A Report Locked Away

Others were retired Col. Paul Edor Obi; Ukandi G. Ogar; Prof. J. C. Ogbonnaya; Col.Wole Ohunayo (Rtd.); Chief Olusola Oke; Mr. Oguoko Ombrai; Senator Stella Omu; Prof. Omafume Onoge; Prince Tonye T. J.T. Princewill; Prof. (Mrs) Ayebaemi I. Spiff; Mr. Chibuzo Ugwoha; Prof. G. M. Umezuruike and Tony Uranta; These 44 members whom the report described as “men and women…with a sound knowledge of the terrain and each with a history of advocacy for the Niger Delta struggle stretching many year,” pored over tomes of what past commissions and committees recommended, media reports, state-based submissions and memoranda received across the nation.

Beyond the advertisement of its terms of reference, the committee which worked through an independent secretariat (in spite of the facility promised by Jonathan at inauguration), got in touch with all stakeholders, cutting across local, national and international arena. According to the report, “this achieved the dual benefit of not only gathering other perspectives, but also gaining their commitment to the realisation of the region’s development.” Given the submissions of these stakeholders and the past panel submissions on the Niger Delta, the Mitee group, in order to do a thorough job, divided itself into eight sub committees: Critical Infrastructure; Health and Education; Economic Development and Regional Planning; Environment, Sustainable Development and Corporate Social Responsibility; Governance and Rule of Law; Community, Youth and Women Empowerment; Resource Ownership, Management and Distribution and Conflict, Militancy and Decommissioning.

As these sub committees met, the report revealed, they gathered information from national and international experts, representatives from state security agencies, international development agencies, and representatives of various ethnic nationalities within and outside the Niger Delta Region and others. Moreover, they analysed the over 400 memoranda received from officials, public and private sector, Civil Society Organisations, CSOs, ethnic groups, occupational groups and militant movements. Before all these, sit-in consultants critically helped the sub-committees to analyse all the inputs collected. In fact, the sub-committee on Conflict, Militancy and Decommissioning visited militant camps to, as Mitee and his men wrote, “obtain their inputs”. After all these, the various sub-committees submitted their findings to the umbrella Committee from 13 to 15 October, 2008.

The Mitee committee tailored its recommendations along its Terms of Reference, TOR. With regard to the first, the group only reviewed and analysed earlier reports submitted on the Niger Delta, beginning from Willinks Commission of 1958. On the second and third tasks, the Mitee Committee appraised all these past submissions and, for ease of implementation for the government, arranged them into short, medium and long terms, recommending the institutions that would make the implementation possible. Moreover, Mitee and his team added a unique method, called Compact With Stakeholders in the Niger Delta, which, according to it was “designed to build broad-based implementation and commitment.” The committee went beyond making use of materials from past reports; it analysed its new findings to arrive at what it called “General Themes” that it divided into three areas: Governance and the Rule of Law; Regional Development and Human Development.

 The Recomendations

First, the committee recommended some measures to be taken by the federal Government within 18 months and which have to be monitored by all stakeholders in the Niger Delta. This is what the committe called Compact With Stakeholders in the Niger Delta.The federal, state, local governments and stakeholders must report publicly to Nigerians, especially, the Niger Delta people, through public hearings on progress in implementation every three months. This should, as contained in the report, involve the National Assembly and facilitated by the Multi- Stakeholder Niger Delta Policy and Project Compliance Monitoring Committee. Essentially, therefore, the committee expects that government and all parties “will undertake to endorse and complete specific actions within a given time frame.” The reason for bringing up this approach, according to Mitee and his people, is that the past “history of dashed hopes and expectations and unfulfilled promises has occasioned a breakdown of trust in the Niger Delta.”

Increased Derivation

First, within the period, Mitee and his group recommended that the Federal Government should jack up allocation accruing from oil and gas revenues to the Niger Delta States from 13 to 25 per cent, an increase of 12 per cent, “which should be dedicated largely to new infrastructure and sustainable development of the region”.

Disarmament

The committee recommended that the Federal Government should, within six months, complete initial steps to support a disarming process for youths involved in militancy. This exercise should, according to the report, “begin with some confidence building measures on all sides” in the areas of ceasefire by both parties, pull back of forces, open trial and bail “with a view to eventual negotiated release for Henry Okah”. The committee also recommended credible conditions for amnesty, setting up a Decommissioning, Disarmament and Reintegration, DDR, Commission and a negotiated undertaking by militant groups “to stop all kidnappings, hostage taking and attacks on oil installations”. The government was advised by the committee to improve the operational integrity of security forces and Police in the Niger Delta to a level that assures communities and business organisations of safety (security) without harassment and disruption. This, as the Mitee committee wrote, “will involve definite steps (beginning in the first quarter of 2009) to eliminate all forms of abuses by security forces and institute proper programmes of reorientation, demilitarisation, retraining and accountability for all security operatives”.

Empowerment

The committee recommended that the Federal Government must establish by the middle of 2009, a direct labourYouth Employment Scheme, YES, in concert with States and Local Governments that will employ at least 2,000 youths in community work in each local government of the nine states of the Niger Delta.

Road Infrastructure

The East West road dualisation from Calabar to Lagos is expected to be completed within 18 months and that by June 2010, a link road should connect each state in the Niger Delta to the coastline. This, as Mitee wrote, “Is to open up the riverine areas, improve economic activities and demonstrate new commitment to the people.” This must be complemented with a fully funded maintenance programme for the roads.

Power Supply

With regard to power supply, the federal Government should, as the committee recommended, ensure a dedicated allocation of 5,000MW of power to the Niger Delta Region by June 2010 “to support employment and promote economic growth and self reliance.”

Environment

Regulations that compel oil companies to have insurance bonds against environmental pollution strengthen independent regulation of oil pollution and work towards an effective Environmental Impacts Assessment, E.I.A. mechanism, be established by 2010. Moreover, apart from making the enforcement of critical environmental laws a national priority, government must, as Mitee and other submitted, expose fraudulent environmental cleanups of oil spills, prosecute polluters, and end gas flaring by December 31st 2008.

Health

In the area of health, the Mitee committee recommended that, the Federal Government must, as previously ordered, rehabilitate all existing health care facilities and provide free medical care to persons of 65 years and above, children less than five years and pregnant women as well as provide free drugs to malaria patients.

Education

The Federal Government must, within 18 months, rehabilitate and equip all existing public primary and secondary schools and staff them with well-trained teachers as a means of “reversing by 50% the current levels of WAEC failures in the region.”

Refugee Problem

On refugee problem, the committee recommended that not later than December 2009, the Federal Government should fully resettle all persons displaced from Bakassi and forestall the on-going dispersion and the eventual extinction of the Bakassi people as a collective entity. 

Institutions That Will Make All These Achievable

To fast forward the process and gain momentum, Mitee and his group, argued that there is need for additional mechanisms and institutions, particularly to hold stakeholders accountable “and ensure that strict attention is given to the issue of implementation, transparency and accountability for programmes and actions”.

National Minorities Commission

To make all these recommendations work, in that order, the committee submitted that the Federal Government must establish National Minorities Commission to deal with minority and micro-minority issues in the region and in other parts of the country.

Multi-Stakeholder Niger Delta Policy and Project Compliance Monitoring Committee

This is to monitor implementation of these recommendations and other programmes in the region. There should be Special Niger Delta Infrastructural Intervention Fund. In the words of the committee, it will receive contributions from: the federal government, state governments, oil companies, international donor agencies, the new Niger Delta Ministry or “any other institution dedicated to the region”. A measure to publicly account for all monies should also be part of this.

Niger Delta Futures Trust Fund

This will make use of a fraction of the additional 12 per cent allocation and it will, according to the committee, be used to develop agriculture and non oil and gas industries and engage in investments “so that within the next twenty years, the Niger Delta economy is less dependent on oil and has some meaningful reserves/savings.”

CommunityTrust Fund for Oil Producing Communities

This, as Mitee and his group submitted, is to facilitate a situation in which “communities willingly and voluntarily protect the assets of oil operators in their areas of influence, a framework that allows them to share in the wealth available to each community has to be established.” In other words, it is expected to pool resources arising from compensations, royalties, rents and entitlements directly accruing from relations with oil and gas companies. But some initial allocation is expected to come from the additional 12 per cent allocation.

Federal Government’s Responsibilities

The second part of the document deals with the broad themes, which Mitee’s committee categorised under Governance and Rule of Law; Regional Development and Human Capital development.

Governance and Rule of Law

The first task assigned the Federal Government by the Mitee committee was on:

Disarmament, Demolition and Reintegration, DDR, in the Niger Delta

The committee’s aim was to provide an international perspective to the DDR as described in the United Nations Integrated DDR Standards, IDDRS. Mitee recommended that the Federal Government establish a credible and authoritative DDR institution and process including international negotiators to “plan, implement, and oversee the DDR programmes at regional, state and local government levels; “provide for open trial and release on bail (with a view to eventual release) of Henry Okah and others involved in struggles relating to the region; grant amnesty to all Niger Delta militants willing and ready to participate in the DDR programme; address short term issues arising from amnesty to militants, by promoting security for ex-militants and rebuilding of communities destroyed by military invasion; work out long-term strategies of human capacity development and reintegration for ex-militants.

The state government should, as the committee, recommended, assist in rebuilding communities destroyed by military invasion; establish youth development centres with counselling departments for reintegration and capacity building; set community demobilisation and reintegration committees “especially in areas most affected by conflict and development projects such as health centres and schools at former camps managed by militants”. The local governments are, as the committee recommended, to discourage further establishment of new militant camps by “organising enlightenment campaigns to sensitise community people about the DDR process; committed participate in the DDR process, above all “expose criminal elements and their sponsors within communities”.

On the other hand, the militants were, as contained in the report, expected to support the DDR process by committing to enter and respect agreement reached and work with communities for genuine reconciliation to take root and “demonstrate good faith in the DDR processes by giving up weapons in their possession and agreeing to fully re-integrate into the community.” On their own part, security operatives were, according to the committee, to promote integrity amongst security groups and include them in defining clear guidelines of agreement to end hostilities and ensure ceasefire on all sides, pull forces back to base and “replace active military forces with civil forces to maintain peace and order”.

Governance and Accountability

The committee observed that the failure of development in the Niger Delta is largely as a result of the “absence of good governance frameworks which can effectively strengthen the use of political power and resources”. Thus, in order to allow for accountability, the Federal Government must, in the short term period from 2008 to 2010, carry out a comprehensive oil sector audit and correct the imbalance against the region in matters of allocation of oil blocks, oil lifting contracts, and allocation of marginal fields and, among other things, “stop all forms of plea bargains and secret negotiations with those that have been indicted for looting the resources of the Niger Delta and Nigeria”.

Human Misery Audit

Mitee asked the Federal Government, in the short term period of 2009 to 2013, to do a human welfare and human misery audit in order to redress violence, deprivation, and crimes like killing, kidnapping, rape and injustice in the Niger Delta.

Roles Of The National Assembly

The National Assembly is to, in the short term (2008 to 2020) review all laws that have, over time, been impeding the aspirations of the people of Niger Delta. These are: Section44 (3) of the1999 Constitution; Territorial Waters Act, CapT.15LFN2004; The Exclusive Economic Zone Act Cap. E.17, LFN2004; Land UseAct, CapL.5, LFN2004; the Interpretation Act, 1964, Cap123, LFN2004; Oil Pipelines Act, Cap338, 1990; PetroleumAct, CapP.10, LFN2004 and the Nigerian Minerals and Mining Act No.CapN.47LFN2004. Others are the National Inland Waterways Authority Act CapN.47, LFN2004; Item 39 on the Exclusive Legislative List of the1999 Constitution and Lands (Title Vesting, etc.) ActCapL.7, LFN2004.

Creation of States

The Mitee committee asked the National Assembly to look into immediate creation of some states in the Niger Delta to “fast forward the peace and reconciliation process, enhance infrastructural development and correct historical neglect of certain areas”.

Existing Institutions And Stakeholders

Niger Delta Development Commission, NDDC.

The Committee recommends that all outstanding funds due to the NDDC, be paid without delay and that apart from carrying out a full review of staff, projects, partners, and resource commitments and ascertaining their viability, the commission should focus exclusively on major or mega infrastructural projects in the Niger Delta like mega inter-State roads “as well as ensuring that waterways that link the East and Western axis of the Niger Delta Region are well developed and operational”.

Ministry of Niger Delta Affairs

It must, according to the committee, ensure adequate capacity and facilities for training and skills acquisition for staff and ensure that experts and professionals are employed to carry out the programmes of the Ministry and that it must work with the Nigeria Extractive Industry Transparency Initiative, NEITI, to “ensure transparency by oil companies and the implementation of NEITI reports as a way of increasing revenue available for the development of the region” and others.

Oil companies

Oil companies, as the committee recommended, should, within two years, and as a matter of Corporate Social Responsibility, CSR; expand energy and water facilities within flow stations or other operational bases or Independent Power Projects, IPP, to connect host and adjoining communities (within not less than 15km radius). Apart from giving preferential treatment to persons of Niger Delta origin in employment, they should, among other things end gas flaring by 31 December 2008 “as previously agreed”.

Regional Development

The Mitee committee noted that the crisis in the Niger Delta is strongly linked to the absence of physical development and inadequate access to resources. It submitted that focus on transportation; water and power; environmental sustainability; economic development and resource management and redistribution would solve the problems.

Transportation

The recommendations which the Mitee committee gave the Federal Government in this regard are that it must facilitate the provision of necessary navigational aid and runway maintenance to restore the international gateway status of the Port Harcourt International Airport; fast track the completion of the East-West Road dualisation from Calabar to Lagos with link roads to the coast; rehabilitate and upgrade the Aba-Ikot Ekpene- Uyo- Itu-Calabar-Ogoja- Makurdi Road; construct theYenegwe-Kolo-Brass road with a spur to Okoroba which has been on the drawing board since 1941; complete the Bodo-Bonny Road with its spur to the East-West Road; fast-track the reconstruction and/or rehabilitation of Port Harcourt- Aba- Owerri-Road; take immediate action to rehabilitate the Niger Bridge at Onitsha and rehabilitate Emuoha-Abua-Kolo Road which shortens the distance between Port Harcourt and Yenagoa; government, as submitted by Mitee and his men must commence work on the-Eket-Aba-Port Harcourt-Yenagoa-Warri-Benin City-Igbokoda-Ore-Shagamu to Lagos and “create links with strategic oil cities and towns in the region.”

Not only that, it must develop coastal water way transportation through canalisation, de-siltingand provision of modern river craft to link up coastal communities in Niger Delta with other communities in and outside the region; construct the second Niger Bridge as proposed by the Federal Ministry of Works and the Nigerian Society of Engineers; construct a coastal road from Calabar to Benin to Igbokoda to Ore to Lagos as recommended by the Ogomudia Report (2001).The long term recommendation here are the constructions of the Omadino-Okerenko-Escravos road in Delta State; funding and completion of at least four major spurs from the East-West roads to the coast before the end of 2015 to connect coastal settlements and the creeks. All these will also include the extension of telecommunications and ICT access to all major cities and towns in the region and, as Mitee and others put it, “create additional linkages for security purposes to the coastal areas”.

Water and Power

Here Mitee and his people submitted that the federal government should ensure that the National Gas Master Plan incorporates comprehensive gas outlets in the Niger Delta which “will supply both domestic and industrial gas to the region and the country as a whole”; revamp all National Integrated Power Projects, NIPP, and rehabilitate existing generating stations so as to shore up power supply into the National Grid.

Economic Development

To diversify the monolithic economy of the region, the Mitee committee asked the Federal Government to “review and improve, in the light of the establishment of the Niger Delta Ministry, the challenges of the Department of Petroleum Resources (DPR), its duty of regulating the oil and gas sector and practices of multinational industries” and direct all oil and gas companies, including Nigerian National Petroleum Corporation and any component(s) derived from its restructuring, to relocate their headquarters to States in the Region where they have their major operations.

Human Capital Development

In this section, Mitee and his men focussed on health and education, women and youth empowerment and community development.

Health and Education

On health and education, they submitted that government should establish and equip technical schools and skills acquisition centres in each of the Senatorial Districts of the region; establish in every ward, a functional primary health centre managed by Government; provide free medical care for pregnant women, children under five years, adults above 65 years and the physically challenged; put in place a programme backed by incentives that propel qualified science teachers to seek deployment to rural areas and “provide free and compulsory education at primary and secondary levels for all children in the region and others.

Women and Youth Empowerment

With regard to women, Mitee and company recommended that government adopt a policy of employing at least 30% of women of Niger Delta origin in mid-level managerial and technical positions in all oil and gas-related industries or companies among others. The committee, realised that crisis had deeply affected community life and dislocated values in the Niger Delta that it recommended the review of the structure of land appropriation by oil companies and businesses so that the royalties which are paid to communities do not create new forms of intra and inter-community conflicts, but become the basis for community development and renewal.

However, the non-implementation of these recommendations has been attracting comments. Tony I. Uranta, who is a member of the Federal Government’s Technical Committee on Niger Delta, was recently quoted on www.modernghana.com, as urging the government to release the white paper on the Committee’s report. Tonye Princewill, the Rivers Action Congress leader, also a member of the Committee, was also quoted by the same website of accusing the Federal Government of not being committed to resolving the Niger Delta crisis.

Also the Movement for the Emancipation of the Niger Delta, MEND on 13 April 2009 said “Nigeria is not a country where the rule of law is genuine. We all stood aside and allowed a fake judicial system to hang Ken Saro-Wiwa. All the commanders listed for the so-called amnesty happen to be in Okah’s charge sheet as wanted men. Now, the question is why should they believe such an offer when they are yet to be captured and tried?” Further, MEND alleged that some top government officials and military officers both serving and retired, involved in various oil deals are afraid that if released, he would expose them and cause a huge embarrassment to the administration. Dr Stephen Davis, a Canon Emeritus, the author of The Report on the Potential for Peace and Reconciliation in the Niger Delta also argued that in the past the response to conflict in the Niger Delta has been a series of deals “that make the military look like they have broken the back of the militia and the Federal Government have the area under control once again. The reality is that a deal is cut behind the scenes that allows illegal bunkering to resume, wherein the military and local boys get their cut and the political godfathers restore their hold on the situation. The roots of conflict are not addressed, thus deals wear thin, the context inevitably changes and conflict reoccurs more intense and widespread.”

That reports upon reports are written and submitted without the authorities doing anything so irked Ofeimun that he lamented that the induced lack of democracy has now been so institutionalised that every effort to solve the so-called Niger-Delta problem ends with committees and commissions that are set up just to keep agitators quiet. In his words: “Take OMPADEC, NDDC, and the latest, the Ministry of the Niger Delta. They are merely to keep the problems in view in order to give the impression that something is being done. Of course, the commissions and institutions are all controlled from the centre, where the federal crimes are incubated and rooted for practicalisation in the Niger Delta.” So the question is: was the Mitee Committee set up merely with the intention to make it look like ‘‘something is being done?’’ For as long as the report gathers dust in Aso Villa, not many will believe the committee was set up with a genuine desire to solve the problems facing the Niger Delta.