Bill to Delete 13% Derivation: INC, PANDEF, CSOs, Others Spit Fire

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…Bill Invitation to Anarchy – INC President, OkabaP

…PANDEF agitates for increase from 13% to 50%

….Speaker, Rep members not aware of Bill – Hon. Igbakpa, Hon. Abiante

…We’ll resist with all fibres in our being if… – Ibori

…It’s against principle of equity, fairness – E.K. Clark

…HOSCON supports PANDEF position but seeks transfer of 13% to Communities

The purported Bill said to be before the House of Representatives which seeks to amend Section 162(2) of the 1999 Constitution, as amended, has been generating a lot of furore among stakeholders, especially in the South South, the entire country and the Diaspora.
A whistleblower had alerted stakeholders in the Niger Delta of the presence of the purported bill which was said to have been sponsored by 59 members of the House of Representatives who are of the northern extraction and it was also reported that it is ready for second reading in the Green chambers.

The first reaction came from the Ijaw National Congress, INC, through its National President, Prof. Benjamin Okaba. He queried the underlying factors motivating the 59 northern lawmakers to contemplate sponsoring such bill, adding that it is unfortunate that some of the lawmakers in the House of Representatives take delight in fanning embers of chaos, national disintegration and total collapse of the Nigerian State.

While advising the sponsors to let the sleeping dogs lie, Okaba noted that the sponsors have not imagined the consequences it will have on the country.

He said: “What could have been the motivation for these 59 northern lawmakers to contemplate sponsoring this obnoxious bill other than the fact that it provides for derivation principle… as being not less than 13 per cent?

“It is unfortunate that some honourable men of our Green Chamber are taking delight in fanning the embers of chaos, national disintegration and the total collapse of the Nigerian state.

“We are not sure if these persons have measured in any manner the eventual consequences of their intended action on both the economic and political space of Nigeria.

“We can assure these apostles of discord and chaos that, in this their planned voodoo game, the oil-producing Ijaw nation and other oil-producing and resource-endowed ethnic nationalities in the Niger Delta region shall laugh last.

“We challenge them to stop at nothing to ensure that the section 162 subsection 2 of the 1999 Constitution of the Federal Republic of Nigeria (as amended) is deleted without hesitation.

“It is unfortunate that as lawmakers representing various constituencies from the northern regions, rather than being conversant with political history and constitutional practice since independence, these lawmakers are embarking on a voyage which pathway is too thorny for them to navigate.

“The 59 ‘honourable’ northern brothers should allow sleeping dogs li

Not too long after the ICJ statement, the Pan-Niger Delta Forum, PANDEF, summoned all South South governors, national and state lawmakers from the region, political appointees, CSOs and other stakeholders to an emergency virtual meeting on Monday October 25, 2021.

The meeting which was monitored by The New Diplomat, was coordinated by the National chairman of the group, Senator Emmanuel Ibok Essie, with participants drawn from across the country and in the Diaspora, including representatives from the founding leader, Chief E.K. Clark, former governor of Delta State, Chief James Ibori, representatives from most of the Niger Delta states and one House of Representatives member, Awaji Inombek Abiante, representing Idoni Federal Constituency of Rivers State, amongst others.

PANDEF thereafter issued a communiqué at the end of the virtual meeting stressing a seven-point resolution as follows:

“(PANDEF)Unequivocally and in full resolution, condemns the obnoxious and Satanic Bill intended to delete Subsection 2, Section 162 of the 1999 Constitution (as amended) and describes the Bill as a “Legislative Coup” against Oil and Gas Producing States and Regions of the Country.
“Warns that the Niger Delta people are ready and mobilized to dispense full resistance against this wicked machination and any future attempt to further Economically Emasculate the Region and its people. We will resist this Satanic and Senseless Coup with every fibre in our being. If they move one more step, we will respond in kind.

“Describes the sponsors of the Bill, the 59 ignominious, and barefacedly dishonourable members of the House of Representatives and their clandestine backers, as “Terrorists”, who do not care about the peace, progress and corporate existence of Nigeria.

“Reminds the 59 dubious and rapacious Members of the House of Representatives, their Sponsors and indeed all Nigerians that the Derivation principle was negotiated by the founding fathers of Nigeria before Independence and it cannot be deleted now. And that any attempt to do so is a call to anarchy.

“Implores President Muhammadu Buhari and the National Assembly to focus attention on addressing the fundamental issues confronting the country, instead of further stoking the ambers of discord and disharmony.

“Notes that the extant 13% derivation has not been reviewed for 22 years, despite the constitutional provision for review of revenue allocation every five (5) years, to reflect changing economic realities.

“Consequently, DEMANDS AN IMMEDIATE INCREASE OF THE 13% DERIVATION TO 50%. That, the position of the Niger Delta People is 50% Derivation, and nothing less.

Although not contained in the brief communique issued by PANDEF, notable participants whose contributions formed part of the resolutions include the former governor of Delta State, Chief James Ibori , who said that “the bill is going no where”, adding that they are just stoking embers of confusion.

According to Chief Ibori, the region must mobilize all National Assembly representatives and political appointees “to be on standby”, adding that “it must be done from top to bottom so that they will know that we will resist with every fibre in our being.”

Founding leader of PANDEF, Chief E.K. Clark whose message was delivered by Amb. Dr. Godknows Igali, traced the history of derivation to the McPherson and the 1960 Constitutions which approved 50%, recalling the strategic institutions and infrastructure in all the three regions in the country, including ABU Zaria, in the North, free education in South West, among others

He urged stakeholders to hold their ground, adding that they should resist the bill as “it is against the principle of equity and fairness.”

Contributing to the discourse, the PANDEF representative in Delta State, Prof. Godini Darah, described the purported bill as “an additional provocation by our oppressor”, saying that “we need mass mobilization as was done in the past which compelled former President Obasanjo to implement the 13% derivation.”

Darah also suggested total mobilization of the National Assembly members from the region and the grassroots to seek for 50% instead, and to make a package of every other thing required from the Federal Government, adding that “we have done it before and we are ready.”

Also, HRM King Bubaraye Dakolo, the Ibenanaowei of Ekpetiama kingdom in Bayelsa, added that the purported bill is an “opportunity to request for 50% derivation formula since they want to rock the boat.” He lamented that several years of existence as a State, Bayelsa is yet to have a federal secretariat, adding that the bill. is “an insult, an affront and a call for war; we should not approach it with kid’s gloves.”

Expressing their positions from the Diaspora, Dr. Lloyds Ukwu from Washington DC, Bishop Amajene Samson from Maryland, US and Anthony Harcourt Otokito from the UK condemned the purported bil.

Otokito however added that the region should use this auspicious occasion to charge the governors of the Niger Delta who have been managing the 13% derivation fund over the past years to give account of the proper utilization of the fund so far.

Dr. Voke Faith Ighoroje, the Secretary General of a Civil Society group, the Niger Delta Congress, in his contribution, suggested that the people of the region at this time should demand total resource control, restructuring and devolution of power.

Also, Benjamin Naningba of the Ijaw People Assembly, suggested that a strong message must be sent for the demand of 50% derivation for the region, urging that “all our forces must ensure that these people don’t take us for a ride
The Host Communities of Nigeria, producing oil and gas, HOSCON, in a reaction to the pending bill, said that the body aligned with PANDEF on the struggle against it, but added that the 13% derivation fund must be taken from the hands of the South South governors and handed over to the oil-producing communities as implied by Section 162(2) of the 1999 Constitution as amended.

Speaking to The New Diplomat exclusively on phone, the National Chairman of HOSCON, Dr. Bishop Mike Emu,h stated that the body has been engaged in the struggle for the 13% derivation fund to be handed over to the oil-producing communities as stated in the Constitution, adding that the body is on the same page in condemnation of the bill.

According to him, the governors of the South South should come out and state their position against that bill because they have been the ones benefiting from it over the years.

He further said that the people should mobilize against that bill because they are asking for crisis in the hitherto peaceful Niger Delta. He therefore urged the members of the National Assembly to stand against the bill, but added a caveat that thereafter, the 13% must be made to go to the oil-producing communities in line with provisions of Section 162(2) and Item 39 in the Exclusive Legislative List of the 1999 Constitution as amended.

He said: “Well, the governors of the oil-producing state should answer the question. The members of the National Assembly should answer the question; they should fight against it because that provision must not be deleted. That means, they are asking for more crisis and more trouble. “

Pleasure Onohwakpo
Pleasure Onohwakpo
Hamilton Nwosa is an experienced, and committed communication, business, administrative, data and research specialist . His deep knowledge of the intersection between communication, business, data, and journalism are quite profound. His passion for professional excellence remains the guiding principle of his work, and in the course of his career spanning sectors such as administration, tourism, business management, communication and journalism, Hamilton has won key awards. He is a delightful writer, researcher and data analyst. He loves team-work, problem-solving, organizational management, communication strategy, and enjoys travelling. He can be reached at: hamilton_68@yahoo.com

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