Analysing The Effects Of Niger Delta Crisis
It has been a while since we started hearing stories that are not pleasing to our ears, being extremely disheartening in respect to terrorist activities in Nigeria, which Niger delta crises would be classified among.
Nigeria has faced this tragedy of militancy for a long period of time now, though the degree of actions varies from time to time. Close to two month now, we are all aware of the crises that are going on in the southern region of Nigeria. In reasoning together, what could be the primary cause of this attack by the militants? To what extent has it affected the economy of Nigeria? How do we [southerners] benefit from this attack? Do we have any negative effect from the activities of these militants.
It can be extremely annoying seeing oil being drilled in Niger delta but the proceeds of the oil is used in developing other part of the country, deserting the culprit of these incomes. Individuals living in the regions are bitterly complaining of how their rights are being taken away and how they are suffering from these activities of oil production without compensation.
In bringing out the thrust of this discussion, it will be sensible enough to examine the rights of these individuals comparing same to the rights of the federal government and state governments of the southern region of Nigeria. Remedies for the affected citizens will be examined as well. Finally for the sake of recommendations, ,search for some laws of Nigeria that will enlighten us of the right ,privileges and remedies of both government and citizens regarding these development which may invariably curb negative happenings in the Niger Delta will be made.
Prior to the discovery of oil in Bayelsa state and Niger Delta as a whole, most southerners were farmers, fishermen, sailors and hunters but as result of the gradual change emanating from oil production, they seem to lose their handworks. How is it possible? Oil spillage to a very large extent has succeeded in polluting the sea, land and the terrestrial habitats of animals which renders hunters, farmers and fishermen jobless. Indeed, it is very pathetic.
It has gotten to the extent that even drinking water from seas, streams and lakes are polluted as well, no piece of land for cultivation, no more aquatic and terrestrial animals for both fishery and hunting expeditions, how would these humans survive? Sitting back to think and meditate on this negative effect that oil drilling is having on Niger Delta enraged some group of youths to revolt and start damaging the process of oil production. To some, their actions to somw are just but to others, they do not support these activities of these militants.
Couple of weeks ago, according to Vanguard, the spokesman for the militant group describe the group as being prepared to bring the country’s production to zero level. Without compromise he added: we are young smart and focused Niger Deltans, our mandate is to liberate Niger Delta people, and we don’t run after pipeline contracts
The avengers of recent started attacking oil and gas installations in the regions country. Nigeria’s daily oil production drops from about 2.2 million to 1.7 million barrel. -Premium Times. Sunday June, 19, 2016.
The above mentioned source added: ‘The new group has vowed to reduce Nigerians oil productions to zero until the federal government concedes to its demand of a sovereign Niger delta states” .My grouse is: the shortage in the fun or allocation of the nation as a result of the activities by the militants, where does it go to? Does it return to Niger Deltans? Will this cure or salvage the situation of Niger Delta? What do we gain from this act of violence? Does it not have any negative effect on us? This actions of our militants, is it improving or worsening the land, water, and terrestrial conditions in Niger Delta?
It should be noted that as Nigerians we have so many rights and privileges regarding our land and waters but it is important here to distinguish between rights and privileges. It should also be noted that there are damages that we can claim from federal government and there are some that our various state government in the Niger delta that are responsible for.
According to section 1 of Land use Act that states “ Subject to the provisions of this Act, all land comprised in the territory of each State in the Federation are hereby vested in the Governor of that State and such land shall be held in trust and administered for the use and common benefit of all Nigerians in accordance with the provisions of this Act”, lands in Nigeria is vested solely in the governor of the state which can alienate or lease to land the territories to resident for residential ,agricultural and commercial and other purpose that are legitimate and lawful.
Having gotten a statutory right of occupancy and a certificate of occupancy is issued to who is the legal composition of the land?
According to the Interpretation Act (cap 123 LFN 2004), land is defined to include any building and other thing attached to the earth or permanently fastened to anything so attached, but does not include minerals. Land also includes tress, rocks, building and economic trees, physical, abstract and other interest like right of way easement and incorporeal hereditaments.
The above definition exclude minerals (which in this case is oil) as being part of the land.
Relating to minerals that are found in the land of individuals, section 1(1) of Nigeria’s mineral and mining Act (2007) and section 1 of the Petroleum Act vests the control and management of mineral resources in and upon any land in Nigeria, continental shelf and rivers, streams and water sources throughout Nigeria in government of the people of Nigeria. Most importantly, section 44 (3) 0f the Nigerian constitution similarly vest ownership and control of all minerals, mineral oil and natural gas on entire petroleum in Nigeria in the federal government
It therefore means that the control and management of resources is solely on the federal government to exploit or grant or revoke license to individual or cooperation to exploits mineral resources. The communities where the minerals are located have no input whatsoever in the exploitation of mineral since they are more “occupiers” under land use Act. So to what extent do we have rights in the natural resources found in our lands? Do we even have right at all? We having right to use land does not give us the right to claim minerals alongside.
Also, the above provisions is however without prejudice to their right to enter into negotiations with the prospecting or exploration company to pay rent to them to grant access to the minerals source and compensation for damage to crops and other property. More than that, oil producing state in Nigeria is however expected to be given preferential treatment in sharing of revenue accruing to Nigeria from crude oil. Section 162 (2) 0f he Nigerian constitution and item 36 of the exclusive legislative list vest resources Ownership in the federal government to provide that the revenue from the resources should be distributed between the federal government and states of the federation from which the resources derived.
Does it end it all? Not really. Compensation can also be paid on land where a statutory right of occupancy have been revoked or overridden for a public interest. Nigerians also can seek redress under section 44 (1) of the 1999 constitution of Nigeria where their rights of occupancy is used for a public interest. Also, section 29 of the Land use Act provides foe the payment of compensation of holder or occupier of land whose right of occupancy have been revoked for public interest and the sum payable will be determined by the land use and allocation committee - section 30 of the Land use Act
In Yakubu v M. W.T Adamawa State (2006) 10 NWLR (PT 989) 513 the Land Use Allocation committee delayed payment of compensation for the demolition of the Appellants building in Yola Metropolis over which the Appellants had a valid certificates of occupancy and approved building plans for the property demolished. The court held that the Appellants were entitled to 32 percent interest per annum on the N1,447, 409.34 interest payable by the Respondent as compensation
Having said the above, must we fight and take laws into our hands before we can be heard? Must we do something novel to claim our rights or can we not use the provisions of these enactments to claim our rights? If possible, can action not be maintained against the militants?
It should be noted that where there is a right, there is always a remedy. Occupants and occupiers of the affected land can maintain an action against the government or independent company that is carrying out the mining activity for depriving them of their means of livelihood rather than taking laws into our hands before we can regain our rights, committing offences against the state.
It should also be noted that if determined, civil and criminal action can be maintained against any individual with legal, which his right has been infringed upon but he uses wrong approach (like violence) to claim it. The fact that he has a legal right will not relief him of his liabilities in respect to the civil or criminal wrong he has committed in getting back his right. On the other hand, it is imperative to ask that whether since it is to some extent the right of the Niger Deltans to raise alarm for the injustices they are facing, are they justified to be using arms causing violence, vandalizing pipelines and causing havoc so as to regain their Right?
Section 80 of the criminal code Act states that "any person who gives in public without lawful occasion in such a manner as to cause terror to any person is guilty of a misdemeanor and is liable to imprisonment for two years and his arms may be fortified”. Can the activities of these militants not fall under this category of offence?
. More so, sections 7 to10 of the aforementioned law can also be used to prosecute persons who expressly or implicitly give assistance to the terrorist to help them achieve their goal. To what extent are we free from these laws? Do we see ourselves as being at fault? If so, how can we try to disentangle ourselves from this entanglement?
Also, section 5 5(1) of Terrorism Prevention Amendment Act, 2013 states that “any person who knowingly, in a manner directly or indirectly solicits or renders support for the commission of an act of terrorism or to be a terrorist group commits and offence under this act and is liable for conviction to imprisonment for a term of not less than twenty years”.
The act as whole frowns terrorism and the crime is a serious one being an offence against the state. If we may ask, to what extent have the militants and the Niger Deltans at large contravened these laws? Does it becoming rampant makes it not a crime? Why can we not be honest to ourselves for once? For how long will we continue cutting our nose to spite our face? Let's use our senses, let's make good use of our little resources, let's know and use our rights and privileges as Nigerians, seeking redress in the law courts where and when necessary and stop taking laws into our hands.
In summary, Sanctity of proprietary rights of citizens is enshrined as a fundamental human right in the 1999 constitution of the Federal Republic of Nigeria. Inspite of the fact that the Government right to infringe on this right is recognized under the Land Use Act’s provisions for revocation on grounds of public interest and for public purpose, it is mandated to be subject to the notification of the occupier and the payment to him of compensation for the infringement of his proprietary rights. The right of access to the courts by aggrieved persons whose right of occupancy have been revoked is to ensure that the right of revocation conferred on the Governor by section 28 of the Land Use Act is not exercised arbitrarily and displaced persons are adequately compensated.
An occupier can also institute proceedings in the High Court of the State, where he is of the view that his propriety right has been infringed on. An occupier whose right of occupancy, has been revoked could opt for resettlement in lieu of the payment of monetary compensation by government.
May I conclude with the words of a famous and outstanding that existed sometimes ago: Returning hate for hate multiplies hate, adding deeper darkness to a night already devoid of stars. Darkness cannot drive out darkness: only light can do that. Hate cannot drive out hate: only love can do that. … The chain reaction of evil—hate begetting hate, wars producing more wars—must be broken, or we shall be plunged into the dark abyss of annihilation. - Martin Luther King Jr.
Edikan Ekanem
University of Uyo
08130015006
[email protected]