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Warri Refinery Faces Evacuation Problem, Says MD, Engineer Yakubu
By Emma AMAIZE, Warri
MANAGING Director of the Warri Petrochemical and Refining Company (WRPC), Warri, Engineer Andy Yakubu, weekend, said the company was producing at optimal level, but, is faced with a serious challenge of evacuating petroleum, kerosene and diesel because of inadequate storage space.
Briefing newsmen after a facility tour of the WRPC on Thursday, the managing director asserted the company was producing at 60 per cent capacity and out of the total 4 million litres of petroleum produced per day, two million is evacuated by truck, leaving the remaining two million.
Similarly, out the two million litres of kerosene, 1.5 million is evacuated by truck, leaving 500,000 while out of the three million litres of diesel; one million is evacuated by truck, leaving two million litres, he added.
Engineer Yakubu said the obvious reality is that if the products were not evacuated, WRPC may be constrained to stop production to allow for evacuation of already produced products, as it would make no sense for it to be producing with no space to store the products.
On the part of the company, he said it had secured and rehabilitated some facilities in its old jetty to evacuate petroleum, kerosene and diesel through coastal transportation.
He conducted newsmen round the jetty where two vessels have anchored, waiting to be loaded with petroleum, to be shipped to Lagos . Saturday Vanguard learnt that three vessels have come in the past two weeks and others were waiting in Escravos to berth in Warri.
Already, the impact of the new production capacity of WRPC is being felt in Warri where since, last month, the pump price of petroleum has returned to the normal N65 per liter and there is no longer queue at petrol stations.
The WRPC boss is, however, optimistic that with the current coastal transportation of petroleum products to Lagos , importation of fuel would be discontinued. He assured the Warri refinery was functioning well and the present production level would be increased if adequate provisions were made for prompt evacuation of products.
Source: Vanguard, 16th April 2010.
N'Delta Indigenes File Final Reply in Class Suit Against Govt
From Kelvin Ebiri, Port Harcourt
SOME Niger Delta indigenes, in a class suit against the Federal Government, have argued that their demand for resource control was not inconsistent with the 1999 Constitution or any other Nigerian law in the country.
They filed the reply in response to the Federal Government's earlier argument that demand by indigenes of the region that proceeds from oil and gas should be exclusively reserved for the oil producing states was not grantable.
The matter has been adjourned till May 24, 2010.
The insistence that resource control was tenable is contained in a final reply filed by Idaye C. Opi, Owupele Philemon, Ilamina Agada, Samuel Effik, Patrick Ederi and Emeka Dite Ojoko for themselves and on behalf of the peoples of the Niger Delta, in response to written address by the Federal Government in support of the preliminary objection to class suit N0. FHC YNG/CS/7/2010 filed at the Federal High Court, Yenagoa, Bayelsa State.
Counsel to the applicants, Idaye Opi, pointed out that in guaranteeing the principle of derivation or equitable right, the 1999 Constitution provides for at least 13 per cent in favour of the people of a given area from where the Federal Government derives natural resources.
According to him, it is simple arithmetic that "at least 13 per cent means that this derivation or equitable right can be fluctuated between 13 to 99 per cent so long as some percentage is left behind."
Opi argued that the applicants "are placing reliance on Article 21 of the African Charter to demand for a shift from 13 to 90 per cent of the total revenue on oil and gas derivable from their environment in accordance with the above constitutional provision of at least 13 per cent."
To this end, he insisted that the claim by the applicants "is not inconsistent with the constitution or any other law for that matter."
Opi observed that the government, in its written submissions on the issue, had argued that "Section. 1(3) of the Constitution provides for the supremacy of the Constitution and that any other law which is inconsistent with its provisions shall, to the extent of the inconsistency, be null and void."
He also cited government's argument on Section. 44(3) of the Constitution and Section 1(1) of the Petroleum Act to the effect that the property in and control of mineral resources such as mineral oils and natural gas are vested in the Federal Government of Nigeria.
Opi, however, contended that the same Constitution guaranteed the applicants' equitable rights to these resources in the form of the principle of derivation in the area from which the resources were derived.
He said: "It is submitted most respectfully that the Petroleum Act and its legislative companion, the Land Use Act Cap. 202, Laws of the Federation of Nigeria, 1990 are obnoxious legislations enacted by the Nigerian State to undo and over reach the proprietary interests of the applicants who are minorities in Nigeria.
"It is the case for the applicants that these two enactments are inconsistent with the clear provisions of the 1999 Constitution."
Opi pointed out that "there is no corresponding provision in the Act for compensation contrary to the contemplation of Section 44 (1)(a) of the Constitution, hence it is inconsistent."
He submitted that the "provision of Section 1 of the Land Use Act is inconsistent with the clear provision of Section 43 of the 1999 Constitution and to the extent of the inconsistency, Section 1 of the Act is null and void."
Opi added: "It is submitted with the deepest respect that this court may not declare the Land Use Act in its entirety (as an enactment) null and void. However, this Honourable Court has the power in law to declare any of the provisions of the Land Use Act as inconsistent with the 1999 Constitution.
"This is clear from a community reading of the above provisions in S. 315 (3) and 315 (5) of the Constitution and S. 1(1) & (3) thereof on the supremacy of the Constitution."
Source: The Guardian, 16th April 2010.
Romance In The Niger Delta
By Chuma Ifedi
ADAOBI is a pretty girl. She grew up in Ogwashi village in Delta State. At 26, she still lived in the village. Her father wanted her to marry one of the village farmers as a second wife. She protested. The life of a farmer is hard and rough. Adaobi wished to get away from the countryside by all means. Her mates who married in the cities looked happy and prosperous. She was anxious to move away to the city.
Her luck suddenly shone. Her aunt, Madam Iruka sent for her to come to Warri. Adaobi was very excited and left immediately. Warri impressed her: the big mansions, several saloon cars and the motley crowds. Aunt Iruka deployed her in the restaurant she owned at Randle Street. The restaurant is modest but attracted a large clientele of soldiers and policemen.
Corporal Musa attended the restaurant frequently. He liked Adaobi at first sight. Quite often, he chatted with Adaobi. The more he related to Adaobi, the more he loved her. Musa felt at home in Warri. His home in Yola is relatively conservative and dull. Musa's first choice on leaving school was to be an aircraft pilot. His interview at the Aviation Training School, Zaria was not successful. The examiners declared that his qualifications were not adequate. His scores in natural science subjects were below the required standards.
Musa joined the prisons service as a warder. He detested the atmosphere in the prisons premises. Relating to criminals was repulsive. Majority of the prison inmates appeared hardened and unrepentant. Besides, the corruption in the prison system upset him. Rich inmates were more equal than other prisoners and got away with many offences. Musa was shocked that warders usually had sex with female prisoners and sometimes impregnated them. No sanctions were inflicted on such culprits.
Musa was delighted to join the army. His promotion as corporal came quickly. He did not mind his posting to Warri despite the rampaging exploits of the militants.
Musa's duties revolved around the outskirts of Warri where some camps of militants were located. His regiment invaded the camps and flushed out militants in their den. Some soldiers were killed in the invasion, but Musa often escaped alive. Adaobi was always happy to see him hale and hearty.
Musa gave Adaobi assorted gifts in cash and kind. She also visited his cantonment at weekends. Musa was generous, affectionate and very caring. His proposal for marriage was readily accepted by Adaobi. Her father was a stumbling block.
"How do you expect me to allow our enemy to marry my daughter?" the old man questioned. "These northerners are here to destroy the Niger Delta and deny us our right to resource control." He was adamant.
Musa was disappointed and frustrated. Adaobi wept. She discovered that she was pregnant. Six weeks later, Adaobi moved into Musa's room in Warri Cantonment. The couple started life as husband and wife. Forward ever, backward never. The issue of resource control must wait for another time.
Source: The Guardian, 10th April 2010.
Fire Razes Ogbe-Ijoh Market
Written by From Ben Dunno, Warri
An unprecedented fire outbreak yesterday, gutted the popular Ogbe-Ijoh market in Warri-South Loc al Government Area of Delta State; destroying properties worth millions of naira.
Over 800 shops were razed down and valuables including passenger boats, boat engines and generating sets of different sizes stored in ware-houses. Coral beads, gold necklaces, wrist watches, assorted drinks and food stuff as well as household utensils were also other noticeable items lost to the inferno.
A similar fire outbreak, was reported to have occurred in the same market last year. But findings revealed that this year's fire incident which razed down the entire store along the coastal area in the heart of the city, was first of it kind in the history of the market.
The fire which started at about 11pm on Thursday, continued unabatedly till about 2pm yesterday rendering futile the concerted efforts of fire fighters from Shell Petroleum Development Company (SPDC), Chevron Nigeria Limited (CNL) and the state owned fire station, who did all they could to put out the raging fire.
Although, the cause of yesterday's fire outbreak could be ascertained as at the time of filing this report, those who spoke with our correspondent at the scene of the incident, attributed it to the impact of the highly inflammable petroleum products being kept in various stores by traders that engages in the business of "black narket" within the area.
While some sources close to the fire incident explained that the fire was triggered off as a result of the carelessness of a person who light a cigarette and threw the burning match stick to the direction of one of the drums of fuel, others said it was an attempt of putting up a candle in one of the shops after power failure at night led to the fire outbreak.
But according the account of the chairman of the market vigilante group, Mallam Abdullahi Doko, the fire incident occurred as a result of the power surge experienced after power was restored at about 11pm. Adding that it was this surge that impacted on one of the stores where fuel was being stored, sparked off the fire which consumed the entire area.
Mallam Doko, who attested to the fact that the fire fighters did all they could to curtail the fire on arrival, noted that it was difficult for them to put off the fire as the shops where the drums and gallons of fuel were stored, was so many in the area, making the spread of fire quick and out of control.
Recounting their losses, one of the women leader in the market, Chief Ogua Bebenimibo,said she lost all she had laboured for all her life to the inferno. Stressing that she was already sleeping at home when the report of the fire incident in the market got to her. So she was helpless as there was no car around to bring her to the market that night.
Chairman of the Boat Owners Association in the market, Comrade Yakubu Biukeme, lamented the huge loss suffered by their members due to the fire outbreak. He explained that many of them who relied on their boats for up-keep are now jobless. He appealed to the state government to come to their aid by buying more boats for them in order to continue to business.
The leader of the Fish Sellers Association, Madam Victoria Akasa, described how the fire spread across the length an breadth and destroying all their goods. Stating that the unfortunately some of them had new stocks kept in their various stores.
Meanwhile, the President of Gbaramatu Youth Council (GYC) Comrade Felix Ubebe, has expressed regrets over the frequent fire outbreak at the Ogbe-Ijoh market and urged the state government to do more in addressing the problem at the market.
While commending the past administration headed by Chief James Ibori in the completion of one phase of the market, Comrade Ubebe, urged Governor Uduaghan to look at a possibility of building a standard market in the area, to put an end to the incessant fire outbreak and also called for the completion of the fire service station close to the market.
Source: Leadership, 10th April 2010.
Orubebe warns Niger Delta contractors to perform or get punished
By Dele Anofi
CONTRACTORS handling projects in the Niger Delta have been told to live up to the expectation of Acting President Goodluck Jonathan or face sanctions.
The Minister of Niger Delta Affairs, Elder Godswill Orubebe, said this yesterday at the handing over ceremony in his office.
He said the administration has little time and that the Acting President is keen on leaving a lasting legacy.
Orubebe, alongside the Minister of State, Hon. Samuel Ode, said being among the pioneer team, existing initiatives would be implemented with renewed vigour while new ones will be added according to the expectations of the Acting President.
The minister said the resolution of the Niger Delta crisis is possible, adding: , "ex-militants have no reasons to go back to the trenches because we have seen that transformation of similar terrains around the world is possible within eight to nine months.
"All that is needed is the commitment of all and in three months, we should be able to put something on ground that Niger Deltans would know the level of commitment the Federal Government has for the region".
He also disclosed that the ministry would henceforth operates more from the states. "This time we will work more from the state, all the states offices would be made more functional because that is where we will be holding meetings with the grassroots and that is where we will be taking decisions from.
On the contractors handling projects for the ministry, he said any erring contractors that fail to work at the pace desired by the government would be sanctioned appropriately.
Earlier in his remarks, the Permanent Secretary, Dr. Yahaya Abdullahi expressed happiness over the return of Orubebe, saying, "Tte Acting President has made a wise decision knowing that being a grassrrots politician, Orubebe understands and has the will to tackle the challenges facing the region".
Source: The Nation, 8th April 2010.
Niger Delta: 'Local Content Law Can Arrest Youth Restiveness'
Written by Philip Nyam, Abuja Sunday
As Acting President Goodluck Jonathan prepares to sign into law this week the Nigeria content in the Nigeria oil and gas industry; for Nigerian content plan; for supervision, coordination, monitoring and implementation of Nigerian content and for matters incidental 2010, the House of Representatives has said the law would help eradicate youth restiveness and kidnapping.
The Chairman of the House Sub-committee on Gas, Hon. Tam Brisibe, who disclosed this in a chat with National Assembly correspondents at the weekend said that with the law, youths in the oil-producing communities shall have access to employment opportunities.
The chairman expressed optimism that the acting president would put his name in gold by assenting to the bill. He added that its passage marked a watershed in the accelerated development of the oil and gas industry in the country.
He said with law, all international oil companies (IOC) operating in the Niger Delta must establish offices in their host communities and must employ a particular percentage of indigenous youths thereby ending idleness.
Brisibe explained that in order to ensure that Nigerians interest was protected, the law provides that "where applicable before carrying out any work or activity in Nigeria, the operator after submitting a plan shall establish in the catchment area where the project is to be located, a project office where project management and procurement decision-making are to take place, to the satisfaction of the Board".
According to the lawmaker, "where Nigerians are not employed because of their lack of training, the operator shall ensure, to the satisfaction of the Board, that every reasonable effort is made within a reasonable time to supply such training locally or elsewhere"
Source: The Nation, 3rd April 2010.
Delta Establishes Four Polytechnics
ASABA—The Delta State Government has approved the establishment of four new Polytechnics in the state in line with its human capital development programme.
The Polytechnics which are expected to serve as centres of excellence are to be sited at Aboh in Ndokwa-East Local Government Area, Bomadi in Bomadi Local Government Area, Sapele, in Sapele Local Government Area, and Abigborodo, in Warri North Local Government Area.
The Commissioner for Information, Mr. Oma Djebah, announced this yesterday as part of the decisions taken at the meeting of the State Executive Council which took place at Government House, Asaba.
He explained that apart from the desire to enhance the human capital development programme of the State by equipping young Deltans with the requisite technical expertise for the development of the State, the institutions will also assist in absorbing the teaming population of qualified young Deltans unable to secure admissions to enhance their education in other tertiary institutions in the country.
The establishment of the four new Polytechnics brings to seven the number of Polytechnics owned by the Delta State Government. The previously established ones are Ogwashi-Uku Polytechnic, Ozoro Polytechnic and Otefe-Oghara Polytechnic. In addition, the State runs a College of Physical and Science Education at Mosogar in Ethiope West Local Government Area.
Mr Djebah said the State Government aims to reposition the State as the leading State in nurturing its human capital development
Source: Vanguard, 2nd April 2010.
One Man, One Vote Should Count in 2011, Uduaghan
Our Reporter
Governor Emmanuel Uduaghan of Delta State is to flag off a sensitization campaign of the people to ensure that "one man one vote" counts in the next general elections in the State.
The Governor who disclosed this at the weekend in Lagos, while receiving the 2009 Governor of the Year award bestowed on him by National Daily newspapers, said that it has become necessary to make elections acceptable in the state and Nigeria in general.
"As part of our contributions to the electoral reforms, Delta State Government will commence the campaign in a few weeks time, to educate the people on their right to cast their votes for the candidate of their choice", he stated.
He said: "It is intended to achieve a one Deltan one vote election that will be acceptable to the electorate and the observers, both from within and outside the country."
Governor Uduaghan who was accompanied to the event by his wife, Roli, was also adjudged the Most Outstanding Governor in the South South geo-political zone of the country. The event was chaired by a former Secretary-General of the Commonwealth, Chief Emeka Anyaoku.
In addition, the Delta State Governor restated that Peace and Security remained top of the administration's three point agenda stressing that the recent bomb explosions in Warri was an isolated incidence.
"Our strategy is putting the necessary structures in place and consistent engagement of all stakeholders… But even security operatives do know that you never can guarantee 100 percent security. Flashes do occur, but it is the way you manage them that matters", he said
He re-affirmed the willingness of the State to cooperate with the Presidential Committee to tackle Post Amnesty challenges, as well as gave insights into how the State has keyed into the Global Climate Change Programme to enhance the socio-economic wellbeing of the people.
In his address, the Managing Director/Editor-in-Chief of National Daily, Mr. Sylvester Ebodaghe, said the Governor of the Year Award bestowed on Governor Emmanuel Uduaghan was not an attempt to do what other organizations were doing.
Ebodaghe explained that in picking Governor Uduaghan for the prestigious award, the newspapers' Board of Editors visited Delta and other States of the federation to assess what was on ground and were convinced that Governor Uduaghan has done a lot to bring development and empowerment to the people.
Said he: "It is noteworthy that under his leadership, Delta State has remained most peaceful, focused and forward looking, thus becoming a favourite investment destination for investors from all parts of the world."
Presenting the award to Uduaghan, on behalf of the organizers, Chief Anyaoku said that what he saw when he visited Delta State recently, was far more than what was presented in the citation read on the Governor.
Former Information Minister, Prof. Jerry Gana was the Guest Lecturer at the colourful award ceremony which also featured the presentation of awards in various categories to other deserving individuals and corporate bodies.
Source: Daily Champion, 31st March 2010.
Delta Lawmakers Descend On Property Owners
Written by Kola Niyi-Eke, Asaba
Delta State House of Assembly has passed a resolution to effect that owners-occupiers of respective low cost housing across the state should move into their property within three months or forfeit their right of ownership.
The resolution, sequel to a motion moved by the Majority Leader of the House, Hon. Akpodiogaga Emeyese, also called on the state governor, Dr. Emmanuel Uduagdan, to direct the Ministry of Power and Energy and the Rural Development Agency (RDA) to extend electricity to the state Ministry of Housing Estate at Okpara Inland, Etniope East Local Government Area within three months.
The motion unanimously adopted was amended by the member representing Ughelli constituency 1, Hon. Friday Onodjae.
Leading debate on the import of the motion, Hon. Emeyese lamented that the mini-housing estate of Okpara Inland, completed over five years ago has not been put into use.
The intention of the state government in building the estate, according to him, was to alleviate the housing problem of Deltans.
Noting that electrification of the estate is the only thing left for government to fix, Hon. Emeyese said it is out of place for people to acquire such property and refused to put them into use.
He, therefore, recommended that any person who 'fails to use his property within the estate three months after electrification should lose the allocation/purchase of the property.
On his part, the member representing Sapele Constituency, Hon. Monday.
Igbuya, identified lack of good source of water as one of the problems why most government estates have not been fully utilised.
Lamenting the bad condition of some of the estates, as most of the facilities have been destroyed by vandals, Hon Igbuya called for urgent measures to save the estates from vandals.
Source: Leadership, 25th March 2010.
Delta Acquires Disputed Community Land
From Hendrix Oliomogbe, Asaba
The Delta State government has revoked the certificate of occupancy (C of O) of the disputed piece of land lying between Aladja and Ogbe-Ijoh communities and acquired it, Deputy Governor Amos Utuama has disclosed.
The land has been a source of internecine conflict and acrimony between the two communities over the years. While Aladja is an Urhobo community, the neighbouring Ogbe-Ijoh in Warri South West Council is Ijaw.
The decision was taken at meeting attended by the state Attorney-General and Commissioner for Justice, Victor Otomewo, Commissioner for Lands, Surveys and Urban Development, Raymos Guanah, Commissioner for Housing, Frank Omare and representatives of both communities.
Guanah told reporters after the meeting that the piece of land, which is a subject of litigation, measures 39.47 acres to the right and 54.87 acres to the left between Ogbe-Ijoh and Aladja communities.
Utuama explained at a peace parley between the two communities in his office that the government action was to forestall any violence arising from dispute over ownership of the land.
He added that government would relinquish ownership of the land the moment a court of competent jurisdiction makes a pronouncement on the rightful owner or when the parties amicably resolve the matter among themselves.
The deputy governor, who urged both communities to continue to live together as brothers and sisters, however stressed that while the acquisition subsists, no party should trespass on the land for any purpose.
He directed Guanah to quickly move in to demarcate the land to avoid any encroachment or trespass by anybody or group of persons.
Guanah explained however that while government is in possession of the land, it has the right to use it for any purpose that would be of public interest and would be prepared to pay necessary compensation to the rightful owner who might eventually emerge.
Indications emerged at the meeting that the two communities were ready to amicably resolve the matter among themselves, as speakers from both sides told Utuama that the two communities have lived together and intermarried over the years, and were ready to sit down and sought out their differences.
Source: The Guardian, 23rd March 2010.
The Bomb Blast in Warri
THE bomb explosions orchestrated last Monday by the Movement for the Emancipation of the Niger Delta (MEND) to disrupt what promised to be a well-organised dialogue on the lingering Niger Delta crisis was obviously miscalculated, ill-advised and completely injurious to the Niger Delta cause, just in case that is what MEND is interested in. That silly act sends a wrong signal that reduces the genuine agitation for justice and equity in the Niger Delta to acts of terrorism. It violates the moral justification for agitation against the five decades of gross injustice in the Niger Delta. That, effectively, would seem to defeat the whole purpose of the struggle.
There is no way any meaningful development can take place in the Niger Delta region without sustained peace. Whereas it is generally believed that the recently concluded amnesty programme of the Federal Government would provide a framework for lasting peace, the bomb explosions at the post-amnesty dialogue only showed that amnesty may not be the final solution to the agitation for equity and justice in the area. There is need to re-design the amnesty package for practical relevance, and for the aggrieved groups to show greater commitment to the achievement of sustainable peace.
The two-day post-amnesty dialogue, organised by Vanguard Media Limited with the theme: "Restoring Hope in the Niger Delta", was disrupted after two bombs exploded at the Delta State Government House Annex in Warri, the venue of the parley. The first bomb reportedly went off shortly after the convoy of the state Governor, Dr. Emmanuel Uduaghan arrived at the venue with his colleagues from Edo State, Adams Oshiomhole and Imo State, Ikedi Ohakim. Other notable personalities from the Niger Delta were also in attendance. The second bomb that rocked the venue which sent everybody scampering for safety reportedly went off barely 30 minutes after the chairman of the occasion, former Chief of Defence Staff, General Andrew Azazi (rtd) welcomed the delegates and the Chairman/Publisher of Vanguard Media Limited, Mr. Sam Amuka took the podium to introduce the dialogue.
The explosion frightened the delegates; state governors in attendance had to be ferried to safety by a retinue of security personnel. The blast reportedly shattered some windows and sent a billow of thick black smoke into the air. Three people were reportedly killed while several others were injured. Three cars were also damaged. The bomb was reportedly planted inside a car parked across the road opposite the Government House Annex Building. Reports that a third bomb was about to go off sent everyone running helter-skelter, creating a huge pandemonium.
The Movement for the Emancipation of the Niger Delta (MEND) immediately claimed responsibility for the blast, noting that the third bomb was stopped from being exploded in order to save lives. MEND's spokesman, Jomo Gbomo later warned that his organisation is tired of endless meetings on the Niger Delta question as well as dialogues which do not bring any practical intervention to redress the appalling condition in the area. He added that the action was a revenge attack against the Delta State Governor, Dr. Emmanuel Uduaghan who had been claiming in the media that MEND is a fictitious creation of the media. What should anyone make of this?
Reducing such important matter as the Niger Delta struggle to the level of revenge is counterproductive. It simply shows that MEND detests criticism, which is unreasonable. The Governor was reported to have said that only Gbomo Jomo didn't exist. That isn't enough reason to bomb the Government House Annex together with dignitaries attending a dialogue that was in the interest of the region.
There is no doubt that MEND's attack represents a new and dangerous dimension in the Niger Delta struggle. We condemn the use of violence as a means of seeking redress. The attack is akin to what is happening in crisis-torn hotspots around the globe where terrorists hold sway. MEND's action in this instance is indefensible; the people in attendance were mostly spokespersons for the Niger Delta cause. What if they had been harmed?
But the question should be asked: why was it so easy for MEND to breach security at the Government House Annex where important dignitaries had gathered for a dialogue, even when MEND had given prior notice of its action? There was a failure of both intelligence and security at play that is utterly shameful. But all of this notwithstanding, the truth is that MEND and similar organisations in the Niger Delta have remained belligerent due to the failure of government to act decisively on the Niger Delta question. That is the cause of the attack by MEND. Continuing neglect of the Niger Delta and over-reliance on rhetoric rather than concrete and meaningful action is bound to continue to create avoidable crisis. It is for government to begin to realise that its failure to act on the Niger Delta crisis and show evidence of progress may now and again lead to unpleasant consequences that would not be in the country's interest.
Source: The Guardian, 22nd March 2010.
Niger Delta: Dialogue, Not Bombs
By Sun News Publishing
The fragile peace in the volatile Niger Delta area suffered another setback following two bomb blasts at a post-amnesty dialogue held at the Government House Annex in Warri, Delta State, last week. The parley, put together by the Vanguard media in collaboration with the Delta State government, was meant to foster more understanding among the different stakeholders in the troubled region. But the event ended abruptly, raising fresh fears that the crisis in the region is far from over.
At least three people were confirmed killed by the explosions. Four state governors and scores of dignitaries at the conference scampered for safety as the bombs shattered the windows of the venue. Militant group, the Movement for the Emancipation of the Niger Delta (MEND) later claimed responsibility for the blasts. MEND was not part of the amnesty deal following government's rejection of the conditionalities given by its leadership under Henry Okah.
We are worried that the explosions that rocked the post-amnesty conference might be a relapse to the pre-amnesty years, which were characterised by anarchy, bombardments, bloodletting and hostage-takings. Even for an oil rich region whose citizens are painfully used to incessant bombings by different militant groups, the latest explosions amount to daring both the Federal and the Delta State governments. For the explosions to have happened at a time government was still counting its gains from the amnesty deal reached last year with the militants, is quite troublin. It brings to serious question whether government has got its strategy right in maintaining peace in the Niger Delta. The blasts may be an indication that government has failed to respond realistically to issues before and after the amnesty deal was signed.
We feel that this is the time for government to fine-tune the amnesty agreement. Government should wake up now and address squarely the festering issues that the crisis in the Niger Delta have thrown up. We have always maintained that you cannot buy peace by handing out financial inducements to militants. Incidentally, money was a key part of the amnesty deal.
Beyond that, we advise state governors in the Niger Delta region to weigh their comments carefully to avoid inflaming passions. Comments by one of the state governors in that region to the effect that MEND was not a force to reckon with was rather incendiary and needless. This is the time to talk less and do more. Indeed, this is the time to implement the recommendations of the Ledum Mitee-led Technical Committee on the Niger Delta. It is also time for the Ministry of the Niger Delta to show that it means business in the development of the region.
It is sad that the good intention of Vanguard media was aborted by the bomb blasts. Again, it shows laxity by the agencies whose responsibility it was to detect security lapses at such important event.
It is unfortunate that the amnesty deal which was a major achievement by President Umaru Yar'Adua appears to be on the reverse gear now. The crisis in the Niger Delta must not be allowed to relapse. Government should at all times demonstrate the necessary political will to resolve the contentions permanently. The ultimate solution should begin by addressing why the crisis persists despite measures already put in place. This must include equitable distribution of the revenue derived from the Niger Delta region. But dialogue is the key, not resort to bombings.
Source: Sun, 22nd March 2010.
Appeal Court Affirms Uduaghan's Election
From Adibe Emenyonu in Benin City
The Court of Appeal in Benin yesterday affirmed the election of Governor Emmanuel Uduaghan as duly elected Governor of Delta State in the April 14, 2007 elections.
The appellate court dismissed the appeal of the Action Congress candidate, Chief Peter Okocha, for lack of merit.
Okocha and his party, the Action Congress had filed eight grounds of appeal seeking to annul the election of Uduaghan on grounds that he was unlawfully excluded from taking party in the election.
The Appeal Court, after reviewing the judgment of the lower tribunal and submission of counsels in the appeal, held that the appeal lacked merit, adding: "in consequence of all we have said above, we find no merit in the appeal. We hereby dismiss it".
The unanimous judgment of the court read by Justice Monica Mensen also held that the lower tribunal came to the right conclusion that the first appellant nomination form and that of his running mate nomination were not submitted within 120 days as required by law.
According to the court, to prove unlawful exclusion from an election, the candidate must first prove that he was validly nominated, adding "In our humble view the lower tribunal cannot be faulted for holding that the appellant did not prove his unlawful exclusion."
"A candidate alleging unlawful exclusion must first show there was an election that a return was made at the election that he was issued a letter by INEC in which his name was indicated to run for the election and that his name was later removed from the INEC list" she declared.
In light of the above, the court in its consideration held that the first appellant was unable to prove them.
On the contention of the first appellant that he was given fair hearing by INEC at the lower tribunal, the court held that the issue was not raised by the petitioner in his pleadings at the lower tribunal.
On the cross appeal filed by Dr. Emmanuel Uduanghan that the judgment of the lower tribunal be affirmed on additional grounds, the court held that 12 of the first petitioners nominators were not registered voters and therefore his nomination was not valid.
"The finding indeed has a far reaching effect. We take a view that even though the tribunal did not predicate its judgment on this, this alone can affirm the judgment and we so hold." The appellate court said.
The court also held that INEC did not admit that Charles Obule was validly nominated as held by the lower tribunal.
It therefore set aside that portion of the judgment.
The appeal court judgment which was billed to commenced by 9am did not start until 4:42pm and the Five-man Justices panel apologized to the parties in the matter, explaining that they were busy tidying up the judgment which they had to write within a short time.
Reacting to the judgment, Delta State Commissioner for Information and Orientation, Hon Oma Djeba described it as 'a manifestation of justice and equity' saying "Truth and justice will always triumph over evil.
With the judgment he said, Governor Uduanghan will be more focus to consolidate on his three point agenda of capital development, infrastructure and peace.
Source: This Day, 21st Feb 2010.
Acting Presidency: Invoke Constitution,
N'Delta Women Tell N'Assembly
• Group warns against harm on Jonathan, military incursion
From Sufuyan Ojeifo, Obi Akan in Abuja and Ahamefula Ogbu in Port Harcourt
Niger Delta Women Forum has called on the National Assembly to invoke relevant sections of the 1999 Constitution to transfer presidential powers to the Vice-President, Dr. Goodluck Jonathan, as Acting President even as another group from the geo-political zone warned against military take over or harm coming to the number two citizen.
The Niger Delta Women Forum made their position known in a press statement issued by the Forum's National Coordinator/President, Mrs. Esther Uduehi, at the end of a routine general meeting at the weekend.
The Forum said that the National Assembly should put "partisan politics aside and rise to save the democratic existence of Nigeria by invoking the various sections of the Constitution and taking immediate action to transfer power to the Vice-President by ordering the swearing in of the Vice President as Acting President of the Federal Republic of Nigeria and Commander in Chief of the Armed forces."
Their position is coming on the heels of call by yet another group, Yar'Adua-Goodluck 7-Point Agenda Alliance Crusade (YAGOSPAC) that irrespective of the position of the Federal Executive Council (FEC) that President Umaru Musa Yar'Adua is still fit to continue in office, Jonathan should wake up to the responsibilities accorded him by the 1999 Constitution.
The group led by Michael Ekamon in a press conference held in Abuja yesterday said: "Having observed subterranean moves by disgruntled persons and enemies of democracy to stampede the institution of governance into unconstitutionalities, we equally urge Vice-President Goodluck Jonathan to wake up to his responsibilities because he is the Vice-President and when the President is not around, he should take charge. If he had done this, the current crisis would have been averted."
"That President Yar'Adua did not communicate his absence to the National Assembly as enjoined by section 145 of the 1999 constitution is not an issue," it said, stressing that, "even if the Vice President is not designated Acting President and if any Minister disobeys him, he should sack the person. He has all the powers, all he need do is to exercise it".
The group further observed that, "constitution or no constitution, Mr. Vice President should take charge, what s right is right; even if the constitution does not expressly state it, common sense provides that if Mr. President is not around, his Deputy should act, that is the appropriate thing to do"
"By the interpretation of section 144 of the 1999 constitution the Federal Executive Council has neither legal nor expertise powers to give President Umaru Musa Yar'Adua a clean bill of health. FEC is neither an assemblage of medical experts with expertise powers to do so nor an assemblage people vested with legal powers to say the President is medically okay, the group maintained.
In a related development, the United Niger Delta Energy Development Security Strategy (UNDEDSS) rose from its emergency roundtable weekend in Port Harcourt, warning that no harm must befall Vice-President Good Luck Jonathan, whom they said has kept to constitutional provisions of the country.
They also made a clarion call for all to rise against any military take over as was being speculated in the country while it urging all ethnic nationalities to convene mini conferences to harmonise their position on the relationship that will exist within the component parts presently called Nigeria.
UNDESS, which had a broad consultation comprising Arewa Youths Forum, Ohaneze Ndigbo and Afenifere and chaired by Alabo Tonye Graham Douglas put the tentative date for the Sovereign National Confe-rence where the future of the country would be determined middle of this year.
The forum used the opportunity to warn that what presently obtains in the Niger Delta was a peace of the graveyard capable of exploding with unpleasant consequences any moment and urged Jonathan to ensure that all agencies saddled with the prosecution of the amnesty programme of the government should swing to action to salvage the already sagging image of the government on the issue.
"All ethnic nationalities should urgently commence the process of convening their own "mini-conferences", with an aim to working out a charter for a Pan Nigerian Sovereign Conference, before the middle of 2010; which confe-rence is the only means to a sustainable democratic Nigeria where all units are respected and would have spelt out how best all units could live together, bearing in mind that when Nigeria was formed in 1914 the various ethnic nationalities were not consulted", the group said.
"There is now, even more than ever before, the need for the peoples of the Niger Delta to be united at this critical moment of a contrived constitutional crisis, if they are to take their rightful places as first-class citizens of a Nigerian Federation based on the rule-of-law, justice, equity, peace and development;
"Nothing untoward (on any dimension) should happen to Vice-President Goodluck Jonathan, who has so far obeyed the Constitution whilst, in "loyalty" President Umaru Yar'Adua, bearing all the indignities heaped on him, especially in the last sixty-plus days of national anomie.
"Any attempt by ANY group or persons to further undermine, or overthrow, the Nigerian Constitution must be robustly challenged by every citizen of this nation, employing every legitimate means, channels and platforms, at national and global levels", parts of the communiqué read.
They commended the Senate for their action though belated on the issue of ensuring adherence to the 1999 Constitution but regretted the lack luster attitude of the House of Representatives which it asked to wake from its slumber and ensure that the will of the people towered above personal considerations.
The Federal Executive Council also came under the vitriolic searchlight of the roundtable which berated them as lacking in thickness of fiber to speak the truth, wondering how they arrived at the conclusion that the President who has been bedridden and confessed to hope to leave hospital when his Doctors confirm him fit was fit enough to carry out his duties.
They agreed that enough was enough with the toying of the future of the country by politicians and insisted that Jonathan should in accordance with the provisions of Section 145 of the 1999 Constitution be made to take over the reigns of power as Acting President for peace to reign.
For smoother elections in the country, they called for the implementation of the Justice Uwais reports on electoral reforms while also, the white paper of the Niger Delta Technical Committee be published and implemented instead of setting up other committees to do nothing but waste time.
"All monies owed the Niger Delta through debts owed/calculated shortchanging of the Niger Delta Development Commission (NDDC) and the still-dormant Federal Ministry of the Niger Delta be immediately paid-up in full, and in accordance with the laws setting up these bodies [which, in tandem with the over-procrastinating Post-Amnesty Committee, are saddled with the primary mandate of fast-tracking infrastructural and human development in the still-neglected region", they said.
Source: This Day, 1st Feb 2010.
Ex-militants Ask Govt to Implement
Post-amnesty Deal
From Chido Okafor, Warri
SOME former militant leaders who attended a re-orientation programme at the weekend in Effurun, Delta State, have chided the Federal Government for the alleged shabby treatment meted on them after they embraced the amnesty deal.
They said the amnesty project was almost derailed as the government was allegedly no longer pursuing the deal with the same zeal as before and called for a change of attitude.
The erstwhile militants' reaction is coming on the heels of the announced ending of cease-fire by the Movement for the Emancipation of the Niger Delta (MEND) in the region.
The militants cautioned that if the amnesty programme was not comprehensively implemented, they could lose confidence in the government.
One of the former militant leaders who identified himself as General Idi Amin, said: "Our brothers dropped their guns to embrace amnesty but now, the government has not kept its promise. We embraced amnesty deal because we believed that peace was needed for the much-talked about development of the Niger Delta area. We have dropped our guns, let the Federal Government keep to its promise".
Another militant, who called himself Commander Gboi, criticised government's plan to train them in a formal setting, adding: "Some of us are graduates. We have had adequate formal education, we went into the camps in the first place because there were no jobs. Many of us saw amnesty as a way out but even the whole exercise is now shrouded in secrecy".
Co-ordinator of the United States (U.S.)-based group, Newstime, Mr. Tony Oyatedor, said the decision to embark on the re-orientation project was to position the people to benefit from their abundant natural resources.
He said: "We want to show the whole world that we in the Niger Delta are not criminals. Every Niger Deltan should be a multi-millionaire and not the laughing stock of the nation".
He urged the former militants to remain peaceful and patient and to work with government and well-meaning organisations to ensure that the region was massively developed.
Source: The Guardian, 1st Feb 2010.
Asaba Airport to be Ready in April,
Says Utuama
From Hendrix Oliomogbe, Asaba
AN assurance has come from the Delta State Deputy Governor, Prof. Amos Utuama, that the Asaba International Airport would be ready for use by the end of April, disclosing that 80 per cent of the job has already been completed.
Utuama, who is overseeing the airport projects and inspecting the extent of work done by the contractor, noted that the project was schedule to be completed within 24 months and that it was going on as planned.
"The effort of the contractor is commendable, it is moving beyond our expectations in terms of plan schedule. It is at the finishing stage, that is dotting the 'I's and crossing the 'T's. We are optimistic that going by the current speed, the airport will definitely be delivered by April.
"The airport was scheduled to be completed within 24 months originally. We have not exceeded the 24 months. I think we are in the 18th month now. We are quite ahead of time in the completion. From what I can see, I will say 80 per cent of the work has been done", he said.
The Minister of Aviation, Mr. Babatunde Omotoba, had during a recent visit to the airport, expressed satisfaction at the pace and standard of work being done by the state government.
Omotoba, who was accompanied by Utuama, viewed the project as a demonstration of the vision the Emmanuel Uduaghan-led administration has for the state.
He added: "First, I like to congratulate the people of Delta State for making a good choice in choosing a visionary leader in your governor who has made a wise decision by building an international airport in Asaba.
"I have gone through the work you have done up to date and I must tell you that I am very pleased. This is a good example of putting your money where your mouth belongs.
"I want to assure you and the people of Delta State that we are going to provide all the support you need to ensure that you deliver this dividend of democracy not only to the people of Delta State but also to the people of this country".
Source: The Guardian, 20th January 2010.
Council Chiefs Laud Uduaghan,
Pledge to Raise Performance
From Hendrix Oliomogbe, Asaba
THE 25 council chairmen of Delta State have, at a meeting at Isiokolo, headquarters of Ethiope East Local Council, resolved to step up their performance in order to improve the people's lot.
And for ushering in what they reckon to be an unprecedented development in all sectors of the state, they lauded and formally adopted Governor Emmanuel Ewetan Uduaghan for a second term.
The move came amid indications that Rear Admiral John Onoriode Kpokpogri, a former Flag Officer Commanding, Western Naval Command, has joined the 2011 governorship race on the platform of the Peoples Democratic Party (PDP).
Speaking to reporters after the meeting of the chairmen and some party chiefs, the state chairman of the Association of Local Governments of Nigeria (ALGON), Bashorun Askia Ugieh, explained that with the impressive record of Uduaghan and by extension, the PDP, they should resist the temptation to rest on their oars and resolve now not to be laid back and take their opponents for granted.
Giving more reasons for the adoption, Ugieh, who is also the chairman of Isoko South Council, remarked that going by the governor's performance, it was only natural that they looked forward to an era of consolidation and extension of the gains by another four years.
He noted that the state has for the past two and half years enjoyed relative peace and security despite the unrest that characterised some other parts of the Niger Delta.
He said: "The oil and gas industry crisis crossing the waterways and creeks of the state have enjoyed relative stability of operations owing to the deft strategies of Uduaghan in sustaining peace and security in the area."
He also pointed out that hostage taking, kidnapping, pipeline vandalism, disruption of production activities, among other negative activities in the region were now things of the past in the state, thus restoring investors' confidence.
"The Uduaghan administration has also carefully embarked on a structured infrastructure development programme that would in no time make Delta the envy of other states," Ugieh declared.
He said that the council chairmen intend to engage in mobilisation, regular advocacy and sensitisation programmes that will involve all players in the third tier of government.
Kpokpogri's bid is already getting support from a broad spectrum of people in the state and Deltans in Diaspora.
For example, a political pressure group from Delta Central Senatorial District, Urhobo Youth Empowerment Front (UYEF), said it endorsed the Isoko former military chief to effect change and restore good governance in the state.
In a statement in Warri by its Publicity Secretary, Mr. Peter Abel Akpotu, the group said Kpokpogri can "liberate and offer Deltans quality and effective governance.
Akpotu noted that the Urhobo and other Deltans are strongly supporting Kpokpogri for equity and even distribution of dividends of democracy across the state.
"All Deltans will feel a sense of belonging as people that produce oil," the group added.
Source: The Guardian, 20th January 2010.
Delta CJ Lists Gains of New Court Rules
From Hendrix Oliomogbe, Asaba
DELTA State Chief Judge, Mrs. Roseline Bozimo, yesterday listed the benefits of the recently introduced High Court (Civil Procedure) Rules 2009.
Bozimo, who spoke at the presentation of the new rules in Asaba, explained that the procedure emphasised the quick dispensation of justice in compliance with the principle of law, that justice delayed is justice denied.
"We are all aware that to the man on the street, no less than the businessman, the courts no longer represent his last hope for having his grievances promptly addressed," she said.
Again, she said that the new rules encourage court-based mediation as reflected in the provisions of Order 29, Rule 1, which states that a court or judge with the consent of the parties may encourage settlement of any matter(s) before it either by arbitration, conciliation, mediation, or any other lawfully recognised method of dispute resolution.
According to her, this is hinged on the premise that the court or judge shall not personally conduct such settlement, which it shall instead refer to appropriate person or institution for amicable resolution within a time frame specified by the court or judge, failing which the proceedings shall resume before the court or judge.
Justice Bozimo said: "By this provision, the court user can no longer view the court as over-bearing as was the position under the 1988 Rules. The judge is now empowered to promote and encourage alternative dispute resolution in the determination of the cases in his court. This no doubt will improve the profile of the court and the face of justice in the manner it is perceived by the public. This has the added benefit of strengthening the integrity of the judiciary."
The Delta Chief Judge explained that the provision of the new rules that promotes court-based mediation, being new to the state's jurisprudence, calls for training and/or re-training of judges who are now assigned the responsibilities previously unknown under the old rules; the court registrar and other support staff; and private lawyers, as well as those in government service, in the skills of mediation and conciliation.
This, according to her, has the benefit of opening a new vista of career for legal practitioners and other interested persons to be trained as Professional Negotiators and Mediators (PNM) as emphasis all over the world now is on the benefits of the multi-door settlement of disputes that leaves former protagonists going away happy and satisfied and thus promoting a peaceful society.
The committee, which was headed by former Chief Judge of the state, (Mrs.) M.A. Okungbowa had former President of the Nigeria Bar Association (NBA), Chief T.J.O Okpoko (SAN) as a member. Other members of the committee are former Justice F.A. Nwulu, Chief Anthony Idigbe (SAN), Chief Albert Akpomudje (SAN), Chief J.I.Ojeh, Chief Isaac Jemide, Chief V.E. Otomiewo, Chike Onyemenam, A.O.Akpiroroh, C.Omoru, Chief C.O Ogedazi, M.M.Nnamdi, and B.O Odigwe who acted as the secretary.
Source: The Guardian, 14th January 2010.
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