NNPC alleges contract violations in sale of OMLs 60, 61, 62, 63
Nigeria’s oil and gas sector may be in for another round of battle over the sales of Nigerian Agip Oil Company (NAOC) operating share to Oando Plc.
Coming at a time when the sale of ExxonMobil assets to Seplat Energies remained in debacle, Oando Plc had said it reached an agreement with NAOC on the acquisition of a 100 percent stake in its subsidiary that comprises oil mining leases (OMLs) 60, 61, 62, and 63, from 20 percent to 40 per cent.
While the Petroleum and Natural Gas Senior Staff Association of Nigeria immediately threatened to withdraw its members from all offices and oil fields over the purchase of assets, the Nigerian National Petroleum Company (NNPC) Limited in a letter with Reference number E8P/MD/05.23 and addressed to the managing director of NAOC said the sale violated clause 19:11 of the Joint Operating Agreement (JOA) dated July 1991 governing the operations of the NAOC/NEPL/ OOL Joint Venture.
The letter signed by Managing Director of NNPC E & P Limited, Ali Muhammed Zarah and dated 4th September 2023, said failure to obtain NEPL’s prior written consent and approval with regards to the alleged transfer of NOAC’s interests in the joint assets constitutes a grave breach of the terms of the JOA and NEPL reserves its rights in relation to the said breach.
The letter also threatened to invalidate the assignment if the international oil company did not immediately take necessary action over the development.
“Under the terms of the JOA, assignment of interest has implications on the transfer of operatorship. Clause 2.4.1(i)(c) of the JOA provides that the Operator shall cease to be Operator and shall be removed by the Non-Operators if the Operator assigns or otherwise disposes of, other than to an Affiliate, all its Participating Interest. Also, Clause 2.6.1 provides that in the event of cessation of operatorship arising from the above circumstance, the parties shall appoint one of the non-operators as successor operator
“We have highlighted the above provisions to underscore the point that the purported assignment, even if valid, should by no means translate to transfer of operatorship to OOL. If NAOC’s divestment turns out to be valid, it will become incumbent on NEPL and OOL to decide on a successor operator,” the letter said in part.
NNPC in the letter noted that as holders of 60 per cent participating interest in the NEPL/NAOC/OOL JV, the company was concerned that the entire purported assignment was executed without due compliance with the terms of the JOA.
In order To stimulate economic growth, enhance job creation, and reduce poverty in Rivers State, Governor Siminalayi Fubara has promised to partner the Bank of Industry in providing a N4bn enterprise fund to facilitate the development of micro, small, and medium enterprises (MSMEs) in the State.
Fubara, who spoke in a state-wide broadcast to mark his 100 days in office on Wednesday September 6, 2023, morning, said with the initiative, both owners of MSMEs and intending entrepreneurs would easily access needed credit to fund or start their enterprises at single-digit interest rates with a maximum of a five-year repayment period.
He stated that besides the provision of the earmarked fund, his administration would establish a State Investment Promotion Agency to advance local and foreign investments that would engender the industrialisation of the State.
“With this Fund, owners and intending MSME entrepreneurs will have ready access to credit to fund or start their enterprises at single-digit interest rates with a maximum of a five-year repayment period.”
Fubara further explained that he was making efforts to establish a Youth Entrepreneurship Development Trust Fund to help create an enterprise culture and stimulate sustainable interest in entrepreneurial activities among youths to promote job creation and self-employment.
Hundreds of Nigerians on Wednesday staged an advocacy walk around the immediate perimeters of the Court of Appeal in Abuja, declaring their acceptance of the judgment of the Presidential Election Petition Court PEPC which affirmed the victory of President Bola Tinubu in the February 25 Presidential Election.
The peaceful protesters, under the aegis of Coalition for Good Governance and Change Initiative CGGCI said the tribunal’s verdict also validates Nigerian’s rejection of the plaintiffs, especially the presidential candidates of the Peoples Democratic Party PDP, Atiku Abubakar; and, Labour Party LP, Peter Obi.
Vanguard reports that the peaceful protesters, under the aegis of Coalition for Good Governance and Change Initiative CGGCI said the tribunal’s verdict also validates Nigerian’s rejection of the plaintiffs, especially the presidential candidates of the Peoples Democratic Party PDP, Atiku Abubakar; and, Labour Party LP, Peter Obi.
National Coordinator of the coalition, Comrade Okpokwu Udenyi, who led the peaceful walk also urged Atiku and others to join hands with Tinubu to move Nigeria forward.
He said; “We want to thank the Justices of the Presidential Election Petitions Tribunal who have sat as the Justices of the tribunal for delivering a sound judgment today.
“It is not a mistake that we are Nigerians by providence and God Almighty has brought President Tinubu to liberate the sufferings of the Nigerian people. Asiwaju has come with so many promises and he is fulfilling them.
“Within 100 days in office, he was able to sign the students loans Act into law. Within 100 days in office, he has initiated measures to cushion the effects of the subsidy removal that was done by the previous administration. Within 100 days in office, he was able to diversify the Nigerian economy recreating ministries and assigning them appropriately. Within 100 days in office, Asiwaju has continued to take giant strides. The world has come to reckon with Nigeria. And the United States of America has invited him for a side talk at the on-going NUGA games in Portugal. And being the only African leader invited for the meeting, it is a great indication that the world has agreed with the mandate of the Nigerian people that Asiwaju still remains the choice of the people”.
On Atiku and others who took the matter to the tribunal, Ogenyi said; “They are Nigerians. We, Nigerians rejected them with the mandate to lead us through the ballot. They should accept the verdict of the Court and move on with the President.
“The President is a welcoming President as you can see from Chief Olabode George who was called out for criticizing the President. Chief George said before the general elections that if Bola Tinubu becomes the President he will relocate to Ghana. Today, he is still in Nigeria enjoying the dividends of democracy under the same President Bola Tinubu.
“We are saying that Atiku, Peter Obi and Kwankwaso are all welcome to be part of the administration as all what we want is to ensure the success and progress of the Nigerian system which we believe is going to be obtainable under the President Tinubu administration”.
The Labour Party watched with dismay and trepidation the dismissal of petitions by the five-man panel of the Presidential Election Petition Court
led by Justice Haruna Tsammani today and we reject the outcome of the judgment in its entirety because justice was not served and it did not reflect the law and the desire of the people.
Nigerians were witnesses to the electoral robbery that took place on February 25, 2023, which was globally condemned but the Tribunal in its wisdom refused to accept the obvious.
What is at stake is democracy and we will not relent until the people will prevail.
We salute the doggedness of our team of lawyers who fearlessly exposed the wrath in our system. We can only weep for democracy in Nigeria but we refuse to give up on Nigeria.
Details of the party’s position will be presented after consultation with our lawyers after the Certified True Copy of the judgement is made available to us.
We urge all lovers of democracy to remain focused and hopeful because a new Nigeria is possible.
SIGN
Obiora Ifoh National Publicity Secretary Labour Party
The United Nations High Commission for Refugees (UNHCR) says no fewer than 35,000 people have been killed since the inception of the insurgency in the North-East in 2009 to August 2023.
Mrs Elsie Mills-Tetty, UNHCR’s Head of the Adamawa Office, disclosed this at a training for military personnel on human rights, humanitarian principles, and civilian protection in Yola on Wednesday September 6, 2023.
The News Agency of Nigeria (NAN) reports that the training was organized by the National Human Rights Commission (NHRC) in collaboration with UNHCR.
Mills-Tetty, who was represented by Umar Abdullahi, Assistant Protection Officer, said this was according to the “Global Center for Responsibility to Protect” report of August 2023.
According to her, the implication of these acts to the economic and social development of Borno, Adamawa, Yobe and Nigeria at large can never be overemphasized.
She added that in 2022, the NHRC reported that it investigated complaints on human rights as well as assisted victims in seeking redress.
Mills-Tetty said: “Cumulatively, the commission received 2314000 complaints. Adamawa had 65,456 complaints, which is approximately three per cent of the total complaints from the 36 states of the federation.
“The 2022 NHRC report also indicated that incidences of insurgency, banditry, kidnappings, farmers/herders clashes and attacks by gunmen continued to increase with the attendant number of internally displaced persons who face enormous human rights violations.”
She further called on the participants to take advantage of the training to boost their knowledge on human rights in the course of their duties.
In his address, Mr Tony Ojukwu, Executive Secretary, NHRC said the training was aimed at mainstreaming human rights into the counter-insurgency efforts of the Nigerian troops in the North-East.
Ojukwu, who was represented by his Special Assistant, Mr Benedict Agu, commended the Nigerian military and other law enforcement agencies for performing exceedingly well in containing insurgency.
He added: “To further sustain the gains made so far, the commission, in partnership with UNHCR is here to train key Military officers and men who are directly involved in the counter-insurgency operations in the North-East.
“The justification for this training cannot be overemphasized as the war against insurgency is complicated by the asymmetric nature of the conflict.
“The insurgents live within us and there is hardly a clearly drawn battle line between the insurgents and the civilian population,” he said.
Ojukwu urged the participants to ensure the implementation of the knowledge acquired while discharging their professional and private mandates.
**SAYS OLU OF WARRI IS A PRODUCT OF IMPOSITION, ENGAGES IN DOUBLE STANDARDS
The Forum of concerned indigenes of oil producing communities has called for an end by the incitement in Warri Kingdom, noting that the Olu of Warri is a product of imposition and said enough was enough.
While setting the record straight in Warri Kingdom particularly, the group said that; “We have watched with keen interest as the Palace of the Olu of Warri make futile attempts and laboured fruitlessly to justify the illegality of setting up the Iwere Host Community Development Trust, which contravenes and of course, completely negates the Petroleum Industry Act (PIA), that was signed into law in 2021”.
Signed for and on behalf of FORUM OF CONCERNED INDIGENES OF OIL PRODUCING COMMUNITIES, ORITSEJOLOMI EDEMA – (CHAIRMAN) and Amorighoye Ezekiel ( Secretary) , the Forum also said that; “The Act only made provisions for the establishment of Host Community Development Trusts (HCDTs) for oil producing communities. The Iwere Host Community Trust is illegitimate as it is a creation of the Olu of Warri, Ogiame Atuwatse 111. He also singlehandedly compiled its membership”.
According to the Forum; “After this unwholesome autocracy, the Palace has tried to ram the illegality down the throat of the Nigerian Upstream Petroleum Regulatory Commission (NUPRC).This should be validated by the authorities concerned.
The unacceptable charade of the Palace is being resisted by the host communities to the Otumara Oil Fields and Flow Station.
They are demanding that the illegality being perpetrated by the Olu should not be given official recognition by NUPRC”,.
They added that; “That instead the host communities, namely Ugborodo, Deghele and Ugboegungun, legitimately demand for the establishment of Otumara Host Community Development Trust and Ikpere Host Community Development Trust, respectively, for a joint implementation of the PIA, with Shell Petroleum Development Company (SPDC), Chevron Nigeria Limited (CNL) and NUPRC as incorporated in the PIA”.
“The host communities in this regard want NUPRC to strictly adhere to the provisions of the law.
And that NUPRC should act only based on extant laws, which is the PIA and its accompanying regulations. That anything outside the PIA breaches the ACT.
The Olu Palace is either displaying arrant ignorance or being deliberately mischievous.
They must therefore be guided in their attempt to forage in illegalities. They know what is meant by host community, it is not synonymous with the Itsekiri Ethnic nation’, they stated.
They stated that the host communities in this regard want NUPRC to strictly adhere And that NUPRC should act only based on extant laws,
which is the PIA and its accompanying regulations.
“After this unwholesome autocracy, the Palace has tried to ram the illegality down the throat of the Nigerian Upstream Petroleum Regulatory Commission (NUPRC).
This should be validated by the authorities concerned.
The unacceptable charade of the Palace is being resisted by the host communities to the Otumara Oil Fields and Flow Station.
They are demanding that the illegality being perpetrated by the Olu should not be given official recognition by NUPRC.
That instead the host communities, namely Ugborodo, Deghele and Ugboegungun, legitimately demand for the establishment of Otumara Host Community Development Trust and Ikpere Host Community Development Trust, respectively, for a joint implementation of the PIA, with Shell Petroleum Development Company (SPDC), Chevron Nigeria Limited (CNL) and NUPRC as incorporated in the PIA”, they wrote.
According to the forum also; “The host communities in this regard want NUPRC to strictly adhere to the provisions of the law.
And that NUPRC should act only based on extant laws, which is the PIA and its accompanying regulations.
That anything outside the PIA breaches the ACT.
The Olu Palace is either displaying arrant ignorance or being deliberately mischievous.
They must therefore be guided in their attempt to forage in illegalities. They know what is meant by host community, it is not synonymous with the Itsekiri Ethnic nation.
Perhaps the Palace needs to be educated that the two groups recognised and referred to as settlors, in the Act are the IOC and the host communities, which are expected to meet and bring people together to constitute the Trust’.
“What the Olu and his Palace have done is the establishment of a Trust that agglomerates the entire Itsekiri nation as one host community, which is fraudulent and of course, usurpes the rights of oil bearing communities.
This was not envisaged nor did it form part of the Petroleum Industry Act 2021.
It means any Itsekiri Community, that is not a host to oil facilities, can lay claim and be illegally recognised by NUPRC.
A blanket umbrella for the entire Itsekiri ethnic nation. There is more to this than meets the eyes.
The PIA only recognises host communities and not ethnic group, as done in the case of the general board of trustees constituted by the Olu of Warri, code-named Iwere Host Community Development Trust.
This action is absolutely wrong and represents reckless digression from the law.
As an imposition, it denies host communities of their legitimate rights”.
They said also that; “The issue in contention is the demand that only host communities should determine their trustees and not the Palace of Olu. The PIA law has nothing to do with any kingdom. The word Iwere infact encompasses every Itsekiri Community of Warri. The PIA does not authorize an ominibus inclusion of communities that are not host to oil facilities of the Federal Government”.
‘Besides, the aforesaid, The Palace is engaged in double standards. It did not interfere in the arrangement between Abigborodo and NPDC. That arrangement was allowed to fly in accordance with the PIA, apparently because some prominent supporters and backers of the Palace are from that area. A clear case of different rules for different folks. Nonetheless, what is a sauce for the goose should have been a sauce for the gander.
In the case of Abigborodo, NPDC did not go to the Palace. Both parties had their agreement signed and sealed independently. Is Abigborodo not part of the Itsekiri kingdom? Why was the proper procedure adopted in the case of that community?, they said.
Hear them also; “With the preferential treatment given to Abigborodo, it has become very clear that the action of the Palace is purely targeted at some individuals in other host communities, especially in the case of Ugborodo, Deghele and Ugboegungun.
This is the kernel of the argument by those opposed to the illegality of the Palace of the Olu.
It is very sad to note that the Palace has been instigating.and inciting uninformed chiefs and other willing tools of Itsekiri land against some prominent Itsekiri citizens, in the communities of Ugborodo, Deghele and Ugboegungun, who had insisted that the right thing should be done in line with the PIA ( 2021)”.
“The Palace has lately sponsored protests and campaign of calumny, as well as blackmail against these well-meaning Itsekiri personalities, who mean well for their communities and their inhabitants.
The hirelings of the Palace have engaged in reckless propaganda, mudslinging, name calling and character assassination, of persons opposed to the Olu unacceptable and oppressive actions.
In this regard, the conduct of the Palace which borders on impunity, can be explained in simple terms. The Olu of Warri is a product of imposition, his ascension to the throne received protests in good measures. Simply put, the Olu is a product of illegalities in his ascension to the ancient throne” the Forum noted.
They added; “In this regard, illegality has become a norm, and it is gradually creeping into every cranny of Iwere kingdom. It is the new normal! Hence illegalities are being extended to the PIA.
This has to stop. The Olu and his Chiefs should be desirous of peace in the kingdom.
In conclusion, we make bold to state that the Olu and his retinue of tearful praise singers cannot decide for host communities. His action in the PIA issue is abhorrent and won’t fly. The wrong decision and steps he has taken cannot be final on the matter.
It is the law that is final. The Palace and its occupant are advised to operate within ambits of the law”.
President Bola Ahmed Tinubu has been urged to renew the oil pipelines surveillance contract with Tantita Security Services Limited with a view to sustain maximum crude oil production as well as ensure a clean environment in the Niger Delta region.
This call was made by Deacon Kingsley Otuaro the immediate past Deputy Governor of Delta State in a statement made available to areanewsng.com in Warri, he said that the security company has made giant strides in collaboration with Government Security Agencies (GSA) to bring criminal acts of economic sabotage of the nation’s economy to the barest minimum as well as protect Government Critical assets in the once volatile Niger Delta.
The immediate past Deputy Governor of Delta State noted that the activities of alleged economic saboteurs in vandalizing pipelines, well heads and other critical assets and the attendant near collapse of aquatic life in the oil rich region has been reduced by the coordinated fight against the criminals which in turn leads to increased crude oil production per day.
According to Deacon Otuaro, “Tantita Security Services Limited assumes a pivotal role in safeguarding the nation’s critical oil and gas assets while combating the scourge of crude oil theft and pipeline vandalism in the volatile Niger Delta region.”
The immediate past Deputy Governor of Delta State implored President Tinubu to critically look into the significance of upholding the existing partnership with Tantita Security Services Ltd, a firm purportedly owned by Chief Government Ekpemupolo, also known as Tompolo saying that the partnership has been beneficial to the Federal Government as governments’ revenue has gone up from crude oil sales.
He added, “our national and sub-national governments’ fiscal foundations have invariably rested upon the tripod of revenue from crude oil and gas sales, tax receipts intricately linked to oil and gas subsidiary investments, and both external and internal borrowings.”
The immediate past Deputy Governor of Delta State was of the opinion that Tompolo’s background of being an indigene of Okerenkoko and Obotobo in Delta State makes him well suited to handle the job of securing the pipelines, adding that “is why the Company has been achieving breakthroughs and positive results in policing oil pipelines in the region.”
Deacon Otuaro spoke further, “hailing from the oil-rich communities of Okerenkoko and Obotobo in Delta State, Tompolo possesses an intimate comprehension of the tribulations posed by crude oil theft and vandalism. He is endowed with the competence and profound requisite insight to tackle the intricacies and sophistication characterizing the syndicated criminal activities of oil theft, oil asset vandalism and the mitigation of environmental despoliation in the region, Tantita Security Services Limited is indeed a perfect fit.”
President Bola Ahmed Tinubu on Monday received briefings from service chiefs on their ongoing operations ahead of his proposed trip to India to attend the G-20 summit.
The second regular routine national security council meeting at the Presidential Villa in Abuja was attended by Chief of Defence Staff (CDS), General Christopher Musa; Chief of Army Staff (COAS), Lt-General Taoreed Lagbaja; Chief of Air Staff (CAS), Air Marshal Hassan Abubakar, and Chief of Naval Staff (CNS), Vice Admiral Emmanuel Ogalla.
Daily Trust reports that the meeting on general security situation in the country, including review of areas where the service chiefs need to double down, was held behind closed doors.
Ex-militant leaders under the auspices of Anti Pipeline Vandalization and Crude Oil Theft Taskforce Group in the Niger Delta with the Coalition of Ex- Militant Leaders Forum of Ijaw and Itsekiri in Delta State, on sunday warned one Mr Austin Ozobo to immediately cease and desist from abusing and attacking His Imperial Majesty, The Olu of Warri Kingdom, Ogiame Atuwatse III CFR,
The angry ex-militant leaders sternly and strongly warn Ozobo whom they described as a jobless fellow that is being used by his paymasters in the region as instrument of distraction to infuse bad blood between the Itsekiris and the Gbaramatu kingdom Ijaws, after an emergency meeting conveyed by the National Coordinator of the group, Gen, Osama with the Coalition of Ijaw and Itsekiri Ex Militant Leaders Forum, which came up with a statement jointly signed by the two ex Militant Leaders Gen, Oritsegbubemi (AKA) Action Papa, Where they issued the warning.
They said Ozobo’s unguarded press Statement channeled to the Olu is disrespectful, disheartening, insultive, provocative disregard and derogatory rained on the highly respected monarch is demean, and drag his personality before online and social media space is a pure sacrilege to the Itsekiris in totality, which they the ex Militants condemned in entirety and will not be tolerated in any form. “And on the foregoing if Mr Ozobo refuses to tender an open apology to the highly respected Olu Of Warri Kingdom, who is one of the most respected Federal Monarch’s in the Niger Delta who is a member of Council Of Nigeria Traditional Rulers (NTRC) which is the Apex Council of all Traditional Rulers in the country, We will be forced to take drastic decision against Mr Ozobo and smoke him out of his hiding.
According to them, Ozobo was playing a script that is already conceived by his paymasters, whose payroll he belongs to, and vowed to go after him and will smoke him out in no distant time if he refuses to discontinue from such attack to the Olu Of Warri Kingdom, because they are on his trail to track him down already, and Mr Austin Ozobo is too small to match their firepower in the Warri environs and in Niger Delta, if the dance begin.
The statement reads in part, “It is with serious anger we are putting out this, because we are really saddened by the boldness of Mr Austin Ozobo who hails from Ayakoromo community under Burutu Local Government Area of Delta State that is not a host to any of the oil facilities in Niger Delta, neither produce a single drop of Oil, either a host to any pipeline in the Niger Delta to put out such demean disheartening, disgusting and unprintable insultive words to drag the personality of our revered Olu Of Warri Kingdom, who is a peaceful initiator, major unifier of different ethnic nationalities in the Niger Delta, A job provider, vanguard of peace building and development, and a foresighted monarch that is highly respected before the international communities with all sense of humility and humour to be described as a non stakeholder in the Niger Delta region and went as far as calling for the Revocation of the Olu Of Warri portion of the pipeline surveillance contract Job being operated by Pipeline Infrastructure Nigeria Limited PINL, Company in the region.
“It is not surprised to us for Ozobo who is a jobless fellow that is roaming about in Warri environs searching for daily survival, we know very well that Mr Ozobo will always do anything possible to protect his cup of tea, as far as it pleases his paymasters no matter who’s ox is gose, therefore we are not surprised at these outbost, but it is unfortunate and uncalled for, for such disheartening diminishing, disrespectful and provocative comments, for him to carelessly put out a blackmailing insultive and derogatory Statement, which he had the guts to call for the Revocation of the Olu Of Warri portion of the pipeline surveillance contract Job being operated by Pipeline Infrastructure Nigeria Limited (PINL) and referred the Olu Of Warri Kingdom to a non stakeholder in the Niger Delta that not supposed to benefit from the pipeline surveillance contract in the region.
“But the ex militant leaders adviced him to refrain from using such unwarranted unreasonable poor senseless insightful carless and demean comments not to be channeled to the revered Olu Of Warri Kingdom any longer in other to do him a good, if not he will be smoked out and pay dearly for such irritating comments, online and social media space henceforth.
The Militant group want to know, what really prompt Mr Austin Ozobo for making such dirty careless comments and unfounded facts about His Imperial Majesty on social media, that the Olu is not a stakeholder in the Niger Delta as such he is not supposed to benefit in the pipeline surveillance contract job in the region, the painful aspect of it all is that, Mr Ozobo also went far as to alleged that it was Tompolo who single handedly fought hard to secure these multi-million dollar pipeline surveillance contract job, and that the Olu is just a beneficiary to it, as such he is calling for the Revocation of the Olu Of Warri portion of the pipeline surveillance contract. These statement is condemnable highly insultive, discriminative and disrespectful to the Itsekiri Nation as one of the highest crude oil producing Ethnic tribes in the Niger Delta, and to the Olu’s personality and the throne in particular.
“And the fellow who call himself an activist whose Community does not have a single drop of crude oil not to talk of host to any oil facilities and pipeline Infrastructure in the Niger Delta now have the guts, the temerity and the order city to call for the Revocation of the portion of the pipeline surveillance contract that is being by the Olu Of Warri, and also referred the Olu Of Warri to some set of misguided elements in the region who take pride in threatening their fellow ethnic tribes with oppressive methods to always wanting to hijack everything to themselves for every given opportunity in the region. “These is an abomination and a sacrilege before us, and he will not go scott free for those insultive derogatory Statements.
“If you Ozobo refuses to discontinue and retrace your footsteps from such act, we will be left with no option than to declare you wanted and you will be used as escape goat, a word is enough for the wise.”However, the group clarified that, “It is good we should use this opportunity to educate the general public including Ozobo who has played the script of his paymaster and for reference point, for tomorrow’s sake.
“We want the presidency, Nigerians and Niger Deltans to know that, the revered Imperial Majesty OGIAME ATUWATSE III (CFR) the Olu Of Warri Kingdom is the host to the largest bulk of Oil and Gas facilities in the Warri South West Local Government Area of Delta State that is host to Chevron Nigeria Limited and other major oil companies, and host to the Trans Escravos Warri Kaduna NNPC major delivery pipeline, the same time, the Olu Of Warri is host to most of the NNPC/NPDC/Shell Nigeria Limited and Chevron Nigeria Limited Oil facilities under Warri North Local Government Area of Delta State.
“The same thing applicable to Warri South Local Government Area of Delta State, the Olu Of Warri is also host to a major part in the OML30 Trans Forcados Pipeline (TFP) that is 48 inch line that cut across over 1,11 communities that is being operated by Shell/NNPC/Heritage Company from the Forcados terminal.
“It is also imperative to point out that the Itsekiri tribe in which the Olu Of Warri is their revered monarch is the largest crude oil producing tribe in Delta State and also the Olu Of Warri contribute a large portion of the over 1.2 to 1.6 million barrels of crude oil daily production output to the Federation that is being shared as revenue to the 36 States and Fct with the 774 Local Government Areas of the country. Therefore Mr Ozobo and his paymasters should take note of this verifiable fact about the Olu Of Warri kingdom and his dominance in Delta state, as a personality.
Lastly Mr Austin Ozobo should wake up from slumber and ignorance about the Tompolo pipeline surveillance contract job that is being operated by Tantita Security Company, that is being awarded by NNPC Limited, to the total amount of $370,807,173.00 annually and not N4 billion that is falsely spread in the public domain to deceive and blind fold timid people like Ozobo who are naysayers that is under their payroll with peanuts, Mr Ozobo and the general public should know that, the above Trans Niger Pipeline (TFP) surveillance contract was awarded to the tune of over ($1. 3billion dollar) which is over N1.trillion naira, and it was shared into three portion, Eastern corridor, Western corridor and Central corridor, and the Western corridor was awarded to Tompolo’s Tantita Security Company at the total sum of $370,807,173.00, in dollars therefore Mr Austin Ozobo and his fellow disgruntled and misguided elements who are naysayers in the region should wake up from slumber and open their eyes, and never again appoint accusing fingers to the Olu Of Warri henceforth. The Militant group warned”
**Describes exclusion of Itsekiri highest oil & gas producer as oppression, marginalization, threat to National unity
The people of Itsekiri ethnic extraction in Delta State have raised an alarm over their exclusion into the new NDDC Board and Management team as about to be reconstituted by President Bola Ahmed Tinubu.
Chief Robinson Ariyo
This alarm was contained in their protest letter weekend addressed to the President and the Senate president Senator Goodwill Akpabio and the Speaker House of Representatives, Rt. Hon. Tajudeen Abbas, drawing their attention to as a matter of urgency to look into the issue and address it as possible to avert the anomaly in the NDDC Board .
The Itsekiri ethnic group is also urging the federal government to look at the law setting up the NDDC and correct the injustice about to take place in the Commission.
They also described exclusion of Itsekiri ethnic extraction which they stated is the highest oil & gas producing group in Delta State as oppression, marginalization, threat to National unity and legal foundation of the Nigerian state.
The protest letter over the exclusion of the Itsekiri ethnic extraction from the proposed NDDC Board about to be inaugurated was signed by Chief Robinson Ariyo, a Social Activist, Legal Practitioner, of Robinson Ariyo & Co, and a Chief of the ancient Warri Kingdom who is also the holder of the title, “Egogo of Warri Kingdom”, the Traditional Announcer of Warri Kingdom, Delta State, on behalf of the group read in parts:
THE INCESSANT MARGINALIZATION, OPPRESSION AND DEPRIVATION OF THE PEOPLE OF ITSEKIRI ETHNIC EXTRACTION: A FORMAL PROTEST OVER THE MANIFEST SOCIAL INJUSTICE, THREAT TO NATIONAL UNITY AND THE PROMOTION OF THE PREDOMINANCE OF PERSONS FROM ONE ETHNIC OR SECTIONAL GROUP IN VIOLATION OF THE LEGAL FOUNDATION OR BASIS OF THE NIGERIAN STATE AS DEEPENED BY THE RECENT APPOINTMENT OF A NEW BOARD AND MANAGEMENT TEAM OF THE NIGER DELTA DEVELOPMENT COMMISSION, (NDDC).
We act for Chief Robinson Ariyo, a Social Activist, Legal Practitioner, of Robinson Ariyo & Co, and a Chief of the ancient Warri Kingdom; he, being the holder of the title, “Egogo of Warri Kingdom”, symbolized by the gong, meaning literarily, the Traditional Announcer of Warri Kingdom, Delta State of Nigeria, herein after in this petition also referred to as “Our Client.”
Our client informed us as follows:
That our client recently became seized of the information now in the public domain, of the proposed constitution of the new Board and Management of the Niger Delta Development Commission (NDDC) by His Excellency, the President and Commander in Chief of the Federal Republic of Nigeria.
That the said information is as contained in a release issued on the 28th day of August, 2023 by Chief Ajuri Ngelale, Special Adviser to the President (Media & Publicity).
That upon a careful perusal of the said publication, our client discovered that the duo of Mr. Chiedu Ebie , the proposed Chairman nominee from Delta State and Rt. Hon. Monday Igbuya, the proposed State Representative nominee from Delta State are persons whose Senatorial Districts (Delta North and Delta South respectively) have not only taken their turns in the previous appointment circles, but are persons whose communities’ quantum of oil production compared with that of our client’s is insignificant; regard being had to the express provisions, spirit and intent of Section 14 (1) & (3); 3rd Schedule Part 1 C, Paragraphs 8 (1) & (2) and 7th Schedule ( Oath of Office) of the Constitution of the Federal Republic of Nigeria, 1999 as amended, the NDDC Act and the well-established applicable convention regarding appointment amongst the oil producing ethnic groups in Delta State; an arrangement from which the Senatorial Districts of the proposed appointees have robustly benefited since the inception of the NDDC regime.
That the following facts are worthy of isolation in the extant situation particularly with regards to the allotment of the positions as they affect Delta State:
Engr. Godwin Omene of Urhobo ethnic extraction could not complete his 4-year tenure as Managing Director (MD), of the NDDC Board; Senator Aguariavwodo Edesiri Emmanuel (another person of Urhobo ethnic extraction) was appointed to complete it. Elder P.Z. Aginighan of Ijaw ethnic extraction could not complete his 4-year tenure as Executive Director, Finance and Administration, another person of Ijaw ethnic extraction, Lambert Kobonye was appointed to complete it.
Elder Emmanuel Ogidi of Isoko ethnic extraction served as Commissioner representing Delta State in the Board and could not complete his tenure; another person of Isoko ethnic extraction Chief Solomon Ogba was appointed to complete the 4year tenure.
As reported in the Vanguard Newspaper of October 14, 2003, an Urhobo group, Niger Delta Forum petitioned the Federal Government, calling for the appointment of another Managing Director of Urhobo stock for the Niger Delta Development Commission (NDDC), when Godwin Omene proceeded “on accumulated leave”. The Itsekiris added their voices to this call. This good turn is what our client as well as all concerned persons of Itsekiri ethnic extraction are saying deserves another.
In the more recent case, in 2013, Engr. Tuoyo Omatsuli of Itsekiri ethnic extraction was appointed based on the aforesaid arrangement into the office of Executive Director, Projects (EDP) on the Board of the Niger Delta Development Commission (NDDC) for a period of 4 years.
When Engr. Tuoyo Omatsuli could not complete his tenure and based on the said arrangement which is consistent with the provisions of the relevant statutes and conventions, it was expected that one in the array of qualified and suitable persons of Itsekiri ethnic extraction who were suggested for the position be nominated for the position or at the very minimum the Itsekiris be accorded the first option to produce a qualified and suitable person for the said position but this did not happen and the Itsekiris took their protest to the Federal High Court in Abuja; same was however resolved out of court with the understanding that the lopsidedness would be corrected subsequently.
Since then, the Itsekiris have been circle after circle agitating for the correction of this unjust and inequitable predominance with the emergence of His Excellency, President Ahmed Tinubu our client had high expectations that this wrong would be made right only to be woken up to the shock that again the Itsekiri are about to be excluded.
Your Excellency sir, kindly permit us to humbly invite the attention of your good offices and the red chambers to the fact that the Itserkiris account for the highest quantum of oil production in Delta State; notwithstanding that they may be a minority ethnic group, it is our humble submission that they are entitled to the protection that is anticipated in a union like the Nigerian State as conceived by the Founding Fathers of this great nation.
In humbly buttressing our case we seek in refuge and emphasize the following points with which Your Excellency’s is very much familiar for consideration:
By virtue of the long title of the NDDC Act, it is:
“An Act to provide for the repeal of the Oil Mineral Producing: Areas Commission Act 1989 and among other things establish a new Commission with a re-organized management and administrative structure for more effectiveness and for the use of the sums received from the allocation of the Federation account for tackling ecological problems which arise from the exploration of oil minerals in the Niger-Delta area, and for connected purposes”
The focus on oil production areas and communities is further accentuated by section 2 (1) (a) of the NDDC Act which with the leave of Your Excellency we reproduce below:
S. 2 (1) There is hereby established for the Commission a governing Board.
(a) person who shall be an indigene of an oil producing area to represent each of the following states …
”Form the above, there is no gainsaying that fact that the principal intention of the Act is the restoration of the areas impacted by oil exploration; which makes the areas of oil production and their inhabitants the primary target of the Act.
Section 14 (1) & (3) of the Constitution of the Federal Republic of Nigeria, 1999 provide:“(1) The Federal Republic of Nigeria shall be a State based on the principles of democracy and social justice. (Emphasis ours)
(3) The composition of the Government of the Federation or any of its agencies and the conduct of its affairs shall be carried out in such a manner as to reflect the federal character of Nigeria and the need to promote national unity, and also to command national loyalty, thereby ensuring that there shall be no predominance of persons from a few State or from a few ethnic or other sectional groups in that Government or in any of its agencies”
Paragraphs 8 (1) & (2) of the 3rd Schedule Part 1 C, the Constitution of the Federal Republic of Nigeria, 1999 provide:
“8. (1) In giving effect to the provisions of section 14(3) and (4) of this Constitution, the Commission shall have the power to:
(2) The posts mentioned in sub-paragraph (1) (a) and (b) of this paragraph shall include those of … the Federal and State parastatals”
7th Schedule (Oath of Office of the President) of the Constitution of the Federal Republic of Nigeria, 1999 provides:
“I, ………….. do solemnly swear/affirm that I will be faithful and bear true allegiance to the Federal Republic of Nigeria; that as President of the Federal Republic of Nigeria, I will discharge my duties to the best of my ability, faithfully and in accordance with the Constitution of the Federal Republic of Nigeria and the law”
Your Excellency sir, as constituents of the Federal Republic of Nigeria our client remains bound by the Constitution of the Federal Republic of Nigeria 1999 as amended; same being the fundamental law of our land after which all other laws like the NDDC Act was made and should be considered especially in the circumstances.
It is no doubt the aspiration of our founding fathers that in composition of the Government of the Federation or any of its agencies like the NDDC it should be done in such a manner as to reflect the federal character of Nigeria and the need for national unity, and also to command national loyalty, thereby ensuring that there shall be no predominance of person from a few states or from a few ethnic or sectional (emphasis ours) groups in that Government or in any of its agencies.
We humbly implore Your Excellency to consider our extant petition within the perimeters of the phrases in the afore-cited provisions of the Constitution to with:
The need for national unity
To command national loyalty
Ensuring that there shall be no predominance of person from a few ethnic or sectional (emphasis ours) groups in that Government or in any of its agencies”
We therefore, humbly act on the instructions of our client to protest the incessant marginalization, oppression and deprivation of the people of Itsekiri ethnic extraction over the manifest social injustice, threat to national unity and the promotion of the predominance of persons from one ethnic or sectional group in violation of the legal foundation or basis of the Nigerian state as reflected in the recent appointment of a new Board and management team of the Niger Delta Development Commission (NDDC) in the circumstances of this case.
We urge upon Your Excellency to wade into this potentially volatile issue accordingly with a view to redressing the situation and restoring the confidence of our client in the Nigerian Project.
We anticipate Your Excellency’s usual swift and smooth response to issues of this nature as our client is always prepared and willing to provide any additional information that might assist the effective and effectual determination of this matter.
CC: Distinguished Honourable Abbas Tajudeen, Speaker, House of Representatives of Federal Republic of Nigeria, Three Arms Zone, Abuja, Federal Capital Territory.