutions for the benefit of all.

This Blog was opened to the public on January 02, 2012, with the flagship article: "The Search for True Federalism: Balancing Feudal Interests with Southern Greed and Opportunism." That piece defined the Nigerian Story, the Nigerian Problem, and the Nigerian Solution. It gave a new meaning to the call for Sovereign National Conference and catalyzes the demand for true federalism. We challenged southern political leaders to be more assertive on national issues. We indicted southern columnists for devoting too much time and space dwelling on polemics and stale news. That article was all I wanted to publish when I set up this Blog. My prayer now is that the selected delegates presently deliberating at the Nation Conference do the right thing and come out with a document we can all be proud of.

On this Blog, you will find very thought-provoking articles that made great changes in the political system of great nations.  From the urban development protest in Turkey (see Stabilization Clause vs. Human Rights and Sustainable Development), to the exercise of state power and control by the government of Argentina and Brazil over their petroleum resources (see Bonga Oil Spillage, Niger Delta and Sustainable Development). Also, we developed or defined a new approach to the unrest in the Muslim world by Western Governments/Nations (see Overcoming the Crisis in the Muslim World, published September 22, 20120). Last, but not the list, we wrote an all-encompassing treatise/work on the last US Presidential campaign/election - later to be labeled "the definition of Obama's opponent" by the media.

It all began in May and June 2012, when some highly visible Democrats in and out of government as well as some celebrated pundits in the news media were breathing down on President Obama's campaign team, warning them not to mention Wall Street and Bain Capital in the Presidential campaign, I took a firm stand, arguing that the campaign team does the exact opposite. I opined that it is strategically suicidal and counterproductive for the campaign team to do what the pundits are saying. I started on this Blog and on my Facebook Timeline that the campaign team should disregard the advice and place Bain Capital and Wall Street on full blast. My position was that given the fact that the President's opponent is campaigning on his Wall Street experience and his ability to create jobs, then his exploits on Wall Street as well as his stewardship at Bain Capital are automatically on the issue as well as records of job creation in Massachusetts should be on the table. Thank God, they did not equivocate on my position. And the rest is now history. See "Obama: Citizen United, Invisible Resistance and the Hacking of American Democracy" published on the Blog on June 8, 2012.

Everything about Nigeria and how to make it a great country as God divined it to be are available on this Blog - written exclusively by me and me only, without any outside editorial or proofreading support. And I take full responsibility for any typographical and semantic errors you may come across on the Blog. Yes, I am tested. And my ideas work. Therein, lies my confidence. I thank every one of you for coming this far with me and for being a part of this Blog. It has been a wonderful twenty-eight months of intense brain work and invaluable lessons in vocabulary and public affairs. Please do not feel despaired and despondent about the Nigerian project. We shall definitely overcome the madness of the moment.  And when we do, the best and the brightest among us will emerge at the center stage - not on the basis of who our godfathers are or on the basis of our last names, but on the spirit and genuineness of what we stand for and hope for in our beloved nation - Nigeria. That is the next chapter - the beginning of redemption and regeneration. 


The "Cluelessness" of the Progressives


I wrote on this Blog more than a year ago that the fact that Nigerians are seemingly dissatisfied with PDP, does not automatically translate to acceptance of APC or any of the other political parties as the better alternative for Aso Rock. Each has to make its own case for acceptance.

Is APC making a case for acceptance or for a better alternative since registration? No. They ran after the Femi Fani-Kayodes and the uncontrollable rebels within the PDP. Where is Femi Fani-Kayode today? He might not have completely relocated to PDP, but he is certainly not with APC. What about notable figures like Babangida Aliyu, and Lamido? They are back to PDP unconditionally.

Most vocal progressive commentators in the social media saw it coming, and they wrote copiously about the urgency for APC leadership to embark on speech making tour round the country - propagating a refined progressive narrative that will sync with the desires and aspirations within the heart and soul of every Nigerian. But Tinubu and Buhari didn't see it that way. And disappointingly, not even El'Rufai saw the need to embark on a grass-root campaign - lecture tour. 

For instance, Governor Fashola's speech at the Abuja APC Conference is more appropriate for a neutral audience. It's all about progressive narrative, which presently, is missing. Who was at the Guide of Editors recently? Senator Jubrin Aminu was. That would have been an appropriate forum for an El'Rufai or Fashola to make a good presence - making a case for a new direction in our political system.

Few days ago, I published an article on this Blog following the massacre at Nyanya Bus Stop, in it; I made a call for a Mandela and a Martin Luther King Jr. in the Nigerian polity to advance peace and tolerance. Few days later, some group decided that indeed we have a Mandela managing our political system as per the commercial some group ran on NTA.

Several times, I have seen my statements on this Blog repackaged to suit the philosophy and goal of the President's speech writers. It is a new world. In 2012, I wrote a piece on the Blog, titled “Where are the President Men”, in the piece I argued that Dr. Ruben Abati, standing alone and with his Press Releases cannot withstand the onslaught of the media – both print and social – on President Jonathan and his Presidency. Immediately that piece came out, they went for Dr. Doyin Okupe. Now they have Reno Omokri, Gulak, Maku, and Olisa Metuh engaging on aggressive PR campaign, taking APC and its leadership apart with enthusiastic abandon. Yes, Mr. President and his boys are winning, when it comes to taking advantage of the free materials available in the social medial.

In the beginning, APC could boast of more followers and sympathizers than any other political parties in Nigeria in the social media. The resentment towards PDP was real. Way back in 2012, I initiated the call for a hand shake across the Niger and Benue between southern progressives and northern mavericks and intellectuals. Thank God it happened, and a party was registered. However, what we have today is a political party dominated by individuals who are not known to be progressives in their actions or utterances. The emerging southern progressives and northern mavericks and intellectuals are visibly absent within the new coalition.

Once, a social media commentator/columnist questioned the reasonableness of APC aggressive pursuit of PDP rebels. Few days later, in a long rebuttal, a writer, writing as an insider argued that APC needs these established rebels from PDP because of their established supporters. My position is that PDP rebels are nothing, but rebels. They are not progressives. You do not need them to build the great progressive grass-root political party most of us have in mind. They left PDP, not on the basis of disagreements arsing from how to make things better for Nigerians, but simply on the basis of their defeat in the power game within the party. Its all about Jonathan, and how to kick him out of Aso Rock.

Take Jonathan out of the picture: What makes you different from PDP? What are they doing wrong now that you want to do differently? Take that message directly to the people, campuses and public places. Not PDP rebels.

Today, APC has less new followers and sympathizers than when it was newly registered. A situation where most commentators in the social media only criticize PDP and President Jonathan, without actually supporting APC is very troubling. In the absence of credible candidates and refined messages, the incumbent is sure of victory.

Here is the deal: If APC cannot get their act together soon, and overcome the tag of a Muslim or Islamic party that the indefatigable Professor Emeritus Femi Fani-Kayode clandestinely attached on them in his two-part series, come 2015, Nigerians will rally round a sitting President and overwhelmingly vote him back into office. At that time all of you bloggers, commentators, pundits, glorified advisers and wordsmiths propagating shoelessness and cluelessness would realize that you are the naive and clueless bunch, after all. 

Disclosure: I like Mallam El'Rufai - he is creative and pragmatic. He is tested, and without any doubt, an achiever. I do believe that given the chance, he would make a great President. About two years ago, I devoted about two thousand words to endorse him as a candidate for the Progressives for the 2015 Presidential race. However, I pulled the endorsement a year later, when I realized that Mr. Rufai is seemingly not ready for prime time. That was how my involvement in the Progressive Movement frizzled.


Tuesday, April 22, 2014

Jonathan's Legitimacy and the Absence of Value Judgment in the Polity.

Boko Haram's demands are not new to us. For a start, Nigeria is a secular state; therefore, any form of extorted or forceful religious indoctrination of the unaffiliated is treasonable - an act of war against the sovereign. And it should be treated as such. Two, President Jonathan was duly elected, and as the Vice President, he has every right to step into the vacated office that came up following the death of President Musa Yar’Adua. His legitimacy is unequivocally unquestioned.

The truth is that the zoning formula adopted by the PDP during the primaries, ceased to be of any legal or logical relevance once President Yar’Adua and Vice President Good Luck Jonathan ran, won, and sworn in as President and Vice President respectively. So, on the death of either the President or Vice President; it is the constitution of the Federal Republic of Nigeria that defines succession process, not the zoning law or formula that was adopted by PDP during the primaries. President Jonathan's right to worship or serve his God the way he chooses is a protected right. Three, demanding that the President must convert to Islam and that Sharia Law should supersede any other law in the land are rickety and ridiculous at best.

Four, President Jonathan yielded to the demands of the northern elders and made Sambo Dasuki, a distinguished retired Military Officer, and infect, one of their own, his Security Adviser. Then he agreed to dialogue with leadership of the sect. In addition, and contrary to all expectations, he dangled offer of amnesty before the sect and their sponsors. Yet, nothing could avail them to disarm. And in the process, millions of Naira was squandered romanticizing with bogus groups masquerading as Boko Haram or its affiliates.

Five, there is no similarity between Boko Haram insurgency and militant activities in the Niger Delta as some maverick/intellectuals want the world to believe. With respect to the militants’ activities in the Niger Delta, late President Musa Yar’Adua and his emissaries were able to meet with ascertainable names and identifiable personalities to negotiate agreements that were mutually beneficial to all parties involved.

So, as we move towards a new era in the war against Boko Haram, Boko Haram sympathizers should stop the comparison. One is fighting a just and legitimate battle following years of neglect and desecration of their environment by careless multi-national oil companies and by Federal Institutions dominated by Nigerians who do not know what it takes to survive on contaminated water and polluted air. The other is waging a war of attrition, diabolical and unfathomable, hiding under the cover of darkness, killing and maiming defenseless Nigerians mercilessly.

And six, 2015 is around the corner; lets the voters make their voice heard. It is high time credible candidates – if there are any out there - stand head and shoulder high and step into the scene for a run against President Jonathan in 2015. Until he is defeated at a popular election, he is our President, imbued with all the respect and perquisites deserving of that office. Anything to the contrary is a call for anarchy.

He is clueless, so goes the popular saying in and around the social media. If that is the case, one would have thought that by now, given his vulnerability, the political environment would be abuzz with campaign slogans and names of potential Presidential candidates from the other political parties. In other words, he is an easy target - one very easy to take down. Surprisingly, none of that is happening. So far, the field is bereft of quality candidates. The Presidential election is about a year from now, and the only Presidential candidate standing is President Jonathan.

Anything but Jonathan as most commentators want us to swallow is not good enough. Nigerians want to see credible and quality candidates ready to fight a good fight. This is no time for ad hoc leadership and management.  

His major critics as well as those who should be in the race right now - meeting with potential voters, interest groups and supporters, and delivering speeches all over the country - are not doing so for obvious reasons: They are stupendously rich and stupendously corrupt. They would rather gang up against President Jonathan, than enter the Presidential race and run on their list of accomplishments. It is all about credibility. And as Jesus Christ would say, "let he who is without sin cast the first stone." The Presidential election is less than a year, in spite of that, none of the more than twenty six registered political parties is yet to produce a credible candidate capable of taking down PDP. Nigerians know who President Jonathan is, but they don't know who you are and what you are bringing to the table. It is time you start making a case for acceptance. 

Friday, April 18, 2014

Tuesday, April 15, 2014

Of Real Heroes, Nyanya Massacre, and Presidential Indiscretion

The massacre at Nyanya Bus-Stop is a declaration of war on the sovereign nation of Nigeria. Boko Haram and their sponsors and their financiers are enemy combatants; therefore, they should be treated as such.

At the scene of the bomb blast, the President was reported as saying:  “I am also commending security services for their prompt action. Though we lost quite a number of people, we condole with our countrymen and women. We will continue to work very hard." Punch, April 15, 2014. Mr. President, with due respect, on what basis did you commend the security services? About 89 Nigerian died undeserving death. About 200 hospitalized, and vehicles and merchandise worth millions of Naira burnt to ashes. And you are commending the security services for their prompt action! Prompt action about what? For infiltrating the leadership of the bombers, and consequently, averting the bombing and the accompanied bloodshed? Or was Mr. President simply commending them for arriving at the scene of the accident on time to ferry the victims to the hospital?

To say I am flabbergasted is saying the least. This picture is analogous to President George Bush coming to the scene of hurricane Karina and commending Mr. Brown, his FEMA Director, for doing a hell of a job, when helpless African Americans and their New Orleans homes were completely submerged in water. Mr. President, Nigerians deserve better from you and your security team.  I am not passing judgment, but your statement is unacceptable, judging from the position of a reasonable man. It is unfortunate, and it's all part of the pervading culture of low expectations.

Granted, I have no background in military training or security training, but as a reasonable and well-informed observer, I respectfully suggest that it is high time the President review his security team. Dasuki has no reason and cannot afford to be complacent with our national security. Right now his reputation or his good name is not just at stake; it is irredeemably dented. Yes, I know Nigeria is at war with unknown enemies. Yes, I know the spirit of patriotism demands of us to rally round our President and members of our Armed Forces in time like this. In the same vein, the spirit of patriotism also demands we speak truth to power, not just in the face of tyranny, but also in the face of complacency. I beg to move

The Pikin wey say 'im Mama no go sleep, 'im too no go sleep. It is high time the President and his security team resort to the nuclear option - adopt the Obama strategy at full blast. Take the fight straight to the bedrooms of known and perceived enemies as well as to the bedrooms and places of business of known and perceived sponsors and financiers of the sect. That’s not negotiable. They are individually and collectively enemy combatants.

The mangled cadavers at Nyanya Bust Stop were once those of dear fathers, mothers, sisters, and brothers. Until Boko Haram, their sponsors and their financiers surrender and disarmed; they deserve no less decapitation than what we saw at Nyanya Bus Stop and all over Middle-Belt and North East in recent times.

A few years ago, Nigerians at home and abroad were branded by the international media as the happiest people on earth. Not anymore. In recent times, peace has eluded us at a level unprecedented in the history of our creation as a nation-state. Kidnapping for ransom is now one of the most lucrative professions in the South-East and in the South-South regions of Nigeria. In the South-West, cultism, and marketing of human parts, grotesque and repulsive as that may sound, are now the order of the day. In the Middle Belt and in the southern part of Kaduna, counting cadavers has become a daily routine. In and around Borno State, it is completely a different story: A war of attrition at its ugliest form.

The once metropolitan Maiduguri is now in total ruin - a once vibrant and welcoming city, reputed as the epic center of the famous Kanem-Bornu Empire is now in total 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.

Indeed Mohammed Yusuf, the leader or founder of the sect died mysteriously while in the Police custody. And I wholeheartedly empathize with the sect for his death. Unresolved as the circumstances surrounding his death are, what is not in doubt is the fact that two wrongs don’t make a right. That being said, there is no justification, legal or ethical, moral, conventional or customary; to explain or justify the wanton brutality and gruesome death visited on innocent commuters at Nyaya Bus Stop.

Of Heroes and Redemption:

As the security situation deteriorates, we should not allow partisan political expediency to cloud our sense of judgment, pretending that all is well. All is not well. Nigerian is at war with unknown enemies. We must stand together and fight together and take the fight straight to Chad and Cameroon borders. There is a general perception that the military and the Presidency are complacent in the face of unbridled slaughtering of defenseless Nigerians by the sect. A development that seemingly emboldened the sect. 

Nigeria deserves better and the Muslim faith deserves better. It is time we seek redemption and embrace tolerance and forgiveness or step up and fight a just war. It is time real people with genuine intent for peace stand up, talk peace, and be counted.

President Nelson Mandela was locked out of civilization for the better part of his adult life by the Apartheid Government in South Africa, but when he came out, rather than agitate for retribution for members of the apartheid government, he asked for truth and reconciliation.

Every politics, the saying goes, is local. Nigeria fought a bloody civil, and at the end, there was no victor and there was no vanquished. There was the unreasonable treasonable felony trial, and at the end, Nigeria was still standing.

Nigeria needs great men and women right now - serious thinkers and real leaders like Sadat, Martin Luther King Jr., Mandela, and Begin - to seek consensus and restore peace to troubled spots.

Sadly, the struggle and the accompanying narrative are not in any shape or form about freedom or consistent with political or economic emancipation movement championed by Mandela and Martin Luther King Jr. It is something different.

It is not what Mahatma Gandhi lived and died for. It is not what Mother Teresa preached. And it is not what President Nelson Mandela suffered for and went to jail for. It is something else – something fundamentally and radically different in scope, style, and goal. That is our dilemma. We don't even know who we are fighting. Nevertheless, one thing remains clear: Those who live by the sword die by the sword. The earlier the leadership of the sect and their sponsors surrender and make atonement for the innocent blood they shed the better it is for everyone. Sooner or later the whole truth will be out.

That being said, any extorted religious 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 mobilize every resource at its disposal to defend threatened rights. Our desire and our love for the good life, intellectual and educational pursuit, freedom of worship, and the pursuit of happiness shall not be compromised. 

Never, never; we will never compromise on those things that we hold dear to our heart. 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, and the way we want. Not now, not any time. We will never surrender in our search for equal rights and justice – an egalitarian society where economic drive and social welfare initiatives are as relevant as religion and ethnic considerations. Let’s get to work, guys. We deserve better.

Happy Easter to everyone.


April 14, 2014.

Tuesday, April 8, 2014

Vice-Presidential Succession, State of Origin, and Federal Character: Overcoming Some Fundamental Flaws in the 1999 Constitution:

INTRODUCTION

The 1999 Constitution of the Federal Republic of Nigeria has in it some sections with fundamental flaws requiring forensic review and amendment. Chief among them is Section 146 (3), which vests in the President the power of appointment of the Vice President in the event of vacancy in that office, but subject to the approval of the graft prone National Assembly. In my humble judgment, I strongly believe and hold that it is more reasonable, and in fact, will in no small measure, strengthen transparency and consistency in the body politic, if the next in line to occupy the vacated office of the Vice President or Deputy Governor as the case may be, is clearly defined and ascertainable in the constitution.  The next troubling section is Section 14 (3) covering Federal Character, designed to promote unity and loyalty of the subjects to the nation-state. To all intent and purposes, Federal Character was actually designed to ensure equitable distribution of power between the three dominant tribes and the minority tribes. Sadly, Section 14 (3), as consistently and selfishly interpreted and applied over the years, engenders in one region or three dominants tribes a sense of misplaced arrogance and entitlement - a protected right so to speak. Consequently, exacerbating mistrust within the citizenry and disinterestedness in national pride, unity, and values. Next, is Section 15(2) covering state of origin. The section, as written, promotes social integration and prohibits discrimination on the basis of race and places of origin. For a fact, Nigerians are not so much aware of the existence of this section in our constitution, because its exact opposite suffices in every facet of our national engagement. No Nigeria today is a citizen of his or her place of residence; the state of his or her village is where he or she belongs, contrary to the intent and purposes of Section 15 (2). Similarly, children born in a particular state to parents who are not native born of that same state are considered non-natives like their parents for purposes of University admission, government employment, and enlistment into the Nigerian Armed Forces and the Nigerian Police Force. Section 15 (2) was designed to promote social integration, not disintegration.

I will address each section in detail and in sequence from a public policy perspective, and as always, proffer solutions as appropriate.

(1) VACANCY IN THE OFFICE OF THE VICE PRESIDENT:

Section 146 (3) provides:
Where the office of Vice-President becomes vacant:-
(a) By reason of death or resignation, impeachment, permanent incapacity or removal in accordance with section 143 or 144 of this Constitution;
(b) By his assumption of the office of President in accordance with subsection (1) of this section; or
(c) For any other reason, the President shall nominate and, with the approval of each House of the National Assembly, appoint a new Vice-President.

I became aware of the existence of Section 146 (3) (C) of the constitution following the death of President Yar’Adua, when the newly installed President eventually selected Governor Sambo of Kaduna State as his Vice President. I was not amused about the selection process. I honestly thought that the President acted illegally, believing that David Mark, the Senate President, is next in line to step into the vacated office of the Vice President, until my brief consultation with my constitution taught me that the new President acted within his constitutional limitations.

Nigeria has come of age, if not; Nigeria ought by now to come of age. Our constitution should be unambiguously definitive of the person next in line to occupy the office of the Vice President in the event of vacancy pursuant to Section 146 (3) (a) and (b) of the 1999 constitution. In that case, filling the position should not be by appointment or arbitrary selection by the President, but by succession process, succinctly articulated in the constitution and the designated individual known to every Nigerian. The same standard should apply with respect to selection of the Deputy Governor in the event of vacancy.

The Unreasonableness of the Legislative Intent of Section 143:

The fact that an action is legal doesn't make it objectively right or reasonable. The political merit or the underlying intent of Section 146(3) is to safeguard and perpetuate the tribal or regional origin of the occupant of the office of the Vice President to the extent that in the event of any vacancy therein, the President, in filling the vacancy, would not go beyond the tribe or region of the previous occupant.  That was the goal for reserving that power of appointment in the Presidency, knowing full well that the President will not go beyond the tribe of the former Vice President in the event of vacancy in the office, or go beyond the tribe of the President, assuming the President died, impeached or stepped down, thus creating vacancy in the office of the Vice President. Similar problem also exist at the state level with respect to filling vacant position in the office of the Deputy Governor.

The section was influenced by ethnic and geographical factors dominating Nigerian political system. Sadly, the drafters or the Military Government then did not take into account the maturity of Nigerian people and our willingness to embrace changes.  Whereas Section 15(4) of the 1999 Constitution emphasizes national interests over sectional interests, Sectional 146 (3) tends to promote regional allegiance. Section 15(4) provides: “The State shall foster a feeling of belonging and of involvement among the various people of the Federation, to the end that loyalty to the nation shall override sectional loyalties.”

Our constitution must be definitive regarding succession process by giving effect to our national interests, rather than imposing on us the interests of a political party in selecting a Vice President in the event of vacancy.

Adding to that, knowing the person next in line, not only eliminate abuse of process; it makes governing more transparent, and the succession process smooth and free of grafts and drama. To that effect, either the Senate President or the Speaker of the House of Representative be constitutionally recognized as the next in line to assume the position of the Vice President in the event of vacancy. And at the state level, it should either be the Majority Leader or the Speaker of the House.

In addition, that selection right vested in the Presidency by Section 146(3) (c) is subject to abuse, because the President has an unfettered discretion in the exercise of that power. Even though we profess a federal system of government, here, the constitution is bequeathing the Presidency with absolute power. And as John Emerich Edward Dalberg Acton and most students of Government would say: "power corrupt and absolute power corrupts absolutely."

Nigeria is not a dictatorship or a one party state. Granted the constitution was written and promulgated under a Military administration, we should realize that ours is multi-ethnic, with numerous political parties. Once   the President and the Vice President are elected they become Nigerian President and Vice President respectively. In other words, once they are sworn, they are no longer candidates for election, subject to the zoning rules and regulations of their political party. So, if for instance vacancy surfaces; lets the constitution determines the next in line. There shouldn’t be any recourse to the zoning law or the selection process that was adopted by the political party of the President and Vice President during its primaries.

In conclusion, the legislative intent of Section 146 (3) did not take into account that Nigeria is a very robust and a very dynamic society. Because the section was written to serve ethnic and a narrow interest at the expense of unity and national integration, it must be rejected by discerning minds. Empowering the President to make that selection, and reserving in the patently corrupt National Assembly the power of final approval of the selected candidate is a license to seek undeserved favor. We should look beyond ethnic considerations in our appointment process and leadership selection.

(2) STATE OF ORIGIN CONCEPT:

Section 15 (1), (2), (3), and (4) provides:
(1) The motto of the Federal Republic of Nigeria shall be Unity and Faith, Peace and Progress.
(2) Accordingly, national integration shall be actively encouraged, whilst discrimination on the grounds of place of origin, sex, religion, status, ethnic or linguistic association or ties shall be prohibited.
(3) For the purpose of promoting national integration, it shall be the duty of the State to:
(a) Provide adequate facilities for and encourage free mobility of people, goods and services throughout the Federation.
(b) Secure full residence rights for every citizen in all parts of the Federation.

Today, and as it has always been, Section 15(3) (b) is not given effect consistent with the legislative intent of the drafters. In Nigeria, a child born and nurtured in Lagos State, or River State, or Sokoto State whose parent migrated from Either Imo, Ogun or Edo State is not considered native of River, Lagos, or Sokoto State as the case may be. For instance, why must a child who has never spent more than a weekend at Esan, or Abeokuta, or Owerri where his parents originally came from, be made to write Edo, Imo, or Ogun State as his State of origin during competitive exams? By doing so, that child is going to be assessed using the same benchmark as students born and schooled at Esan, Abeokuta, and Owerri who sat for the same exams and happened to be products of the higher educational standard available in those cities.

Unless the argument for introduction of state of origin in our admission application is a generic/biological factor, which to all intent and purposes, was not. If a particular state is educationally disadvantaged, for instance, Lagos Sate, invariably, every student or candidate from the state - no matter the state of origin of his or her parents - is a product of the quality of education available in Lagos State. Therefore, such student or candidate or job applicant should be assessed by the standard reserved for Lagos State, and not by the standard applicable in the state of origin of his or her parents, for instance Edo, Imo, or Ogun.

Adding to that, Section 15 (3) (b) provides automatic citizenship cover or protection to every Nigerian anywhere in the country irrespective of his or her original place of birth. In reality, that is not the case in Nigeria of today. Prospective employees or job applicants whether in the private sector or in government, are made to enter, not their state of residence, but the state of origin of their parents. Why should a child who is applying to the Nigeria Police Force be made to get a letter from the Traditional Ruler and the Local Government Council of his or her parents? The appropriate requirements should be proof of residence and verification of address in that particular state of residence and not proof of state of origin of the child’s parent.

(3) FEDERAL CHARACTER:

Section 14(3) of the 1999 Constitution provides:
“The composition of the Government of the Federation or any of its agencies and the conduct of its affairs shall be carried out in such a manner as to reflect the federal character of Nigeria and the need to promote national unity, and also to command national loyalty, thereby ensuring that there shall be no predominance of persons from a few State or from a few ethnic or other sectional groups in that Government or in any of its agencies.”

No doubt, Federal Character and Quota System have outlived their usefulness. In light of the growing demand for disintegration and the near collapse of most of our federal institutions, no citizen or groups of citizens should be made to suffer legislative deprivations on account of place of birth or state of origin.

For the purpose of record, the legislative intent or the constitutional purpose of Federal Character was to protect minority groups from the dominance of the three major ethnic groups. But as it is today, Federal Character has been selfishly interpreted to perpetuate the dominance of one of the major ethnic groups over the rest of us. It was never designed or intended to protect the interests of Yoruba, Hausa/Fulani and Ndigbo at the expense of other tribes or regions.

Adding to that, granted that the educational gap between Western Region, Eastern Region, and Northern Region in the early 1950 to mid-60 and now, supports the ‘reverse racism’ approach in its interpretation by successive governments at the center, but to the extent that it is seen as absolutely safe to celebrate constitutional deprivations and mediocrity, it becomes abnormal and a violation of our social conscience. Therefore, it should be rejected.

That we should promote merit in our hiring process and in enlistment into the Police Force and into the Federal Armed Forces and into Unity Schools and admission into higher institutions of learning is a long overdue demand. Therefore, every Nigerian applying for a job or sitting for competitive exams, no matter his or her state of origin and place of residence should be judged, without regards to his or her race, state of origin, or geographical location. A situation where it was reasonably permissible for a University to reject a candidate because the candidate was 5 points short of the required points set for the few spots reserved for that candidate’s state of origin, even when the candidate’s score was 15 points higher than the cut-off points that was applied in admitting candidates from all other states in the federation, should be a thing of the past. In Nigeria, Federal Character, Affirmative Action, Quota System, Catchment Areas, and Geographical Spread are more divisive than unifying.

In addition, there is no tribe or region in Nigeria known to have suffered any social or economic deprivation inflicted by an act of nation-state, which would justify or support the argument that Federal Character and Quota Systems principles are necessary in Nigeria to right previous wrong. There is no doubt, the educational gap between south and north is pervasive and poses serious risk to our national integration. However, the disparity still exist due to choices made by the affected groups and political leaders in the affected region, and not because of political or socioeconomic deprivations rooted in racism suffered by Northerners or on the basis of skin color as it was the case in the United States of America regarding slavery.

(I do not want to be misunderstood here; I am not against the good people of Northern Region of Nigeria or resentful of their interests or their belief system. The educational crisis in the Northern Region is political and ideological based. It is not financial or funding related. The political leaders there are only interested in educating only the willing ten conversant and receptive of the importance of western education. So, I feel no scruple expressing my reservations over the celebration and glorification of Sharia Law at the expense of popular education).

Finally, because Federal Character did not serve the intended purpose, and because it has outlived its usefulness in the form in which it has been interpreted by political leaders and administrators, its continuation will exacerbate the harms it has already created and ultimately, jeopardize our collective quest for unity, peace, and progress. In view of the foregoing facts, Federal Character should be expunged from our constitution by the delegates.

CONCLUSION:

The legislative intent of vesting power of appointment and approval of the new Vice President on the President and the National Assembly respectively did not take into account the dynamic nature of the Nigeria state and the willingness of our people to embrace changes. Adding to that, given the blatant abuse and subversion of the letter and intent of the principle of Federal Character and the state of origin concept; there is a valid case for review and amendment where appropriate by the delegates at the National Conference in order to eradicate celebration of mediocrity at the expense of excellence and credibility. The state of origin concept as practice in Nigeria today, is antithetical of the legislative intent and the overall purposes of Section 15 (3) (b). Every child should be able to answer the name of the state of his or her birth as state of origin and not the state of origin of his or her parents. A Nigerian living and working anywhere in Nigeria should be able to claim citizenship of that state, without condition, because that is what the constitution says.  We don't have to wait for another SOVEREIGN National Conference to be convened before amending constitutional provisions that catalyze divisiveness. The leadership of the confab should remain creative and elastic in its interpretation of the President's inaugural address to the delegates, with a viewing to addressing and amending the troubling sections of the 1999 Constitution. Every Nigerian is inherently and naturally gifted and smart. Therefore, our government should abstain from applying the constitution to divide us along ethnic and religious boundaries. Creating in one tribe or tribes a false sense of invulnerability and entitlement is counterproductive - has never worked, will never work, and will continue to create fear, hatred and resentment of one another as well as disillusionment in everything federal.


Sunday, April 6, 2014

Hurrah: Obiageli (Oby) Ezekwesili and Nuhu Ribadu won APC Presidential Primary Election.

Few minutes ago, I saw myself presiding over APC Presidential Primary Election contest in Nigeria, and  Madam Obiageli Ezekwesili, an Accountant and Ivy League trained Public Administrator, and a tested Presidential Adviser, who ran with retired Police Office, Mr. Nuhu Ribadu, a Barrister of the Supreme Court of the Federal Republic of Nigeria, and a Founding Father of the Nigeria Economic and Financial Crime Commission, as her Vice-Presidential pick, won the contest to secure APC ticket for the 2015 Presidential election. As I was dropping the gavel to declare Oby and Nuhu the winner, I saw Femi Fani-Kayode, Buhari, Fashola, Tinubu, and Tom Ikimi emerging from the crowd in a celebratory mood - distributing broomsticks to their teaming supporters and popping champagne. Then, FFK came over to me, hugged me, tapped me on the shoulder and congratulated me for doing a wonderful job conducting a free, fair, and credible Presidential Primary Election for the 'real progressives.' Hearing that, I breathed a sigh of relief. I did not expect that Mr. Femi-Fani Kayode, going by his writings of late, will readily accept or be enthusiastic about an Ibo/Hausa ticket for APC. This time, he did, without any protest. What a transformation! What a detribalized progressive Mr. Femi-Fani Kayode has become. God is truly great. Suddenly, I saw everybody starring at the big screen TV hanging on the wall in the conference room. It was Mallam El'Rufai and Governor Amaechi of River State in a heated debate with Dr. Okupe and Alhaji Ali Gulak of the PDP - live on national TV. Then I heard my phone ringing. As I was struggling to grab it, I opened my eyes. I was only dreaming. 

Friday, April 4, 2014

The Nigerian Petroleum Industry Bill (The PIB): Overcoming the Gerrymandering at the National Assembly.

Introduction:

As of today, the Nigerian Petroleum Industry Bill (PIB) is languishing in obscurity somewhere inside of the National Assembly, unattended to by our honorable lawmakers at the instigation of Governor Babangida Aliyu of Niger State, the Chairman of the Northern Governors Association, and Mr. Anthony Sani, the Spokesperson for the Arewa Conservative Forum. The two gentlemen, in collaboration with some faceless powerful lobby/interest groups, want the Bill dead as written, because of a certain clause within it, known as the Host Community Fund (the PHC Fund). 

The PHC Fund is, among other things, meant to ensure against unforeseen catastrophic occurrences associated with oil and gas exploration/exploitation in the local communities, with a view to ensuring cordial investment climate, sustainable development, as well as an uninterrupted revenue stream for stakeholders. In the beginning, it was the multi-nation oil companies, most often referred to as International Oil Companies (IOCs) that posed the most stultifying heat regarding the passage of the Bill. However, after many years of negotiations, dilutions, and modifications, they reluctantly conceded. Thus, paving way for the Bill to proceed to the National Assembly. And while the Minister of Petroleum and her team were busy flying across the globe from London to Houston and to New York back and forth to market the yet to be passed Bill to the "big boys" in the petroleum industry, back home, Nigerian lawmakers, willingly turned potent tools at the disposal of adversaries of the PIB. 

That highly respected political leader from the northern geopolitical zone should now pride themselves as "PIB Killer" at the point of breakthrough is heartbroken and very difficult to digest. My purpose in this essay is not to critic PIB or to lampoon its antagonists, but to address the convoluted arguments, the anti-federalism narrative, and the superficial talking points being bandied around to kill PIB by the two gentlemen mentioned above.

A Recap:

The Nigerian Governors Forum, under the leadership of Governor Rotimi Amaechi of Rivers State, met in Port Harcourt and resolved inter alia that all the Governors must put pressure on members of the National Assembly from their respective states to expedite the passage of the PIB into law. And they all agreed.   

However, when he got back home, Governor Babangida Aliyu of Niger State who was at the time, the Chairman of the Northern Governors Forum, did a summersault. He reneged on the agreement brokered by entire the Governors Forum. He stated unequivocally that they (the Northern Governors) would have to, first, set up an advisory or expert committee to advise them with respect to the retention or exclusion of the Host Community Fund in the PIB. And until they seek and obtain the counsel of these experts or advisory committee, they will not be able to make any pronouncement on the Bill or instruct northern legislators on how to vote or proceed with respect to its passage.

From all indications, the lingering stalemate and the age-old anti-federalism talking points - collectively and individually marshaled by Governor Aliyu, Mr. Anthony Sani, and Governor Yero of Kaduna State to frustrate the passage of the Bill, as you will see later in this essay - are seemingly the handiwork of the faceless advisory/expert committee. 

So far, the Northern Governors Forum, under the able leadership of the irrepressible Dr. Babangida Aliyu, has succeeded in subduing their legislators and bamboozling them into believing that the entire PIB is written to “skew” more funds to Niger Delta at the expense of the northern region. But what they have succeeded in concealing from their gullible lawmakers or deliberately ignored to address is the source of the fund or its objectives. 

As you read, the PIB is dying slowly, and disappointingly, no Southern Legislator or Governor - not even Governor Amaechi of River State, a close confidant of Speaker Aminu Tambuwal - could come up with a bold statement in the National Assembly or at a public forum to persuade or challenge their Northern colleagues to view the Bill in its entirety instead of dwelling on a single clause for their decision. In a similar vein, I am yet to see or read from any of the opportunists masquerading as political leaders and their glorified consultants and advisers in the southern region, audacious enough or conscientious enough to challenge Mr. Anthony Sani and put a lie to his perverted indignation and undo the gerrymandering.


Those who are in a position to talk are not talking. Everyone wants to be a friend of the "north" or be seen as a friend of the north as if there is a monolithic north or as is if the antagonists of the PIB are true representatives of the north. And everyone is making friends and scheming on how to appropriate power come 2015. Meanwhile, the goose that laid the golden eggs is on life support.

The earlier this industry is regulated, the better it is for the government, the governed, and the stakeholders. It’s all about the conducive investment climate, steady income, and sustainable peace in the region. That is the fundamental goal of a PIB.

At this juncture, I want to state categorically that a PIB, without a provision for Host Community Fund, or something similar, is not sustainable - it is blatantly inconsistent with the current trends in Petroleum legislation elsewhere in the developing world. As a compromise, I would rather we eliminate the Ministry of Niger Delta and merge it with Niger Delta Development Corporation (NDDC), than to have a new Petroleum regime, without provisions for the Host Community Fund. I beg to move.

The remaining part of this essay is divided into six sections. (1) The contentious or the Host Community Fund sections of the Petroleum Industry Bill (PIB), (2) The inherent right of a nation-state to legislate over natural resources, (3) Indisputable facts, (4) Factual Analysis, (5) Moving Forward and Compromises, and (6) Conclusion.

Section 116, Section 117, and section 118 of the Petroleum Industry Bill covering the Host Community Fund (the PHC Fund):

116. Establishment of the Petroleum Host Community Fund
There is established a fund to be known as the Petroleum Host Communities Fund (in this Act referred to as ‘the PHC Fund’).
117. Purpose of the PHC Fund
The PHC Fund shall be utilized for the development of the economic and social infrastructure of the communities within the petroleum-producing area.
118. Beneficial entitlements to the communities
(1) Every upstream petroleum producing company shall remit on a monthly basis ten percent of its net profit as follows -.
(a) for-profit derived from upstream petroleum operations in onshore areas and in the offshore and shallow water areas, all of such remittance shall be made directly into the PHC Fund; and
(b) For-profit derived from upstream petroleum operations in deep-water areas, all of the remittances directly into the Fund for the benefit of the petroleum-producing littoral States.
(2) For the purpose of this section ‘net profit’ means the adjusted profit less royalty, allowable deductions, and allowances, less Nigerian Hydrocarbon Tax less Companies Income Tax.
 (5) Where an act of vandalism, sabotage, or other civil unrest occurs that causes damage to any petroleum facilities within a host community, the cost of repair of such facility shall be paid from PHC Fund entitlement unless it is established that no member of the community is responsible.

The Right to Legislate Over Natural Resources:

A sovereign nation is endowed with inalienable rights – rights that are inviolate and sacrosanct. With these rights, comes statehood. A fundamental component of that statehood is the inherent rights over natural resources and the ability to make laws to regulate their exploitation and use. In a nutshell, the rights over natural resources are not only inherent but are fully protected by the United Nations General Assembly Resolution 1803 (XVII) of December 14, 1962 - “Permanent Sovereignty Over Natural Resources.” This section provides for freedom to negotiate and freedom to enter into investment agreements with local and international investors while providing a safe harbor for the expression of fundamental human rights, and the pursuit of happiness by the civil society – the host communities. Nigeria is not an exception.

God gave us the Niger Delta and its communities with all its natural resources for our use and enjoyment. And it is mandatory on the part of the Nigerian Government to explore and exploit the natural riches for the use and enjoyment of present generations, and at the same time, making reservations for the needs and use of the unborn generations who would have no other land, except the Niger Delta, to call their own. It is called the sustainable development of natural resources. That is the goal and essence of a modern Host Community Fund.

The approach these days, given the protracted relationship between host communities and host governments on the one hand, and between the host communities and IOCs on the other, is to develop a package or framework for meeting the expectations of the host communities. It is all about the local communities and social license. That is the first step to ensuring an uninterrupted flow of revenue to investors as well as a steady influx of taxes and royalties to the host nation.

The arithmetic of the PHC Fund as presently structured in the PIB is free of ambiguity. Its fundamental goal is to provide insurance against unforeseen catastrophic occurrences associated with oil and gas explorations.

In addition, it provides remedying effects for the social and economic deprivations that the natives contend with daily. The PIB is a beautiful law; we should not hold the entire Petroleum Industry in hostage because of a single provision. We can do better. A new energy regime, without any provision for meeting the expectations of the local communities, is unsustainable.

In the words of Professor Luke Danielson, a notable scholar in the crusade for sustainable development of human and mineral resources in mineral resource-rich regions of the world: “Truly successful projects must be successful for investors, local communities, and host national economies. Increasingly, it appears that there is little opportunity for success in one of these dimensions without success in all of them. A project that has terrible results for investors is not going to benefit anyone else very much. A project that burdens the government of a poor country with all kinds of costs of social dislocation and environmental problems while providing little or no revenue to deal with them is likely to have a long list of other problems. The idea that the company is going to be highly successful at meeting its own expectations without meeting the expectations of other key players is increasingly difficult to accept.”

In other words, success is defined in the context of the scale an investment benefits investors, local communities, and the economy of the host nation – it must be all-embracing for enduring peace.

What is required, therefore, is a fundamental framework (a Host Community Fund, if you want to call it that, but I would have rather we label it “Land and Water Reclamation Fund), developed with a view to ensuring the availability of funds for future generations as well as in the event of unforeseen catastrophic occurrences in the host communities. That fundamental framework must be explicitly embedded in the emerging PIB regime. It is a deal-breaker.

As of today, that emerging trend seems to be at variance with the philosophy of the major adversaries of the PIB. So far, Governor Babangida Aliyu and Mr. Anthony Sani have succeeded in their toxic arguments concocted by their expert/advisory committee to imperil the passage of the Petroleum Industry Bill (PIB). These two gentlemen in concert with Governor Yero of Kaduna State and other influential interest groups operating behind the scene would rather the PIB died in its entirety than see the retention of the Host Community Fund or any section of the Bill benefiting the oil-producing areas.

At this juncture, I want to state categorically that a PIB, without a provision for a PHC Fund, or something similar, is inconsistent with the current trends in Petroleum legislation. I would rather we don’t have an energy bill, than to have one, without a provision for insuring against unforeseen development in and around the oil-producing communities.

Indeed, President Goodluck Jonathan’s election as President of Nigeria is important symbolically, but Niger Delta cannot overcome 50 years of abuse of federal character and 50 years of unbridled corporate irresponsibility and 50 years of environmental degradations, and 50 years of indiscriminate destruction of their aquatic resources by multi-national oil companies and the Nigerian Federal Government.

Yes, they survived 50 years of neglect and deprivations. That is a fact.

They were fishermen, they were into rubber and they were into the timber industry. They were industrious, self-secure, and self-sufficient. They were loyal landlords, until the uninvited quests confiscated their land, took away the riches of their earth, and imperiled their means of survival.

And yes, they produced and drank ogogoro, but there was no drunkard and no insane delusional or hopeless mind rummaging the swampy landscape scavenging for a piece of the black gold simmering from crevices along the pipelines.

IOCs and the Federal Government of Nigeria took their humility for granted and left them economically pulverized.

There was no burning, and there was no looting. There was no kidnapping of white men and not so white men for ransom. And there was no lamentation of force majeure by Shell, or BP, or by Chevron.

These companies cleaned up their mess in the Gulf of Mexico and elsewhere in the developed and developing world; they must be made to clean up their mess in the Niger Delta. If it is the Host Company Fund that is the best we can do for now, it is a good start.
That is not too much of a demand.

The demand for the integration of human rights and human development within the framework of every investment agreement relating to natural resources is not just an intellectual exercise. It is real and achievable if diligently pursued.

The earlier our Federal Government and foreign investors embrace and acknowledge the interests and concerns of indigenous people and inculcate those concerns into their final investment agreements, the closer we are to peace and sustainable development in the mineral producing communities in the Niger Delta. Nothing enriches shareholders' value more than sustainable income and a peaceful investment climate.

It is our firm belief that any State Governor who has an interest in life, liberty, freedom, and fundamental human rights of others, especially people living in and around oil rigs and gas pipelines; any State Governor with genuine concern for living things, creatures, and the environment in and around gas flaring locations; any State Governor who appreciate peaceful investment climate and cordial business relationship with local communities, should not prevaricate on those issues that matter most to the petroleum-producing communities. The late President Musa Yar’Adua set a good example worthy of replication.  

Indisputable Facts:

The talking points being bandied about to kill the PIB by Governor Babangida Aliyu of Niger State, Governor Yero of Kaduna State, and Mr. Anthony Sani of Arewa Conservative Forum are consistent with the line of arguments they contrived to kill the free education proposal many years ago - it will lead to widening the existing educational gap between North and South. In the words of Mr. Anthony Sani, “I think those clamoring for such funds must be reminded that we cannot claim one country and live as if we are on different continents. The concept of nationhood presupposes bringing people together to enable them to live up their synergy for common good. And that is why the reduction of gaps in development and income is not only good politics but good economics as well.” - Sunday Punch of July 28, 2013.

Once again, in the world of Mr. Anthony Sani, it’s all about the “reduction of gaps in development and income.” Unfortunately, the large-scale ecological devastation and the attendant adverse economic hardship that the people of the Niger Delta have endured for years and will continue to endure are irrelevant. Killing the PIB, as Anthony Sani is crusading, is another way of saying: unforeseen environmental catastrophes, as we have witnessed in the Niger Delta over the years, are figments of one’s imagination. In other words, the Bonga oil spillage did not happen.

With all due respect, Mr. Anthony Sani’s reduction of gaps in income and development argument, illogical as it is, is inconsistent with true federalism and it reinforces the view gaining ground in the global energy cycle that, indeed, oil is a curse to developing countries, especially the Nigerian Niger Delta.

Also, you will see similar language in this report by This Day Newspaper of August 06, 2013: “Niger State Governor, Dr. Mu’azu Babangida Aliyu, and his Kaduna State counterpart, Alhaji Ramalan Yero, had opposed the provision of 10 percent host community fund in the PIB positing that it may negatively impact their fiscal position by skewing yet more resources to the oil-producing states."

I want to repeat; that was the same argument northern intellectuals put up successfully in the 70s to kill the introduction of free education by the federal government - it will skew more funds to the south, in light of the fact that northern parents are not favorably disposed to the western value system. That was the argument. In hindsight, they were wrong then, and they are wrong today. Boko Haram insurgency and the Almajiris population explosion remind everyone that it was a wrong argument and a faulty premise to defeat free education at all levels.

So far, they have succeeded in stewing up the debate to strengthen their perverted logic.

It is irrelevant that the funding (the 10 percent) of the Host Community Fund is from Oil Companies.

It is irrelevant that financing the Host Community Fund does not in any shape or form constitute a drain on the Federation Account.

It is irrelevant that financing the Host Community Fund does not by any stretch of the imagination alter one bit the mandatory monthly allocations from the Federation Account to any of the local government councils or states of the major antagonists of the PIB. As long as the funding benefits the oil-producing states, in the opinion of Governor Aliyu and Mr. Anthony Sani, it is a bad law.

While the PIB languishes unattended in the hands of our lawmakers at the prompting of the Northern Governors, gas flaring is continuing unabated in the Niger Delta, with all its associated environmental impacts and socioeconomic problems.

And yes, as the Bill languishes unattended in the National Assembly, those who are in a regulatory position to take action in the energy sector are watching helplessly. Worst still is the fact that the entire Nigeria Oil and Gas industry is being held hostage because of a single clause and at the instance of a bunch of political careerists.

Factual Analysis:

First and foremost, financing the PHC Fund is independent of the Federal Republic of Nigeria. I want to emphasize that point. Also, the Fund does not by any stretch of the imagination cut into the funds accruing to the various states and local councils from the Federation Account. I also want to emphasize the fact that funding is from the net profit made by oil companies – local and international. That is it. But Mr. Anthony Sani is not buying any of those indisputable facts. He is vehemently and unambiguously demanding “reduction of gaps in development and income …” not minding the social and economic dislocations associated with oil spillage as well as the prolonged ecological ills characteristics of gas flaring.

With respect to the Host Community Fund, what the Governors are not telling their supporters is the source or sources of the “skewed” fund. And to say that funding may negatively impact their financial position is as illogical as saying gas flaring is a common occurrence in Niger or Kaduna State - which is a known fallacy.

In addition, making more funds available to oil-producing communities is not enough to assuage the communities for years of unbridled corporate irresponsibility perpetuated by IOCs and our federal institutions.

Making funds available to oil-producing communities from outside federal sources to ensure against unforeseen environmental occurrences prevalent in oil-rich regions does not constitute a cut into the revenue accruing to Niger State or Kaduna State from the Federation Account. Common guys, get the facts right.

Another argument put forward by Mr. Anthony Sani is that the oil-producing states are not spending their allocations wisely. In his words, they are using the funds “to build their state capitals and airports.” Even if that’s the case; it is legitimate. It’s all about sustainable development – developing infrastructures is a component part, and in fact, the core foundation of an expanding economy.

At this juncture, I want to remind Governor Babangida Aliyu, Governor Yero, and Mr. Anthony Sani that every state in a federal system has every right to develop at its own pace and to spend its funds as to the dictate of the realities on the ground in his or her own state.

At this juncture, I want to remind Governor Babangida Aliyu, Governor Yero, and Mr. Anthony Sani that every state in a true federal system has every right to develop at its own pace and to spend its funds as to the dictate of the realities on the ground in his or her state.

No one, I repeat, no one has questioned the resourcefulness of the Kano State Government in its yearly ritual in the name of group marriage for runaway lovers, who, history has told us, are incapable of sustaining the marriage forced on them. If that is the best the State Government could do to alleviate poverty and social unrest in Kano State; it is a worthy undertaking, in light of the realities on the ground – realities unknown, for instance, to the Governors in the oil-producing states who, in the instant case, are allegedly building airports and state capitals.

On a similar note, that principle of true federalism is consistent with funding of State Police and the implementation of Sharia Law in most parts of the northern region by the State Governors. That is the true essence of true federalism – the ability of each federating state to develop in its own space – channeling its resources to areas that best suit the needs of its people.

With respect to deepwater exploration/exploitation, there should be a dividing line where the littoral states and the federal government should exercise joint ownership and where the Federal Government should exercise absolute control – that is without sharing with the Littoral States. Exercising joint control or ownership over proceeds from the defined boundary in the deep-water by the littoral states and the central government is not uncommon.

I would like to remind Mr. Sani, who, no doubt, is the major antagonist of the littoral state's funding, that in the event of spillage, as was the case in the US Gulf of Mexico a few years ago, it is the Littoral States that suffer the most hardship, ecologically and economically speaking. Tourism along the Gulf coast of and the entire seafood industry of the Littoral States went under following the massive spillage.

Back at home, our Fulani brethren who are involved in Cattle rearing and animal husbandry are reputed for traversing thousands of hostile and treacherous terrain sourcing for greener pasture.  It is the same story as those involved in the seafood industry in the oil-producing communities. Traversing the deep water for bounteous harvest is the name of the game. Yes, Littoral States should not be excluded from benefiting from the proceeds of the exploratory activities going on in the deep-water around them. They are naturally placed to suffer economically in the event of oil spillage and related disasters. We should not wait for such a disaster to erupt before sourcing for funds.

Moving Forward:

For a start, most oil-producing countries do not have a Ministry of Niger Delta and Niger Delta Development Corporation (NDDC), catering to the same region. But most of them do have a fund, set up to address unexpected ‘catastrophic occurrences’, spillage, decommissioning exercises, and something for the community to fall back on when the oil companies vacate the land. That’s where the Host Community Fund comes in. In most jurisdictions, it is not a fund for immediate use, but for the future and for the younger and unborn generations coming into the oil-producing communities or communities that were once endowed with oil and gas.

As I said in the opening statement in this section, NDDC is best suited to represent the interests of the Federal Government in meeting the demands and the expectations of the host communities that are not adequately addressed by the state government. Adding the Ministry of Niger Delta to the field was to assuage the region for the massive deprivations they suffered under past administrations. It was a massive effort designed to overcome the endless pains, anger, and resentment of the Federal Government. It was a massive measure to remedy the massive failure of the Federal Government in the region, but in the process, it creates overlaps. The need to coordinate efforts of all the government agencies on the ground, with a view to ensuring accountability cannot be overemphasized.

On that ground, I respectfully hold that NDDC as presently structured is capable of representing the interests and the economic objectives of the Federal Government in the Niger Delta. In that case, the Ministry of Niger Delta should be eliminated, and systematically merged with NDDC. The truth is that there would not have been any need for a Ministry of Niger Delta if past administrations understood the true essence of sustainable development and accountability. We can eliminate the Ministry of the Niger Delta, but retention of the PHC Fund in the PIB is sacrosanct.

The arguments propounded by Governor Aliyu and Mr. Anthony Sani to frustrate the passage of PIB are not new to us – they are enticing but inherently superficial. They do not serve any useful benefit to anyone or any region in the long run. The war against free education at all levels in the seventies and the accompanied explosion of amajiris population in the northern region bear witness to that conclusion.

Conclusion:

The PIB is a beautiful law and I do recommend it for everyone to read. There is more to it than just the Host Community Fund. Let’s join hands to rescue it from the stranglehold of Governor Aliyu and Anthony Sani. We cannot afford to do less. President Jonathan and Governor Amaechi of River State, for the moment, should set aside their political differences and collaborate to ensure the passage of PIB as soon as possible.

At this juncture, it is worth emphasizing that the PIB war is no longer a battle for the NNPC or Ministry of Petroleum, or the Department of Energy to fight. This is a deliberately contrived political impasse that is counterproductive and blatantly inconsistent with the true essence of federalism. Therefore, it requires vibrant and coordinated political muscles and multi-dimensional counter-attacks for the Bill to sail through the hearing process in the National Assembly.

Oil is our major income earner; until we effectively manage peace in that part of the country and with genuine intent, no State Governor is safe and no Local Government Chairman is safe. Let’s strive to move beyond regional considerations and demagoguery in our legislative process. Late President Yar’Adua was very much aware of the repercussions of gerrymandering, which informed his pragmatic approach and a willingness to do what no one has ever tried in the region – negotiate and consent. And it works. Let’s pass the PIB into law now and dedicate it to his memory. If that is the best we can do for him at this point in time, it is a welcome development. 

Mr. Alex Aidaghese (LL.M) - Masters of Laws of Natural Resources (Energy) and Environmental Law and Policy, Sturm College of Law, University of Denver, Denver, Colorado.  


April 4, 2014 

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