Tuesday, 6 July 2021
Opposition mounts as National Assembly transmits PIB to Buhari next week John Alechenu, Sunday Aborisade, Dennis Naku and Daniels Igoni
The National Assembly may transmit the Petroleum Industry Bill, passed by both chambers of the National Assembly, to the President, Major General Muhammadu Buhari (retd.), for assent next week.
A principal officer of the Senate, who spoke with one of our correspondents on condition of anonymity on Monday, confirmed that the Senate and the House of Representatives would harmonise their different positions on the bill latest by next Tuesday.
The senator said the conference committee of the two chambers, which would harmonise the two versions of the bill, would start sitting before the end of this week.
He said, “It is just that people love to play politics with everything. This is not the first time that the Senate and the House of Representatives would pass different versions of a bill.
“The usual conference committee will be constituted this week to harmonise the different versions and they are likely to submit their report early next week.
“We are going on our annual recess on July 15 and we will transmit the bill to the President before we go on vacation. Both the Senate and the House of Representatives’ leaderships have said so on a number of occasions.”
When contacted, the spokesman for the Senate, Dr Ajibola Basiru, said, “The National Assembly will carry out necessary legislative actions on the bill,” and declined further comments.
Meanwhile, a coalition of Rivers State oil and gas host communities has rejected the Petroleum Industry Bill recently passed by the National Assembly, saying it fails to address the aspirations of the communities.
The coalition said the PIB, which offers the host communities three per cent equity participation, was unacceptable and described it as a mischievous piece of legislation.
The host communities advocated that rather than the PIB to stand alone, it should be merged with the solid mineral Act to better tackle their plights as they were denied the right to their natural resources.
The Chairman of the coalition, Barituka Loanyie, said in a statement issued in Port Harcourt that the PIB rather than solve the problems in the oil and gas sector, would end up compounding them.
The statement read in part, “Having critically studied the Petroleum Industry Bill, 2021 recently passed into law by the National Assembly, we, the Coalition of Rivers Oil and Gas Host Communities reject it for the reason that it fails to address the lingering issues of the oil and gas host communities.
“The bill, rather than solve germane issues in the oil and gas sector, ends up compounding them.
“We want to state without equivocation that the law is a mischievous piece of legislation and a far cry from the yearnings of oil and gas host communities, which only ends up providing a legal framework for corruption and portends a sinister ploy to continue with the unhealthy practice of denying host communities the right to their God-given resources.”
Loanyie added that the provisions of the PIB were surreptitiously making every community that had a pipeline underneath them oil and gas host community, stressing that the Solid Minerals Act, which governs the solid minerals sector, had better protection for the communities in extraction sites, hence would better serve the oil producing communities.
Similarly, the Ijaw nation has rejected the three and five per cent allocated to the host communities in the PIB.
It insisted that anything less than a minimum of 10 per cent, which the oil-bearing communities demanded during the public hearings on the PIB, would not be acceptable.
The President, Ijaw National Congress, Prof Benjamin Okaba, made the position of the Ijaw people known on Monday during a press conference in Yenagoa, Bayelsa State.
Okaba described the proposed three and five per cent as a Greek gift, stressing that the slashing of host communities’ percentage was ridiculous.
He contended that the Ijaw nation deserved fair treatment as it had suffered long years of environmental pollution and injustice despite producing the wealth that had sustained the health of Nigeria.
He also posited that increasing the percentage for more petroleum reserves in the “frontier basin” to 30 per cent as well as redefining the meaning of host communities to include communities where oil pipelines pass through were disgusting and provocative.
Okaba stated, “We reject in its entirety the three per cent and five per cent provisions as compensation; the redefinition of host communities and other provisions, including the allocation of 30 per cent of our oil resources to grope in the dark in the name of exploitation, a paradox of extreme kind that is not in symphony with common sense, equity and good conscience.”
He therefore urged the President, Major General Muhammadu Buhari (retd.), to refrain from appending his signature to the PIB until the National Assembly prescribed 10 per cent.
Similarly, the Pan-Niger Delta Forum has rejected the recently passed PIB, describing its provisions as unjust, satanic and provocative.
The National Leader of PANDEF, Chief Edwin Clark, said this at a media briefing in Abuja on Monday.
He said the bill as passed was part of a larger plot to continue the subjugation of the people of the Niger Delta by International Oil Companies and their northern collaborators.
Clark specifically noted that the provision of 30 per cent of profits for further frontier oil exploration in the North called to question claims by the current regime that it was working towards an economy away from oil.
Clark, who was represented at the press conference by PANDEF’s National Publicity Secretary, Ken Robinson, said the OICs would face a difficult operational environment if the bill was not revisited and the concerns of the people of the region properly addressed.
PUNCH.
Monday, 5 July 2021
Which NDDC board is to be reconstituted? By Jesutega Onokpasa
In the buildup to the imminent inauguration of a substantive board for the Niger Delta Development Commission, NDDC, a loud cacophony of rather perplexing calls for the commission’s board “to be constituted” this way or, “reconstituted” that way have been shouted over the rooftops by all manner of interest groups from all manner of quarters.
Yet, if one may ask, the board of which commission is supposed to be “constituted” or indeed, “reconstituted” for that matter?
The notion that the NDDC currently lacks a substantive board is a dastardly lie from the pit of hell itself and could only possibly ring true in a clime like ours where the peddling and maintenance of diabolical falsehoods has bizarrely claimed centrestage as some sort of national ethos.
As far as the law is concerned the NDDC already has a substantive board constituted by no less an authority than the President, Commander-in-Chief of the Federal Republic and duly screened and confirmed by no less an authority than the Senate of that same republic!
It is quite unfortunate that it required the intervention of Government Ekpemupolo, aka Tompolo, to bring about a return to the path of legality in the governance of the commission, a situation which can only serve to reinforce the notion that without violence or, at any rate, its threat, Niger Deltans should never expect justice within a Nigeria, whose development and sustenance they have, pound for pound, by far been the greatest contributors to.
This is even more pertinent against the backdrop of mounting nationwide insecurities, ever deepening divisions and quite unsettling sabre rattling from all points of the Nigerian compass.
That aside, the idea of “constituting” or “reconstituting” a board for the NDDC is a complete nonstarter from the point of view of legality.
In the first place, the inauguration of the substantive board of the commission is aimed at correcting a blatant illegality by bringing to a close its administration contrary to law, in which case, it certainly cannot be that it is purposed to correct an illegality by its replacement with another illegality!
Surely, we cannot proceed to correct a mistake by repeating the mistake!
Given the pendency, at this very moment, of a substantive board nominated by Mr. President and, confirmed by the Senate, the same President, cannot then be misguided into assaulting the constitution and, breaking the law by purporting to constitute or reconstitute the NDDC board and proceed to send a new list to the Senate all over again.
Needless to say, it would amount to a most egregious constitutional abomination for the Senate, of all authorities, to undermine and embarrass itself by repudiating its own earlier work and then proceed to consider any new list of fresh nominees, having already duly and honourable concluded that process more than a year ago!
There is already a substantive board of the Niger Delta Development Commission, NDDC, indeed one constituted by the President and confirmed by the Senate.
For the avoidance of all doubt, short of the entire board resigning even before it has been inaugurated, or, its entire membership kicking the bucket overnight, there is simply no lawful means available to us for reconstituting that already existing board or, much like a bunch of kindergarten kids with no knowledge of the law, simply pretending it doesn’t exist and constituting a fresh board!
The legal mechanisms for constituting or reconstituting a board for the NDDC while a substantive board is pending are not available because they simply do not exist in the first place.
We are not a banana republic for God’s sake!
In other words, there is no lawful recourse for the President in the present circumstance to “constitute” or “reconstitute”, such being actions he has already dutifully concluded in the eyes of the law.
In short, there is no board to be constituted or reconstituted; rather there is an already constituted, screened and confirmed board waiting to be inaugurated!
There should be no further tolerance for any more subterfuges to delay the lawful management of the NDDC and exclude the Niger Deltan people from the legally envisaged participation in the affairs of the commission they are entitled to, through their representatives nominated by our President and confirmed by the Senate.
There is already a substantive board of the commission in-waiting and it should be inaugurated first thing tomorrow morning.
Jesutega Onokpasa, Warri. ekwetafia@gmail.com
Niger Delta communities may block oil production over ‘satanic’ PIB — Edwin Clark. ByMary Izuaka
The former minister says the bill is "unjust" and "provocative"
Niger Delta communities may stop oil companies from carrying out production activities in their domains if the National Assembly fails to reverse the newly passed petroleum industry bill that sliced revenue allocation to host communities, Edwin Clark, a former minister and leader in the region has warned.
Mr Clark on Monday described the bill passed last week as “satanic and unjust” after the Senate and the House of Representatives significantly reduced proposed revenue to oil-producing communities from the proposed 10 per cent to three per cent, but handed a relatively far higher 30 per cent for oil prospecting in areas listed as “frontier basins”, mostly in the northern region of the country.
“We want to warn seriously, that the people of the Niger Delta have had enough of this colonial and oppressive mentality of our Northern brothers and friends. Today, the north controls the Oil Sector, even though day-to-day operations are being handled by the International Oil Companies (IOCs) on behalf of the federal government of Nigeria,” Mr Clark said.
Mr Clark, who leads the Pan Niger Delta Forum (PANDEF), said he, on behalf of the region, rejected the three per cent and five per cent of NNPC Limited profit granted to the host communities. He urged federal lawmakers to revise the bill and pass the appropriate version.
“If this is not done, the Niger Delta people may be forced to take their destiny into their own hands and all IOCs may find themselves denied access to their oil activities in such communities,” he said at a press conference where his statement was read out by a representative.
The PIB, a major legislation that holds sweeping reforms for the Nigerian oil and gas sector, was first introduced into the National Assembly in 2008, but successive National Assembly failed to pass the legislation.
Its eventual passage by the current assembly led by Ahmed Lawan and Femi Gbajabiamila, a key event praised by many, has been overshadowed by the controversial clauses introduced into the bill that now awaits a presidential sign off.
Mr Clark, in a letter, addressed to the Senate President Lawan and Speaker Gbajabiamila, condemned the provision and allocation of 30 per cent of profits for further frontier oil exploration in the north, and called it “provocative.”
“It is important to state clearly here to all well-meaning Nigerians that the demand of the oil-bearing communities of the Niger Delta Region was for a minimum of 10 per cent equity participation,” Mr Clark said.
“But you Mr Senate President, the Right Honourable Speaker and some of your colleagues in the National Assembly have further shown your disdain to the Niger Delta people by redefining host communities to include pipeline-bearing pathway communities, in which case States, where pipelines pass through to aid them with the privilege of cheap supplies of Niger Delta petroleum products, could also be entitled to the ridiculous and unacceptable percentages that the legislators are willing to cede to oil-bearing Communities.”
There’ll be uproar if truth about Nnamdi Kanu’s arrest comes out —Soyinka by Sodiq Oyeleke
Nobel laureate, Wole Soyinka, has warned that there will be a “huge squawk” if the truth is known about how the Federal Government arrested the leader of the Indigenous People of Biafra, IPOB, Nnamdi Kanu was arrested becomes known.
He said this during a recent interview with BBC Pidgin.
The eminent professor asked the federal government to show eagerness in arresting bandits and terrorists.
He said, “It’s not for me to tell the president to prepare itself because it’s going to be a huge squawk when the truth about how Kanu was arrested comes out. People are alleging this or that. That is one phase whether Nigeria has acted outside international law.
“The second issue, however, has to do with Kanu’s conduct outside the nation. There’s been a level of hate rhetoric which has been unfortunate, from Kanu. Hate rhetoric is an issue that can only be judged by the laws of any nation.
“Was it right ‘to have been kidnapped?’ You can say intercepted as much as you want but I think Kanu was kidnapped. That is wrong internationally and morally.
“The government can not wash itself clean on what seems to be a kind of comparative energy in pursuing the destabilised forces in the nation,” he said.
“If we take ourselves back, once when I threw a challenge to Buhari, what I expect from a true leader is to issue an order, give a deadline that any illegal occupant of any villages, farms is given 48hours to quit after which the mighty forces of the nation will be unleashed on them. It was ignored.
“Years later, he came to say ‘we will respond to these people in the language they understand’. This is what I expected him to have said years ago, at the beginning of the insurgency.
“Their leadership–the Miyetti Allah — should have been arrested years ago, long before IPOB was declared a terrorist organisation.”
Kanu, who is facing an 11-count charge of treason, treasonable felony, terrorism and illegal possession of firearms, among others, jumped bail in 2017 and left the country.
The former London estate agent disappeared in 2017 after being released on bail, only to re-emerge in Israel and then in the United Kingdom.
He was re-arraigned before a Federal High Court in Abuja on Tuesday and ordered to be remanded in the custody of the DSS, while the case was adjourned till July 26 and July 27.
The Federal Government said security and intelligence agencies were on the trail of Kanu for over two years before he was re-arrested, adding that the head of the outlawed IPOB movement was detained again on Sunday – without giving details on the location of his arrest.
Kanu was initially arrested in late 2015 after calling for a separate state for Biafra, in South-East Nigeria.
His detention sparked mass protests and clashes with security services.
Election offices have also been attacked by suspected members of the group. However, IPOB – which agitates for a separate Igbo state – has denied being behind the violence, accusing the government of a smear campaign.
Nigerian-born footballer shot dead after killing neighbour in UK —Police Sodiq Oyeleke
Police in the United Kingdom have said that a Nigerian-born footballer, Odichukumma Kelvin Igweani, was gunned down after killing a neighbour.
UK-based newspapers, DailyMail and TheSUN quoted the police as alleging that the 24-year-old Nigerian also held a toddler captive.
The police said Richard Woodcock, a 38-year-old council highways officer had raced to help after hearing screams during a domestic dispute at the first-floor property when he was killed by the footballer.
The security agency also claimed that Woodcock body was found on the floor of Igweani flat in Milton Keynes, Bucks.
David Bannister from The Independent Office for Police Conduct told Milton Keynes Coroner’s Court that the young footballer was shot four times and a taser was discharged.
Igweani, known as Kelvin, was pronounced dead at the scene and Mr Woodcock died of head injuries.
“The toddler remains in a life-threatening condition in hospital,” the IOPC said today.
Detective Chief Inspector Stuart Blaik told a linked inquest into both deaths that officers had been called by neighbours to an “ongoing disturbance” at about 9.40 am on Saturday, June 26.
He said, “Neighbours reported hearing a female screaming and shouting for help. A female and young child managed to flee the address prior to police arrival.
“Richard Woodcock from the neighbouring property had gone to the address to help save a young boy as it was believed he was still in the property and at risk of significant harm.”
He added: “Having had to force entry, the officers immediately saw a deceased male, who has now been identified as Richard Woodcock, on the floor and were also aware of a distressed young child within the address.”
DCI Blaik told the brief hearing, attended by Richard’s widow and family members: “As entry was gained another male, now known to be Kelvin Igweani, immediately became aggressive towards the officers.
“A Taser was discharged but this was ineffective, and Igweani barricaded himself within the main bedroom.
“A child could be heard crying along with sounds of an ongoing assault. Entry was gained to the bedroom at which point a police firearm was discharged.
“Police officers and ambulance staff gave immediate first aid but Kelvin Igweani was declared deceased at 10.33hrs.”
A post mortem examination performed by Dr Lockyer showed that Mr Woodcock died from traumatic head injuries.
DCI Blaik added the Kelvin Igweani is suspected of his murder and the serious assault of the young male child within the address.
“It is understood that Kelvin’s mental health had been deteriorating in the weeks preceding this incident,” he said.
The sportsman’s devastated parents were in court, accompanied by a lawyer, to hear how their son was slain by officers in his home in Milton Keynes, Bucks, on Saturday morning.
Mr Bannister told how police had been called to a “domestic incident” at about 9.40am on June 26 at a block of flats in Denmead, Two Mile Ash, on the outskirts of the town.
He said, “Thames valley Police received a 999 call after reports of a domestic incident. A double armed auto response was deployed to the scene.
“On their way they were informed that another male was injured and a child was at risk.
“Officers forced entry and they immediately came across a deceased male. They were confronted by Mr Igweani. A taser was deployed but it was ineffective.
“Mr Igweani moved into another room and closed the door. He was in the room with a young child. Officers believed Mr igweani was harming the child and forced entry.
“One officer fired four shots at him and a taser was also discharged. He was pronounced dead at 10.39.”
Igweani died from gunshot wounds to the chest. His body was formally identified by his family.
In a statement, his family said, “We have always been so proud of Richard and everything that he has achieved in life.
“We are devastated that Richard has been taken from us in such circumstances but we are also so immensely proud of the sacrifice that he has made to try and save a little boy’s life.
“His actions on Saturday morning were the type of man he was and that is how we would like him remembered.
“A lot of people loved Richard, probably more than he ever realised, and he will be a huge loss to all of his friends, family and work colleagues.”
His wife, who has not been named, said, “Richard, it has been a blessing to share my life with you, my dearest friend, my biggest love, my soul mate. My kind, generous, funny, clever, cheeky husband.
“Thank you for loving me and being the best father to our children. I’ll love you and cherish our time together forever.”
Group assembles Yoruba lawyers for Igboho’s aides, Lagos protesters by Olufemi Olaniyi
The Ilana Omo Oodua has said it is assembling senior Yoruba lawyers to ensure the release of aides of Chief Sunday Adeyemo, aka Sunday Igboho, arrested during the raid by the Department of State Services on the activist’s house.
Igboho, who is a promoter of the Yoruba Nation, has gone underground following the invasion on Thursday, during which the secret police said it killed two persons and 13.
Speaking with our correspondent on Sunday, the Communication Secretary of the Ilana Omo Oodua, Mr Maxwell Adeleye, said the group which is being led by a renowned historian, Prof Banji Akintoye, would not abandoned Igboho and others.
The group’s spokesman also said the group would make sure that those arrested during the Yoruba Nation rally held in Lagos on Saturday were released.
He said Igboho’s aides did not commit any crime just like the protesters also did not violate any law by their actions.
Adeleye said, “The counsel for Igboho, Chief Yomi Aliu (SAN), has written the DSS, Inspector General of Police.
“Igboho is a law abiding person and he has not violated any law. None of his family member was attacked by herdsmen but his love for his people made him to rise up to speak for Yoruba people who are being oppressed in their land. He never killed anyone, but he is being hunted while tknown criminals are being pampered.
“Igboho has debunked the claims of the DSS. He said the weapons displayed by the DSS did not belong to him. He said two guns were taken away from his house and the two guns belong to the police orderlies of his guests. He said other things were not from his house.
“Ilana Omo Oodua is with Igboho and we are going to stand by him. Those arrested at his house will be released very soon. We are working on that. After all, they did not find them with guns or anything incriminating. Their only offence is that they were at Igboho’s house and I don’t know when that became an offence.
“What is the off made of Lady K, she is a blogger who was reporting the action live. She lives in Igboho house and I don’t know if that is a crime.”
“Nigerian government will be surprised by the number of senior Yoruba lawyers that will represent them. We won’t tell you their names and their number now because we won’t discuss all our strategies publicly.”
PUNCH.
PIB: Dangote refinery, others to buy crude in naira Femi Asu
Holders of refining licences in the country can pay for domestic crude oil supply in naira, according to the Petroleum Industry Bill passed by the National Assembly on Thursday.
Companies holding refining licences include Dangote Oil Refinery Company, Waltersmith Refining & Petrochemical Company Limited, OPAC Refineries, Niger Delta Petroleum Resources, BUA Refinery & Petrochemicals and Edo Refinery and Petrochemical Company Limited.
The Senate and House of Representatives, according to copies of the passed bills seen by our correspondent, recommended that payment guarantees to be provided by refinery licence holders shall be in dollars or naira.
“Since refiners themselves may only be paid in naira for deliveries to the domestic market, it may be onerous to require US dollar payments,” the Senate Joint Committee on Downstream Petroleum Sector; Petroleum Resources (Upstream); and Gas said in its report.
The bill provides that two regulators be established, namely the Nigerian Upstream Regulatory Commission and the Nigerian Midstream and Downstream Petroleum Regulatory Authority.
In Section 109 subsections 2 and 3, the National Assembly said, “The commission may issue regulations or guidelines on the mechanism for the imposition of a domestic crude oil supply obligation on lessees of upstream petroleum operations, including applicable penalties.
“The authority shall supply the commission on a regular basis the crude oil requirements of refineries in operation and where shortages or inadequate supply conditions occur report such conditions to the commission.”
Petroleum Industry Bill and quest for a New Nigeria
The bill sent to the National Assembly provides that “the commission shall ensure that the domestic crude oil supply obligation contains the following: (a) crude oil may only be sold to holders of crude oil refining licences, whose refineries are in operation.
“b) the supply of crude oil shall be commercially negotiated between the lessee and the crude oil refining licensee, having regard to the prevailing international market price for similar grades of crude oil; and (c) holders of crude oil refining licences shall provide payment guarantees as required by the applicable lessee and payment for crude oil purchased pursuant to obligations shall be in US dollars.”
The lawmakers, however, recommended that “holders of crude oil refining licences shall provide payment guarantees as required by the applicable lessee and payment for crude oil purchased pursuant to obligations shall be in US dollars or naira, as may be agreed between the lessees or suppliers and the licensee of the refining licence.”
The Senate said possible penalties should apply to the crude oil supply obligations in order to strengthen possible enforcement.
PUNCH.
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