Saturday, 3 November 2012

Rivers, Bayelsa, Jonathan, and the Oily Feud



President Jonathan may not be involved in the alleged attempt to award some disputed oil wells claimed by Rivers and Bayelsa states to his home state, but he has a lot of influence on the amicable resolution of the conflict. Vincent Obia writes

The governments of Rivers and Bayelsa states are locked in an oil dispute in which President Goodluck Jonathan is mentioned as an interested party. The government and people of Rivers State are alleging that the President’s position weighed heavily with the federal agencies when they decided unilaterally to release to his home state of Bayelsa proceeds of the Soku oil fields and oil wells, which have been the subject of disagreement between the two states.

The position of the Rivers State government is that the oil-rich communities of Kula, Soku, Elem-Sangama, Idama and Abissa, which host the Soku oil fields and oil wells that produce about 300, 000 barrels of crude oil per day, one of the richest in the Niger Delta, were always part of the state until a boundary breach in the 11th Administrative Map of the country. The state says the infraction had been well acknowledged by the relevant agencies, prompting the Supreme Court to decide in a 2009 suit brought by it against Bayelsa that it could not rule on the matter until the boundary dispute had been resolved.

Ruling on July 10 on the matter brought by Rivers State, the Supreme Court had stated, “It is on account of the foregoing and because of the technical nature of the dispute and the claims of the parties that the court finds that the NBC as an authority with authorities and expertise, know-how in dealing with this matter, should have, once and for all, conducted an exhaustive exercise of delineating the disputed boundary, hence the long awaited 12th edition of the Administrative Map when completed soonest would have been of tremendous assistance in settling the lingering dispute. In the light of the observations I have clearly expressed above, I do not feel comfortable to grant the declarations sought until the NBC concludes its exercise of delineation of disputed boundary to finality. It will be futile and premature to determine the boundary of the two parties in the present circumstance.”

The Revenue Mobilisation Allocation and Fiscal Commission acknowledges this position. The commission’s chairman, Mr. Elias Mbam, reiterated at a press conference in Abuja Wednesday, “The Supreme Court in its judgement of Tuesday, July 10, 2012, stated that until the National Boundary Commission concludes the delineation of the disputed boundary to finality, it will be futile and premature to determine the boundaries of the two party states in the present circumstance.”

Pending the final resolution of the disputed boundary issue, revenue accruing from the Soku oil wells had been kept in an escrow account. But, curiously, and without recourse to Rivers State, about N17 billion from the account was recently released to Bayelsa by the RMAFC.
Mbam has not denied the existence of the said escrow account, and he has not denied the controversial payment to Bayelsa State. But he says the commission does not determine boundaries or location of oil wells, even though he acknowledges the position of the Supreme Court that there is a pending dispute on the location of the five oil producing communities. He explains that the commission relied on the December 2000 report of the Presidential Committee on the Verification of Oil Wells to calculate revenue from the Soku oil wells for Bayelsa.

Bayelsa State, on its part, recognises the Supreme Court decision on its boundary with Rivers, but interprets it differently. It believes Rivers lost the matter at the Supreme Court when the apex court struck out its case against Bayelsa. The position of the apex court, to Bayelsa, implies the maintenance of the status quo based on the controversial 11th administrative map that gave it the oil communities.
No one knows if the status quo here includes the maintenance of the escrow account for money accruing from the Soku oil wells.

The people of Kalabari kingdom, where the five oil communities belong, have protested to the federal government against the alleged attempt to cede them to Bayelsa – from Akukutoru local government of Rivers State.

Knowing the passion for ego trip, meddlesomeness, and politicking by Nigerian politicians, the popular imagination is that Jonathan is a major influence on the attitude of the affected federal government agencies to the issue, which have tended to favour Bayelsa State.

The Kalabari communities of Rivers State and the Nembe communities of Bayelsa State on the boundary between both states have had a long history of communal disagreements, dating back to when Bayelsa was still in the old Rivers State. But the dispute over the oil communities is said to have started in earnest when Jonathan was Bayelsa State deputy governor and head of the state’s boundary committee. It is, thus, easy for people to claim that what he could not achieve as deputy governor he is now trying to accomplish with his position as president. The onus, therefore, is on the President to show that this notion is not true. So far, he has not.

Neither has the aspersion-ridden statement last week by Special Adviser to the President on Media and Publicity, Dr. Reuben Abati, helped to exonerate the President. Abati had urged those accusing the President of underhand involvement in the dispute between the geopolitical cousins to allow the relevant government agencies to do their job. But he evaded the central question of the alleged payment of the N17 billion to Bayelsa from an escrow account established to hold funds from the disputed oil wells pending the resolution of the matter by the agencies.

Apparently, the key to resolution of the dispute lies in NBC’s proper delineation of the states’ boundaries and completion of the 12th Administrative Map – including rectification of the anomalies in the 11th map, which it acknowledged since 2002. That it is taking NBC forever to accomplish this is yet another illustration of the kind of laxity in the country’s public institutions that often fuel conflict.

Of everyone involved in the present dispute, Jonathan seems to be the one receiving the greatest attention. On the one hand, he is accused of twisting the RMAFC and NBC around his little finger, and on the other, he is defended by his aides and his ever-ready state government.

Both Rivers and Bayelsa states as well as Jonathan’s spokesman have tried hard to drag the President into the current boundary dispute. He can no longer pretend to be detached from the crisis. It is only rational for the president to quickly intervene on the side of justice, by asking the relevant government agencies to do the right thing, and by exploring sincere political measures to maintain cordiality between the peoples of the two South-south states.

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