CONCERNED NIGER DELTANS IN THE NIGERIAN
DIASPORA WRITE TO PRESIDENT OF THE NIGERIAN SENATE ON THE MATTER OF REVENUES
ACCRUING FROM SO-CALLED "OFFSHORE" OIL RESOURCES IN THE NIGER DELTA
C/O Globalvillage P O Box 699 Round Rock, TX 78680-0699 USA
Friday, September 27, 2002
The Honorable
Senate President
The Nigeria
Senate
National
Assembly Complex
Abuja,
Nigeria
Dear
Senate President,
We
salute your able leadership of the Nigeria Senate and also commend your
growing abilities in legislative functions toward a fully democratic Nigeria.
We
are aware of the Bill for an Act to abolish the Onshore-Offshore dichotomy
in the application of the principle of derivation sent from the Presidency
and currently being deliberated upon in the Nigeria Senate. As much as
we accept its section that the Onshore-Offshore dichotomy need be abolished
and put to permanent rest, we equally register our discontent and absolute
disapproval of the substitution of �contiguous zone� for the �continental
shelf� and the section that sustains prevailing 13% Derivation principle
or any other percentage for that matter.
We
wish to draw your attention to the history of Derivation principles in
which there have been erratic and disproportionate applications ranging
from 100% in 1953, 50% in 1960, 45% in 1970, 20% in 1975, 25% in 1982,
1.55% in 1984, 3% in 1992 and 13.0% in 1999 up to 2002. Not one of these
percentages can be scientifically or justifiably determined or validated
using known socio-economic indices.
Rather,
each has been the result of ill-conceived political manipulations that
blatantly deny indigenous groups and States of rights to naturally endowed
mineral resources, while also generating serious conflicts. Therefore,
it shall be in Nigeria�s best interest to explore and adopt another workable
template wherein fairness, equity, justice and peace may be guaranteed
for all.
As
you fully understand, the Federal government has forcibly acquired all
rights to mineral resources in Nigeria. The clamor for resource control
by indigenes of the Niger Delta region represents a leading precursor to
realities of serious unresolved conflicts relating to the forced acquisition
of resources and is borne by frustrations at failure to secure equity and
lasting resolutions. We believe that unless necessary legislative actions
are speedily taken, aversions to governmental authority and violence will
escalate and the region may soon become ungovernable.
A recent
Supreme Court ruling referred to ancient English laws as a basis for its
decision. We also bring to your attention a conveniently forgotten fact.
There is not one law in the English law books today that was decreed by
Oliver Cromwell who violently overthrew the government of his country.
On the contrary, the English made sure that such a situation would never
repeat itself. It hasn�t for about a thousand years!
Therefore,
it is our humble opinion that this current legislature should repeal and
render null and void, all decrees promulgated by Nigeria�s un-elected military
governments. You should also lay a foundation for Nigeria�s democracy that
will last the next thousand years. The military usurpers behaved as if
a sunset was equivalent to the end of days. Our elected officials are expected
to be wiser and more forward looking. The sun that sets today will rise
again tomorrow.
Consequently,
we firmly insist on the following:
That existing retrogressive laws such as the Petroleum
Act of 1969 and 1991, the National Waterways Decree of 1997, and the Land
Use Act of 1978 and 1993, that have been variously protested against by
indigenous groups and other Nigerians be repealed.
That the Bill must include a section that gives incremental
rights of resource ownership to States and indigenous peoples subject to
prevailing socio-economic indices. For this reason, we are inclined to
suggest a starting and taxable 50% ownership rights.
That the Onshore-Offshore resource dichotomy be abolished
for good.
That all concepts and principles of percentage Derivation
as currently practiced or as suggested in Bill for the Allocation of Revenue
(Abolition of Dichotomy in the Application of Principle of Derivation)
Act 2000 be completely thrown out for 2 above.
That our State governors or legislators have neither
overwhelming constituency mandate nor acceptable political preferences
to advocate or vote for any form of Derivation principle or such that has
been provided for in the Bill for Allocation of Revenue Act 2002.
We hasten to assure every well-meaning Nigerian that
it is not our intention to monopolize the benefits accruing from mineral
resources, including crude oil and bitumen that are found on our lands.
Sir,
we believe that the opportunity has availed for a permanent resolution
of conflicts arising from resource control and management in Nigeria. We
also believe that this august National Assembly must not rush to vote in
favor of the President�s temporary solution as provided for in the Bill
for Allocation of Revenue Act 2002, thereby adding to a growing list of
retrogressive laws that perpetually generate conflict. Ample time, experience,
knowledge and wisdom must be employed toward a new Bill that guarantees
lasting peace, equity, fairness and justice for all stakeholders.
We,
as concerned citizens adversely affected by a legacy of deprivations and
injustice, shall not cower to mediocrity and blatant violations of our
fundamental human rights and values, citizenship rights and all articles
of the UN Declaration of Indigenous Rights. In this light, we respectfully
demand that the Senate shall favorably consider our positions enumerated
above.
Thank
you.
God
bless the Senate of the Federal Republic of Nigeria!
God
bless the Niger Delta State!!
Signed:
Clement
Ikpatt � Delaware, USA
Ndanyongmong
Ibanga � TX, USA
Phillip
Ilenbarenemen � Southern Minority Movement, UK
Tom
Mbeke-Ekanem � Ibom Peoples Congress, USA
Edemma
Udoh � Niger Delta, UK
Lazarus
Tamana � MOSOP, UK
Rev.
Edemekong S. Ekong - President � Mboho Akwa Ibom State, UK and Ireland
Roland
Ekperi � Ijaw Peoples Association, UK
Ume Udombang
-- Atlanta, GA
Uwem Iyang
-- London, England
Dr. Samuel
Johnson -- Atlanta, USA
Frank Bassey
-- UK
Rev. Nse-Ete
Umoh -- Portland, OR
Josef
Ebong Ekerete
Emelda
Utuk � Scotland
Engr.
Mfon D. Akpan � Georgetown, Guyana
Rachael
Ukott - Nigeria
Leo
Daniel, London � England
Isaac
Kio � UK
Solomon Disekpobagha
� Odoni Development Association, UK
CC:
His Excellency
(Chief) O. ObasanjoPresident, Federal
Republic of Nigeria
Hon.
Ghali Na-AbbaSpeaker, NASS
His
Excellency Obong Victor AttahGovernor,
Akwa Ibom State
Hon. Sen.
Ibrahim MantuDeputy President of
the Senate
Hon. Sen.
E. I. EssienSenate Deputy Whip
Hon. Sen.
Udoma U. UdomaChairman, Appropriation
Committee
Hon. Sen.
David BrigidiChairman, Petroleum
Committee
Hon. Sen.
A. M. PeppleChairman, Natural Gas
Committee
Hon. Sen.
Victor OyofoChairman, Niger Delta
Committee
Hon. Sen.
Jim NwobodoChairman, Internal Affairs
Committee
Hon. Sen. Mike
AjegboChairman, Judiciary Committee
Hon. Sen.
Silas JanfaChairman, Solid Minerals
Committee
Hon. Sen.
A. D. SodangiChairman, Human Rights
Committee
Hon. Sen.
J. J. Akpanudo-EdeheChairman, Privatization
Committee
Hon. Peter L. Umoh, Speaker, Akwa
Ibom State House of Assembly