Date Published: 07/10/09
AMNESTY AND THE NIGER DELTA QUESTION
By Edoreh F. Edoreh
In exercise of the powers conferred upon him by the provisions of Section 175 of the Constitution of the Federal Republic of Nigeria, President Umaru Musa Yar'Adua on Thursday 25th June 2009, after due consultation with the Council of States finally signed the document proclaiming the much awaited amnesty and unconditional pardon to "all persons who have directly or indirectly participated in the commission of offences associated with militant activities in the Niger Delta. It would be recalled that a Presidential Panel on Amnesty and Disarmament of Militants in the Niger Delta was set up earlier on the 5th of May, 2009 paving way for the proclamation.
The amnesty is opened to all militants, irrespective of the charges or allegations against them, and extends to all persons presently being prosecuted for offences related with militant activities in the Niger Delta. The offer is predicated on the willingness and readiness of the militants to surrender and handing-over of all equipment, weapons, arms and ammunition, and the execution of the renunciation of militancy in all its ramifications.
The amnesty runs from 6 th August, 2009 for a period of sixty days, and ceases to have effect from Sunday, 4th October 2009. The amnesty is targeted at militants with genuine issues, thus, “government would consider any other violent agitator as a criminal” “after the offer elapses. Government strongly believes that the amnesty deal is another decisive step in the federal government’s “avowed commitment to bringing enduring peace, security, stability, and development to our nation's Niger Delta”.
Henry Okah, the acclaimed leader of the Movement for the Emancipation of the Niger Delta (MEND), although, still under the firm grips of the laws and despite his reported deteriorating state of health was reported to be in high-spirit following the amnesty granted to the militants. Okah was arrested in Angola in February 2008 and later extradited to Nigeria. He has been facing secret trial for treason in Jos, Plateau state.
Chief Edwin Clark, one of the foremost leaders of the Ijaw ethnic nationality and First Republic Minister of Information has called on the militants, particularly its leader, Government Ekpemupolo, alias Tompolo to “come out to publicly accept the amnesty granted by Mr. President.”
It would be recalled that Tompolo was declared wanted by the Joint Task Force (JTF) during the heat of the invasion of Gbaramatu kingdom in its operation “Condon and search” in the creeks of the Niger-Delta. During the onslaught, there were reports that humanity was grossly debased and innocent children and aged parents were dehumanized, openly assaulted and cruelly murdered in cold blood.
Other persons who are considered luckier are still being displaced in the bushes of some Ijaw villages for the fear of the unknown, while many have become refugees in their own land, thereby making a case for the helpless youths to consider joining their kinsmen in the creeks for the survival of the struggle.
The militant group has stated that its acceptance of the amnesty offer depends on how the government treated the issue of its detained leader, Henry Okah, and as a key factor to showing government’s genuine interest and sincerity of purpose in resolving the Niger Delta crises. Already, diplomatic consultation for the release of Okah is said to be underway.
The militants in their splinter groups have been trickling out in droves for the acceptance, renunciation and disarmament, but are still being awaited to declare their stance in clear terms to the amnesty offer. The Movement for the Emancipation of the Niger Delta (MEND), the umbrella body of the militants in the Niger Delta which seem to be championing the Niger Delta struggle and claims to be fighting for a fairer share of oil wealth accruable from the region for the impoverished and long neglected people of the region says the amnesty so proclaimed by the federal government was directed at “criminals”, and not at “freedom fighters” which MEND fundamentally stands for.
The Movement in a statement through its spokesman, Jomo Gbomo stated that if the proclamation was directed at freedom fighters with a cause, it would have addressed the root issues that are fundamental to the Niger Delta crises such as a genuine unconditional release of Henry Okah and others, true fiscal federalism and federal character, investigations of JTF extra-judicial killings, troop withdrawal time-table, displaced civilians, reconstruction of their sacked villages and their rehabilitation.
Chief Clark who quickly disassociated himself from his rumoured sponsorship of the militants maintained that the long oppressed people of Niger Delta are patiently waiting on President Yar’Adua to know what the presidency has in stock for them after the amnesty deal. He argued that the amnesty deal “could only be realistic if the oppressed people were emancipated from the grip of marginalisation, pandemic poverty and wanton killings and maiming of innocent persons.”
The Ijaw leader noted that according to the United Nation’s report of 2007, the Niger-Delta is the poorest and most underdeveloped oil producing part in the world, and called on Mr. President to implement the reports of the Niger-Delta Technical committee; headed by Mr. Ledum Mittee.
Already, Tompolo is said to have indicated his readiness to accept the federal government amnesty offer, being a man that stands for peace in the Niger Delta struggle since 2007. So far, the rank of militant commanders who are willing to lay down their arms in view of the amnesty deal has continued to swell across the Niger Delta.
“General Boyloaf”, another senior “Commander” of the MEND is also reported to have given his consent in principle and readiness to accept the amnesty offer. The said “General” gave an insight into why the hierarchies of the militants’ high commands, including himself, leader of the Niger Delta Vigilante Movement, Ateke Tom, Commander Farah Dagogo and others have not yet given up their arms. He revealed that they are still watching the situation to ascertain the sincerity of purpose of the federal government.
Also, the foursome of Ateke Tom, Farah Dagogo, Soboma George and Ebikabowei Victor Ben (aka Boyloaf) say they would only surrender their arms after a meeting with President Shehu Musa Yar Adua where they intend to raise some grey areas bothering on the amnesty granted militants in the region.
Joining the fray of militants prepared to abandon life in the mangrove jungle of the creeks in the Niger Delta are Commander Joshua Maciver, General Africa, Commander Ogunboss and Commander Lagos Jackson aka Gbiri with three camps. Commander Joshua Maciver, who controlled one of the most feared camps in Southern Ijaw council was said to be the first to renounce armed struggle about a year ago and he is still queuing up for a disarmament.
Gen Ogunboss, too, a commander from the Niger Delta Vigilante Force in the upper senate of MEND lamented that for long the elders and leaders of the region have been dialoguing under peaceful atmosphere with the Nigerian state for fair deal with nothing to show for their peaceful approach. He cited the continued deplorable state of Oloibiri, the unfortunate community which hosted the first oil well in Nigeria commercial crude exploration.
Earlier, a militant leader, Mr Solomon Ndigbara aka Osama Bin Laden was reported to have surrendered his arms to the federal government as an indication of his willful acceptance of the amnesty offer granted by the government. On hand to receive the arms on behalf of the federal government at Yeghe in Gokana local government area of Rivers state was the Inspector General of Police, Mr. Mike Okiro no sooner than the proclamation of the amnesty was made by Mr. President.
Apart from these leaders who have openly expressed their willingness to give peace a chance, other armed gangs are also towing the part of the bigger warlords. For instance, the leader of the Deadly Underdogs, a potent militant group in Egbema kingdom, Warri North local government area of Delta state has accepted the amnesty offer and is willing to surrender his arms to the state Governor, Dr. Emmanuel Uduaghan.
Governor Uduaghan has continued to lend his support for the amnesty offer on the ground that it will allow for other steps that constitute part of the critical stages in resolving the Niger Delta marginalization and disempowerment to mature into fruition, through such structures like Niger Delta Development Commission (NDDC); the Niger Delta Ministry, the implementation of the Niger Delta technical report otherwise known as Ledum Mitee report with the various state governments playing its role. The amnesty offer will end economic sabotage or violent action in pursuing legitimate aims of the Niger Delta struggle. It will also allow the leadership of the zone an opportunity to engage Nigeria in the way forward.
Opinions divide on the government amnesty initiative. While some consider the amnesty as a turning point and a panacea for an enduring peace in the Niger Delta, others believe that sovereignty, true fiscal federalism, genuine sincerity of purpose and immediate and proactive approach to the developmental needs of the region is crucial. Some school of thought advocates that the government should see the amnesty in itself as a palliative measure to give way to a genuine, all-involving negotiations leading to the resolution of many years of neglect and injustices in the area.
Amnesty International, an international group that monitors human rights situation across the globe dismissed as misplaced priority the amnesty package offered by the Federal Government to the Niger Delta militants. It argued that it would not yield the desired result. The organisation flayed the government over the abuse of human rights of Niger Delta people by oil companies that the government cannot or will not hold to account. It singled out Shell Petroleum as a major culprit. Its Executive Secretary, Mr Rowland Ewubare, said one of the reasons why the government had not been able to hold Shell accountable of its misdeed is because powerful Nigerians or and government are into joint venture with the it.
The Bishop of the Anglican Diocese of Akure, Ondo State Rt Rev Micheal Ipinmoye have also faulted the Federal Government offer of amnesty to militant youths in the Niger Delta Region saying it should first address the fundamental issues that gave rise to militancy in the Region. Speaking with newsmen in Akure at a Pre-Synod Press Conference of the Church, the clergy man noted that the offer was commendable but that the government needed to do more for the neglected people of the region than amnesty to solve the lingering crisis in the areas.
Olorogun Kenneth Gbagi, former chairman of the Board of the Legal Aid Council of Nigeria and business mogul was reported to have also faulted the amnesty deal. He argued that it is structurally defective and is not a solution to the Niger Delta crisis. He said there was nothing tangible the Federal Government said it was going to do in the Niger Delta beyond gracing the tube light to make unproductive and very undemocratic statements in the name of amnesty to militants.
Also, the Niger Delta Non Violent Movement has said the amnesty granted militants in the region would not achieve the desired result. According to President of the group, Mr. Onengiye Erekosima, the federal government failed to engage in wide consultations with militants and other stakeholders in the region to harmonize on fundamental issues to the success of the amnesty
Top militant leader, Government Ekpemupolo, alias Tompolo has maintained that even if he is captured and made to pay the ultimate sacrifice by the security outfit, the Niger-Delta crisis will continue except the Federal Government tackles the root cause of the problem, which basically is underdevelopment of the region.
Since the proclamation of the amnesty, militants have unabatedly continued to launch offensives against the oil industry in the Niger Delta in a bid to cripple crude production, thereby dashing hopes that the amnesty offer by the federal government would usher in a period of tranquility. Quite frankly, there seem not to be a consensus among militants in the Niger Delta on the amnesty deal.
Barely 12 hours after President Umaru Yar’Adua proclaimed amnesty for militants in the Niger Delta on Thursday June 25 th, MEND claimed responsibility for blowing up a well head (jacket B) of the Shell Afremo off-shore oil field in Delta State, in response to the razing down of the homes of some perceived militants at Agbeti community in the state by the Joint Task Force (JTF) on the Niger Delta, earlier that day. Despite the amnesty offer, the militants’ “hurricane” has cut across Bayelsa and Rivers states and threatens to enter Edo, Ondo and others. Nigeria, a leading member of the international oil cartel OPEC depends strongly on oil as the mainstay of its economy.
MEND said it blew up a gas pipelines off-shore to coincide with Russian President Dmitry Medvedev visit to Nigeria during which major energy investment deals were struck, warning the Russian government not to invest in the country's oil and gas industry.
Besides, the militants’ activities have grounded the Nigeria National Petroleum Corporation (NNPC) and Shell Petroleum Development Company operated joint venture operations in the Niger Delta, with indications that a shut down may be imminent.
Nigeria, a leading oil producer in Africa has had to compete with Angola for that position since the troubles in the Niger Delta heated up since 1999 and had remained unabated. The activities of MEND and those of other militant groups have continued to cripple crude production in the world’s eighth largest producer to plummet to around 1.35 million barrels a day, compared to 2.8 million in 2006.
At the last count, MEND claimed responsibility for the attack on pipelines belonging to Shell Petroleum Development Company (SPDC) and Agip in Nembe, Bayelsa state. The pipeline connects the Agip terminal in Brass while the Shell Nembe creek line was also destroyed at Asawo village. MEND said in a statement that it would continue with its upgraded oil war, tagged: “Hurricane Moses” until the release of its leader, Henry Okah. The Joint Task Force (JTF) appears helpless as its operations are targeted at intimidating, molesting and killing of innocent citizens in some Ijaw villages far away from the creeks where the militants claim dominance.
Earlier, MEND said it attacked Chevron's Okan manifold in the Niger Delta, hours after it sabotaged an oil well head operated by Royal Dutch Shell. Chevron, Shell and Italian energy firm Agip have cut output downward again by another 273,000 barrels per day in past few days.
It is likely that the unceasing attacks by the militants would affect the Federal Government’s financial might to muscle the implementation of the 2009 budgetary provisions. It is also likely the situation would affect gas production industries because there would not be enough gas to fire the pipelines.
With all the military presence and artillery, wasteful costs of feeding them fat in the name of security watch and keeping the military in the Niger Delta, MEND has again claimed responsibility for the kidnap of a chemical tanker and its six crew members about 20 nautical miles from Escravos in Delta State for allegedly disregarding its earlier warning to oil, gas and chemical tankers to keep away from the Niger-Delta; the latest attack in a string of attacks in Africa's biggest energy producer.
The six crew members are Captain Yuriy Shastim (Russia), Chief Engineer Vasvi Bondarkov (Russia), 2nd Engineer Viktor Koshevoy (Russia), Cadet Banjit Singh Dhindsa (India), Arivando Galima (Philippines), and Tavares Rouirgo (Philippines). MEND further threatened that the next tanker that will be intercepted would not be this lucky as it would be set ablaze outrightly.
Analysts put the daily loss of government revenue as a result of the militant activities at one million barrels per day. According to investigations with the Central Bank, the “total federally-collected revenue in the first quarter, 2009 stood at N1,183.72 trillion, representing a decline of 10.8 and 31.9 per cent from the proportionate budget estimate and the preceding quarter’s level.”
Fears have gripped the labour market as there are indications that job lay-offs may have already commenced in the oil sector due to the unceasing economic sabotage by the militant. Also, sustainable community development projects have been suspended until when situation improves.
As we all hope that the amnesty will work out some magic, there should be no form of ulterior motive whatsoever in this amnesty deal. It will be a miscalculation and great disservice to the nation if the government had granted amnesty to the militants primarily to ensure a peaceful creek just to allow uninterrupted oil flow from the region without resolving the fundamental issues bothering on the Niger Delta struggle.
It is still fresh in the mind that Asari Dokubo was granted amnesty in 2005 before handing over his arms to the federal government during former president Obasanjo administration. But few months later, he was arrested and incarcerated which lasted for over two years. That in itself was enough betrayer and distrust in that bargain to invoke doubtful minds in the militants.
For instance, the echo of the arrest of Asari Dokubo alone for his overseas trip while talk on the amnesty was at top gear sent shivers to the militant camps in the creeks and was strongly perceived with the manifestations of deceptive tendencies until Mr. President had to personally douse the tension.
One would have expected that since it was just a chat with the police, and considering the security implications at this stage of amnesty, coupled with the true intents of government, Asari Dokubo could have been availed the privilege to be invited to the Police with every sense of security. At least, that would have helped to build the confidence of the militants. We need not to be reminded therefore that Henry Okah’s release should not be delayed further as it is very sensitive to the achievements associated with the amnesty.
Government must go beyond mere amnesty proclamation to implement sustainable programme to promote the gains of amnesty, peace and security and should not allow the budget of over N50bn said to have been approved for the exercise to end up in private pockets in the name of family affair.
A researcher with the international rights group, Audrey Gaughan, who spoke on the issue of rights abuse in Abuja recently argued that the amnesty package offered by the government would shield all those who abused human rights during the crisis to escape prosecution. He listed these people to include members of the Joint Task Force (JTF) sent by the Federal Government to maintain peace in the region and the militants.
While the government is talking about amnesty on one side, the Joint Task Force (JTF) on the other is still wrecking havocs on communities around oil facilities as a way of permanently relocating the people from their ancestral homes and possibly turns the area into oil mining area.
For instance, the JTF on July 2, 2009 was reported to have continued with its attack on the Abiteye community in Delta State. MEND says it will revenge the burning down of the community even when the inhabitants had fled, and usually it is the oil companies that will bear the brunt and the nation’s economy.
The JTF also has been accused of arresting and possibly killing the traditional ruler of Egbema Kingdom, Chief Isaac Thikan, the Agadagba of Egbema. MEND claimed the Monarch was arrested on June 24, 2009 and taken to JTF Headquarters in Effurun, Warri, Delta state, where "we are hearing he may have been killed", but the JTF has promptly refuted it.
The Movement for the Emancipation of the Niger Delta (MEND) stated that "for the JTF to deny that HRM Isaac Thikan, the traditional ruler they abducted is not in their custody should be a worrisome development and may be a confirmation that he has been actually killed. Consequently, it has attacked "Shell Well Head 20, located at Cawthorn Channel 1 leaving total destruction in it’s wake. The facility connects to the Bonny loading terminal in Rivers state."
Stakeholders in the region have consistently frowned at the hostilities between the military and armed youths of the Niger Delta and appealed to the military and the youths to sheathe their swords. The elders are very much worried over thousands of people displaced from their homes in the Gbaramatu onslaught by the JTF strike; that there is no definite arrangement on ground for them to return to their homes, a host of them are living like animals in the forest without food to eat.
At a meeting in Warri, Delta state to deliberate on the amnesty offer, the elders resolved to undertake and set up of a contact group to liaise with all the militant groups with a view to building trust and ensuring the success of the peace process. They however demand the immediate release of all detained militants, especially Henry Okah to show some element of honesty and sincerity on the side of the federal government.
They also demand for the rehabilitation of all the victims of the recent conflict in the region; and the immediate implementation of the Niger-Delta Technical Committee report, headed by Mr. Ledum Mitee, which was submitted to the Federal Government about six months ago and the withdrawal of the Joint Task Force (JTF) on the Niger-Delta from the region.
The meeting hosted by a prominent South-South leader, Chief Edwin Clark, was attended by delegates from the Niger-Delta region, including the first civilian governor of Edo state and national chairman of the South-South Peoples Assembly (SSPA), Chief John Odigie-Oyegun, chairman of the Niger-Delta Technical Committee (NDTC), Mr. Ledum Mitee, former provost marshal of the Nigeria Army and chairman of the SSPA, Edo State, Brigadier General Idada Ikponmwen (retd.), chairman of the SSPA, Delta State, Dr. Brown Adasen, Prince Okareme Maikpobi and former commissioner in Delta state, Dr. Richard Tonsanwunmi. Also at the meeting were Hon Emma Akpasong, Chief I.O Jerry from Bayelsa state, F.J. Williams from Ondo state, Ambassador Orike from Rivers state amongst others.
From the political terrain, the All Nigeria Peoples Party (ANPP), a major opposite party has declared that the 60 days period granted militants in the Niger Delta region to return their arms is too inadequate to genuinely arrest the situation and the recovery of the dangerous and sophisticated weapons used by the militants.
The party also dared the Federal Government to make public the list of sponsors of the militants it claimed it found during the invasion of Gbaramatu kingdom, saying that “it is convinced that owing to the fact that the list of the militants sponsors contain the names of some notable chieftains of the ruling Peoples Democratic Party (PDP) and government officials, the President Yar’Adua’s administration has lost the courage and political will to make the list public stressing that; “If the government is actually transparent, as it claims, the list would have been made public before now.”
The National Chairman of the Peoples Democratic Party (PDP), Prince Vincent Ogbulafor had urged militant groups to announce a ceasefire to lay down their arms and reciprocate the gesture of the Federal government. According to the chairman, the move would help create an enabling environment for government to address the development needs of the Niger Delta region, just as he called on citizens of the region to be vigilant and “to henceforth ensure that their legitimate aspirations for an enhanced standard of living were no longer hijacked by criminals for their own selfish interests”.
Meanwhile it is being speculated that the issues surrounding the amnesty offer is being projected towards 2011 elections as politicians are already gearing up to hijack the whole exercise.
Already, it is widely believe that these so-called militants are the creation of the political class, especially the ruling party, of which states creates its own class of criminals by first granting them the status of party stalwarts. A reported Ateke Tom’s confession gives credence to this allusion. The PDP now headed by President Yar’Adua, surprisingly, is the guiltiest of the political parties in Nigeria.
That also explains why the list of sponsors of the militants said to have been discovered by the JTF at Tompolo’s residence during the invasion of Gbaramatu may never see the light of day despite Yar’Adua’s initial promise.
Although, stolen mandates pervade the political atmosphere with no sense of responsibility and qualitative leadership. Nigeria needs to be awake from its slumber. Mr. President, too, must demonstrate the true sincerity of the federal government genuine interest in the amnesty offer to the militants because one thing seemed sure that our economy is near grounded by the excesses of the militants which undeniably has overriding adverse effects on the economy, even with all the presence of the Joint Task Force (JTF).
As a way forward, MEND’s position that it prefers “armistice” to the “amnesty” offered militants in the oil-rich region by the Federal Government need to be incorporated into the whole exercise. Armistice is said to be a state of truce in a war, to allow parties discuss terms for truce. In a statement, MEND said because the group's members were freedom fighters and not criminals, they do not need amnesty but an enabling environment that allows a cessation of hostility by all parties to intensely dialogue on the Niger Delta debacle. Whether armistice or amnesty, Nigeria must move away from this near stalemate.
The federal government should therefore take advantage of the nomination of Chief Rochas Okorocha by MEND as a mediator between the Niger Delta militants and the Federal Government, who has inturn accepted the offer to sacrifice to this end.
According to his aide, “Rochas was instrumental in resolving a bloody crisis between the Igbos and the Hausas in Kano and as the national president of the Nigerian Red Cross which is involved in crisis management and resolution not only in Nigeria, but also in other countries of the world”.
Honourable Emma Eneukwu Eneukwu; the National Publicity Secretary of the ANPP, said that “Nigeria has all it takes to be like any of the developed nations of USA, Britain, France, Germany and Italy amongst others. But we cannot for now because we have not been able to shy away from our insincere and undemocratic way of leadership.”
Quite seriously, the Joint Task Force (JTF) needs to be thoroughly enlightened not to make nonsense of the whole exercise with its continued strike of some oil communities, whereas the actual militants are in the creeks of the Niger Delta.
The JTF should be immediately called to order not to continue to provoke these militant amphibians into incessant, sporadic, uncontrolled and unabated economic sabotage. Clearly, with all the reported news of economic sabotage and oil facility damage by the militants here or there, the JTF alone cannot do the magic of ensuring security and the policing of oil facilities in the region.
It is time we tread the path of wisdom and honour so as not to continue to subject the country in bad light and unwarranted ridicule before the comity of nations in the name of fighting for one Nigeria, else, this entity called Nigeria stands a risk and seem to be heading for anarchy in the form of self-annihilation with no safe haven for the mighty and the low, nor the rich and the poor of this generation and even the generations unborn. May God help us!
Edoreh F. Edoreh
0 8 0 5 4 1 6 1 7 6 9
