Contending Issues in the Niger Delta Crisis of Nigeria - Journal of ...

Contending Issues in the Niger Delta Crisis of Nigeria - Journal of ... Contending Issues in the Niger Delta Crisis of Nigeria - Journal of ...

26.01.2015 Views

Chapter II: The Niger Delta Crisis: The Political Economy of Fossil Fuels in Nigeria proclamation of 1900 and 1910 subjected the power of the emirs in the Northern Nigeria on the control of land to the wishes of the colonialists. By 1914, the amalgamation of the Northern and Southern Protectorate brought about the ownership of land and mineral resources found in them under the control of the government. This was concretised through the 1914 Mineral Act which was in operation till 1969. The Petroleum Act of 1969 replaced the draconian law of mineral exploitation without any responsibility by the oil companies mostly on the issue of environmental implications to the host communities. To have effective control over the natural resources with more emphasis on the fossil fuel, government introduced the Land Use Decree in 1978NCs with their indirect means of controlling federal government. It was rumoured that the botched coup d’état against the Murtala/Obasanjo administration was orchestrated by the Shell petroleum in order to have total control of the finite oil resources. The Land Use Decree was used to take away the ownership of heritage land away from the people of Niger delta. Efforts by the oil producing communities to seek redress from the law court failed because the judiciary that was expected to maintain equity was part of the three arms of government which promulgated the Decree. For instance, the Delta State’s Ivrogbo community’s attempt to employ the services of the law court to demand compensation for environmental degradation in form of air pollution through gas flaring and oil spillage met a brick 22

Dr. Lere Amusan wall as the court declared that the case was not within its jurisdiction (Omoweh, 1996: 40). When the oil producing areas could not employ the services of the law court to claim damages or restore the status quo ante, they resorted to the use of native intelligence in form of sending honey bees, taking hostage and other forms of illegal means to send messages to the oil companies and the federal government on the illegality of the 1978 Decree. Though after the oil companies would win court cases, they always pledged to compensate the communities involved or private individuals, but their promise always turned out to be vague or belated. The activities of Oil Servicing Companies (OSCs), mostly Seismography Services Limited, are another area which the struggle against degradation and pollution of the environment has failed to capture. Because of the financial outlay of the Shell oil companies, the major focus of the restive youths in the Niger Delta is the government and the oil majors while the operation of the contractors, engage in the laying of surface pipes to transport crude oil to their terminal stations suppose to be area of attack. This would have sent a signal to the oil companies and the government to find a lasting solution to the problem in the South-South. The crisis of ownership of the land between the government and communities on one hand and among various communities on the other makes the oil companies have their field days as the confusion 23

Chapter II: The <strong>Niger</strong> <strong>Delta</strong> <strong>Crisis</strong>: The Political Economy <strong>of</strong> Fossil Fuels <strong>in</strong><br />

<strong>Niger</strong>ia<br />

proclamation <strong>of</strong> 1900 and 1910 subjected <strong>the</strong> power <strong>of</strong> <strong>the</strong> emirs <strong>in</strong><br />

<strong>the</strong> Nor<strong>the</strong>rn <strong>Niger</strong>ia on <strong>the</strong> control <strong>of</strong> land to <strong>the</strong> wishes <strong>of</strong> <strong>the</strong><br />

colonialists. By 1914, <strong>the</strong> amalgamation <strong>of</strong> <strong>the</strong> Nor<strong>the</strong>rn and<br />

Sou<strong>the</strong>rn Protectorate brought about <strong>the</strong> ownership <strong>of</strong> land and<br />

m<strong>in</strong>eral resources found <strong>in</strong> <strong>the</strong>m under <strong>the</strong> control <strong>of</strong> <strong>the</strong> government.<br />

This was concretised through <strong>the</strong> 1914 M<strong>in</strong>eral Act which was <strong>in</strong><br />

operation till 1969. The Petroleum Act <strong>of</strong> 1969 replaced <strong>the</strong> draconian<br />

law <strong>of</strong> m<strong>in</strong>eral exploitation without any responsibility by <strong>the</strong> oil<br />

companies mostly on <strong>the</strong> issue <strong>of</strong> environmental implications to <strong>the</strong><br />

host communities.<br />

To have effective control over <strong>the</strong> natural resources with more<br />

emphasis on <strong>the</strong> fossil fuel, government <strong>in</strong>troduced <strong>the</strong> Land Use<br />

Decree <strong>in</strong> 1978NCs with <strong>the</strong>ir <strong>in</strong>direct means <strong>of</strong> controll<strong>in</strong>g federal<br />

government. It was rumoured that <strong>the</strong> botched coup d’état aga<strong>in</strong>st <strong>the</strong><br />

Murtala/Obasanjo adm<strong>in</strong>istration was orchestrated by <strong>the</strong> Shell<br />

petroleum <strong>in</strong> order to have total control <strong>of</strong> <strong>the</strong> f<strong>in</strong>ite oil resources. The<br />

Land Use Decree was used to take away <strong>the</strong> ownership <strong>of</strong> heritage<br />

land away from <strong>the</strong> people <strong>of</strong> <strong>Niger</strong> delta. Efforts by <strong>the</strong> oil produc<strong>in</strong>g<br />

communities to seek redress from <strong>the</strong> law court failed because <strong>the</strong><br />

judiciary that was expected to ma<strong>in</strong>ta<strong>in</strong> equity was part <strong>of</strong> <strong>the</strong> three<br />

arms <strong>of</strong> government which promulgated <strong>the</strong> Decree. For <strong>in</strong>stance, <strong>the</strong><br />

<strong>Delta</strong> State’s Ivrogbo community’s attempt to employ <strong>the</strong> services <strong>of</strong><br />

<strong>the</strong> law court to demand compensation for environmental degradation<br />

<strong>in</strong> form <strong>of</strong> air pollution through gas flar<strong>in</strong>g and oil spillage met a brick<br />

22

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