Features
Negligence: Res Ipsa Loquitur III
Ground Four
The learned Justices of the Court of Appeal erred in law when they abandoned the appellants amended/ additional grounds of appeal and instead relied on the original grounds in determining the appeal and this occasioned a miscarriage of justice.
Ground Five
The learned Justices of the Court of Appeal erred in law when they failed to differentiate between the 2nd appellant and the Plateau State Medical Board and wrongly held that it was the 2nd appellant who referred the respondent to Jos University Teaching Hospital and this occasioned a miscarriage of justice.”
This appeal came up to be heard on the 9th October, 2012. E. J. Pwajok, Hon. Attorney General of Plateau state, with him F. B. Lotben (Mrs.) and N. A. Garba (Mrs.), adopted and relied on the appellants’ brief of argument dated l S’” October, 2004 and urged this court to allow the appeal, set aside the judgment of the lower court and also of the trial High Court and dismiss the case of the respondent Chike Onyemenam with him Phillips Odungu appearing as counsel for the respondent, adopted and relied on the respondent’s brief of the argument dated the 181h October, 2010. Counsel went on to say that the burden of proof is not on the plaintiff when the principle of “res ipsa loquitur” is concerned and the respondent nevertheless went on to lead evidence when there was no basis for that. He urged this court to dismiss the appeal. Appellants have distilled two issues in their brief of argument.
These are:-
i Whether the learned Justices of the Court of Appeal were right in coming to the conclusion that “res ipsa loquitur” applied in this case when it was established that the learned trial Judge did not comply with section 57 of the Evidence Act or in the alternative what is the remedy available to an appellant whose appeal succeeds in part.
ii Whether the Justices of the Court of Appeal were right in rearranging the issues and determining the appeal based on the appellants’ original rather than the amended/ additional grounds. These issues are contained at pages 2 and 3 of the appellants’ brief of argument.
For the respondent, the following issues were formulated at page 6 of the respondent’s brief of argument.
(i) Whether the finding of the learned justices of the Court of Appeal that the learned trial Judge did not comply with section 57 of the Evidence Act in admitting and relying on exhibits “C” and “E” in hisjudgment rendered the doctrine of “res ipsa loquitur” inapplicable to the respondent’s case, thus rendering same liable to be dismissed.
(ii) Whether the re-arrangement of the Issues for determination formulated by the appellants by the learned Justices of the Court of Appeal based on the appellants’ original grounds of appeal instead of the amended grounds of appeal has occasioned any miscarriage of justice on the appellants necessitating a reversal of the judgment of the Court of Appeal.
I find the issues formulated by the respondent in his brief of argument more apt and straightforward in the determination of this al and I intend and have adopted same in the consideration determination of this appeal. Issue 1 as formulated by the pendent reads as follows, “whether the finding of the learned of the Court of Appeal that the learned trial Judge did not with section 57 of the Evidence Act in admitting and relying exhibits “C” and “E” in his judgment rendered the doctrine of s ipsa loquitur” inapplicable to the respondent’s case, thus rendering same liable to be dismissed.” This issue is by no means confusing.
The learned Justices of the Court of Appeal had agreed with the appellants’ contention that section 57 of the Evidence Act not having been complied with in the sense that whichever medical expert who made exhibits “C” and “E” ought to have been called to give evidence on those exhibits and was not so called, exhibits “C“and “E” were of no evidential value. The appeal was allowed in part on that basis. Does the mere rejection of exhibits “C” and E” as being of no evidential value render the doctrine of “res ipsa loquitur” inapplicable to the respondent’s case so as to have his case dismissed? That appears to be the question that this issue seeks to answer. Put even more simply, now that exhibits “C” and “E” have been discredited and discarded, do the facts and circumstances of the respondent’s case not still disclose a case of “res ipsa loquitur” in law? In Royal Ade Nigeria Ltd. & Anor. v. National Oil and Chemical Marketing Company Pic (2004) 8 NWLR (Pt. 874) 206 at 224, paras. B-D, (2004) 18 NSCQR 334, the Supreme Court stated the principle under which the doctrine of “res ipsa loquitur” becomes operative as follows:
1. Proof of the happening of an unexplained occurrence.
2. The occurrence must be one which would not have happened in the ordinary course of things without negligence on the part of somebody other than the plaintiff.
3. The circumstances must point to the negligence in question being that of the defendant rather than that of any other person.
Simply put the doctrine means the thing speaks for itself. In Barkway v. South Wales Transport Co. Ltd. (1950) 1 ALL ER 392 the purport of the doctrine was to shift the onus on the defendant to disprove negligence. In that case, the appellant’s husband had been killed while travelling on the respondent’s bus which accident was as a result of a burst tyre. The burst tyre was as a result of an impact fracture due to heavy blows on the outside of the tyre leading to the disintegration of the inner parts. Although such a fracture might occur without leaving any visible external mark, it was contended that a competent driver would be able to recognize the difference between a blow heavy enough to endanger the strength of the tyre and a lesser blow. The respondent’s witnesses had argued that they had put in place a system of tyre inspection which was satisfactory but evidence showed that the respondent had not taken all the steps they should have taken to protect passengers because they had not instructed their drivers to report heavy blows to tyres likely to cause impact fractures.
See also Walsh v. Holst & Co. Ltd (1958) 1 WLR 800; Woods v. Duncan (1946) AC 401; Odebunmi & Ors v. Abdullahi (1997) 2 NWLR (Pt. 489) page 526 at 535 – 536; Polycarp Ojogbue v. Nnubia (1972) 1 All NLR (Pt. 2) 226 at 232.
These cases illustrate the working of the principle of res ipsa loquitur. The presumption of negligence that res ipsa loquitur imposes on a defendant is rebuttable. It is thus for the defendant to show that he was not negligent. Learned counsel for the appellants has submitted, relying heavily on the case of Strabag Construction (Nig.) Ltd. v. Ogarekpe (1991) 1 NWLR (Pt. 170) 733 at 748 that where a case is open to possibilities, res ipsa loquitur does not apply. That may be a correct statement of the law, but is the present case open to possibilities? Let us at this stage examine the state of pleadings at the trial High Court.
The present respondent, then plaintiff, averred that sometime in August, 1990, he reported himself to the appellants, then defendant’s, hospital for treatment having taken ill with pneumonia and after the administration of drugs on him he lost his hearing senses, due to the negligence of the appellants. The appellants stated in their joint statement of defence that they would lead evidence to show that they were not negligent and that at the trial they would lead evidence in proof of the fact that the respondent’s deafness was as result of other causes.
The appellants also averred that they would lead evidence to show that the treatment for pneumonia could have side effects. The appellants never led any evidence at all at the trial. What is one to make out of a situation in which as the respondent averred in paragraph 5 of his statement of claim and affidavit evidence he was an able police officer posted to ‘B’ Division Bukuru Police Command of Plateau State only to leave the appellants’ hospital 100% deaf after treatment? In Russel v. L & S W RLY (1908) 24 TLR 548 at 551, Kennedy LJ. properly expounded the term “Res ipsa loquitur” thus.
“The meaning as, I understand, of that phrase … , is this, that there is, in the circumstances of the particular case, some evidence which viewed not as a matter of conjecture, but of reasonable argument, makes it more probable that there was some negligence, upon the facts as shown and disputed, than that occurrence took place without negligence.
The res speaks because the facts stand unexplained, and therefore the natural and reasonable, not conjectural, inference from the facts shows that what has happened is reasonably to be attributed to some act of negligence on the part of somebody, … Res ipsa loquitur does not mean, as I understand it, that merely because at the end of ajourney a horse is found hurt, or somebody is hurt in the streets, the mere fact that he is hurt implied negligence. That is absurd. It means that the circumstances are, so to speak, eloquent of the negligence of somebody who brought about the state of things complained of.”
Belgore JSC lent his voice on the requisites of the maxim “res ipsa loquitur” when in Odebunmi & Ors v. Abdullahi (1997) 2 NWLR (Pt. 489) 526 at 535 he said as follows, “where a thing is shown to be under the management of the defendant or his servants and an accident occurs in the process, and that accident is such as does not occur in the ordinary course of things if those who are thus in the management exercise proper care or diligence, in the absence of any explanation by those in the afore-mentioned management as to how the accident happened, the accident is presumed to occur due to lack of care. Thus negligence is presumed in such cases; for in such cases negligence is inferred to have resulted from the want of care by the persons in the management of their agents or servants. The maxim res ipsa loquitur means “things speak for themselves.” The above cited two cases amply illustrate what took place in the present case now before us on further appeal. What concl usion can one reasonably draw from a case in which a man who is hale and hearty but for a complaint that he has pneumonia and so proceeds to a hospital to have that ailment treated but comes out of the said hospital with a completely different and worse ailment after taking some drugs administered by the hospital’s personnel? The scenario is worse when no attempt is made by the hospital authorities to explain its own side of the story after promising to do so. The respondent had stated in his affidavit evidence that the appellants were negligent. The appellants led no evidence whatsoever of their own to controvert those facts as stated by the respondent. There is a plethora of cases to the effect that uncontroverted facts contained in an affidavit are taken as true and only minimal proof is required of such evidence. See Alagbe v. Abimbola (1978) 2 SC 39 at 40; Cappa and D’ Alberto Ltd. v. Akintilo (2003) 9 NWLR (Pt. 824) 49 at 71. It will therefore be seen that “res ipsa loquitur” can succeed irrespective of the rejection by the Court of Appeal of exhibits “C” and “E”. Mention should also be made of exhibit “8” – minutes of the appellants’ Medical Consultants/Specialist’s Report which established that the patient (respondent) had, “a post-febrile deafness after some injections at Plateau Hospital (2nd appellant)” were administered on him, for the treatment of pneumonia on the 22nd August, 1990. Respondent was recommended for an alternative job with lesser communications while efforts were made at treatment to improve his condition. After appellants had recommended him to Dr. Isichei for further check up, the same appellants wrote to his employers – exhibits “D” that he be retired from service. It can therefore be seen that the duty of care which the appellants had to the respondent was breached and the appellants were negligent in the proper management of the health needs of the respondent. See Oyidiobu v. Okechukwu (1972) 5 SC 191; M.J. Evans v. S.A. Bakare (1973) 3 SC 77. Thus even on the basis of the pleadings, the evidence led by the respondent and lack of same by the appellants having chickened out of an opportunity to state their own position by abandoning their statement of defence and leading no evidence at all and the sheer force of the other exhibits notably “8” and “D”, exhibits “C” and “E” having been rejected, the appellants were properly found liable in negligence and res ipsa loquitur applied and both the trial High Court and the Court of Appeal properly so held that res ipsa loquitur applied. Issue 1 is therefore resolved in favour of the respondent against the appellants.
It has been 25 years of impactful development of the Niger Delta region, facilitated by theNiger Delta Development Commission. NDDC. Without doubt, it has been a remarkable journey, marked by significant milestones and daunting challenges.
For the past week, the NDDC has been celebrating its achievements, beginning with a thanksgiving service in Akure, Ondo State, on July 6, drawing stakeholders and Niger Deltans to express gratitude to God for the Commission’s journey so far.
Taking off on the wings of the Oil Minerals Development Commission, OMPADEC, in 2000, the NDDC has grown into a symbol of federal presence in the oil-rich Niger Delta region.
The celebration moved from spiritual reflection and thanksgiving to strategic communication, with a World Press Conference held in Asaba, Delta State, on Monday, the 7th of July. There, members of the Fourth Estate across all media gathered in what was perhaps the most extensive media engagement of its kind. The NDDC Managing Director and Chief Executive Officer, Dr. Samuel Ogbuku, reaffirmed the Commission’s commitment to its motto of “making a difference.”
Dr. Ogbuku stated, “The President gave us a matching order during our inauguration to positively turn things around in the Niger Delta region.” That presidential directive, he noted, continues to guide the Board and Management as they pursue legacy projects across the region.
From electricity restoration in Ondo to road linkages in Bayelsa and Akwa Ibom, the NDDC’s impact was showcased in clear, tangible terms. “We commissioned the 45-km double-circuit 33KV feeder line from Omotosho Power Station to Okitipupa in Ondo State,” Dr. Ogbuku recalled, “bringing electricity back to 25 local governments after 15 years in darkness.” This was just one of several landmark interventions highlighted during the press briefing, underscoring the Commission’s renewed vigour under the current leadership.
The Managing Director spoke candidly about the setbacks caused by years of instability in leadership. “Frequent changes in management and boards have slowed our progress,” he admitted. “But today, we are targeting legacy projects. Our mandate is to complete those critical projects.” He emphasised that the Commission had transitioned from a transactional mindset to one of transformation, including the digitisation of procurement processes to ensure transparency and accountability.
Other top executives echoed similar sentiments. The Chairman of the Governing Board, Mr. Chiedu Ebie, stressed the importance of collaboration, particularly with the media, whom he described as “critical stakeholders” in advancing development. Alabo Boma Iyaye, the Executive Director of Finance and Administration, noted that the celebrations would run until Saturday, July 12, culminating in a gala night and plenary session in Port Harcourt.
Perhaps, the most significant message from the silver jubilee celebration is the renewed hope that the Niger Delta can finally experience holistic and sustainable development.
According to Ogbuku, “Through the initiative of the Board and Management, we have restructured the administrative architecture of the Commission to its 13 statutory Directorates, introduced robust Corporate Governance protocols… This formalised a value- driven institutional culture anchored on ethics and performance.”
As the weeklong celebrations continue across different states in the region, the NDDC appears determined not just to celebrate its past but to chart a bold course for the future.
The people of the Niger Delta are watching, hopeful that the next 25 years will be defined not by promises, but by lasting progress that transforms lives and communities, truly making a difference.
The celebration also featured a movie premiere titled “Making a Difference”, which traced the Commission’s journey and told stories of transformation in communities once plagued by underdevelopment. For many observers, the film served as both an emotional tribute and a powerful reminder of the NDDC’s role in shaping the destiny of the region.
The Governing Board and management of the NDDC have again proven to Nigerians, particularly the people of the oil-bearing Niger Delta region, that history does matter. They have also shown clearly that extraordinary personalities can upturn calculations and permutations. The above assertion was evidenced by the torrents of praises, accolades, and commendations poured on the Commission and its management and board by critical stakeholders during its week-long 25th anniversary celebration.
Beginning with Ondo State, one of the NDDC mandate states, Ondo Governor, Lucky Aiyedatiwa, hailed the management of the NDDC for the peace and development currently prevailing in the Niger Delta region. He said the Commission, under the current management and board, has succeeded in bridging developmental gaps in the region, noting that NDDC’s emphasis on partnerships and collaboration aimed at driving sustainable development across the Niger Delta has ushered in unprecedented progress.
Aiyedatiwa, who spoke at the Thanksgiving Service of the NDDC held at St Thomas’s Anglican Church, Akure, the Ondo State capital, stressed that the commission has undoubtedly lived up to its established mandate, commending the Board and Management for their exemplary leadership and commitment.
The Governor hailed the commission’s commitment and dedication to project conception, implementation, and completion, noting that the NDDC has established a culture of delivery and the region would no longer witness abandonment of projects as was the case in the past.
He said, “As we celebrate the Silver Jubilee of the NDDC, we must acknowledge the progress we have made and also recognise that there is still much work to be done as the Niger Delta region continues to face significant development challenges and we must work together to address these issues. “I urge the NDDC to continue to improve on its activities, ensuring that projects are tailored to the needs of the communities we serve. Let us work together to unlock the potential of our region, promote economic growth and enhance the lives of our people. We are partners in progress, unity and development.”
From Ondo State to Asaba, the Delta State capital, it was the same rain of praises. The Asaba monarch, the Asagba of Asaba, Obi Epiphany Azinge, on his part, was full of praises for the NDDC for its achievements in the past 25 years.
Obi Azinge spoke when Ebie led a delegation of the Commission’s Board and Management to pay a courtesy visit to him in his palace in Asaba, the Delta State capital. The Royal Father commended the NDDC for its intervention in several sectors across the Niger Delta region.
He expressed delight with the foreign postgraduate scholarship programme, which had helped many youths from the Niger Delta upgrade their knowledge.
He also acknowledged the contributions of the NDDC Chairman, whom he said had served the Delta State Government in different capacities. He noted that Ebie served meritoriously as Delta State Commissioner for Basic and Secondary Education and later, Secretary to the State Government. The monarch thanked the NDDC for selecting Asaba as the venue for some of the activities marking its 25th anniversary, such as a press conference and the movie premiere.
Earlier, the NDDC Board Chairman congratulated Asagba on his ascension to the throne of his forefathers, saying he was eminently qualified for the position. Ebie expressed optimism that the Asagba’s reign would bring good tidings to Asaba, which serves as both a Kingdom and the capital of Delta State.
He stated that the NDDC had come of age and was now a big brother to the new development agencies in Nigeria’s geo-political zones. Ebie disclosed that as part of the silver jubilee celebration, the Commission was going around the nine States of the Niger Delta.
The NDDC Chief Executive Officer pledged that the NDDC’s commitment to adhering strictly to the President’s directive to the Commission to complete all ongoing projects in the region, including roads, bridges, schools, and healthcare facilities. He disclosed that the Commission was engaging all stakeholders to ensure harmony and cooperation in the task of developing the hitherto neglected Niger Delta region.
He noted that, ”It is not only by our efforts; it is the collaborative efforts from all the stakeholders who believe the time has come when there should be stability in the NDDC and that stability is a challenge to us to ensure that we deliver development to the people of the Niger Delta region.”
Ifeatu Agbu
Agbu wrote in from Port Harcourt.
The mandate of the Niger Delta Development Commission, NDDC, is to facilitate the rapid and sustainable development of the Niger Delta region, while that of the Economic and Financial Crimes Commission, EFCC, is to investigates financial crimes and put corrupt practices in check.
Given their different roles, the idea of an alliance between the two organisations may seem far-fetched. However, with the NDDC Managing Director, Dr Samuel Ogbuku, and the EFCC Executive Chairman, Mr. Olanikpekun Olukoyede, it is not just an idea; it is a reality.
The unique collaboration between the NDDC and the EFCC has given rise to the Renewed Hope Multi-Purpose Training Centre, unveiled on Tuesday at Otuokpoti Community in Ogbia Local Government Area, Bayelsa State.
According to the NDDC Managing Director, the vast training complex was executed with funds recovered on behalf of the Commission by the EFCC.
Ogbuku explained that the Bayelsa training centre was funded through the money recovered by the EFCC and executed under a signed performance bond, ensuring transparency and impact. He noted that the facility represented one of several such centres being constructed in Delta and Rivers States. He said: “We have similar facilities currently under construction in Odi, Bayelsa State, while the ones in Delta State are being built in Patani and Ozorro and another two in Rivers State.”
He observed that the Multi-Purpose Training Centre, which was completed in record time, was a partnership between the EFCC and the NDDC, as the anti-crime agency had recovered the funds that facilitated the project’s execution.
Ogbuku observed that the facility, which could accommodate 1,000 persons, represented a significant step toward empowering local communities through skills development and inclusive growth.
The training centre’s components, which include a school, hospital, cafeteria, police post, and recreational centre, are all designed to support training, healthcare, and emergency accommodation within a single integrated complex.
Speaking at the inauguration ceremony, the EFCC Chairman assured the NDDC of the release of more recovered funds in the coming weeks.
Olukoyede described the NDDC as a “renewed and transformed government agency.” He assured that the EFCC would do everything to recover all outstanding statutory contributions due to the NDDC from oil companies.
He noted: “We have made several recoveries on behalf of the NDDC, and we will not relent in this direction. We are encouraged by the fact that the NDDC is making the Renewed Hope Agenda of the Federal Government a reality in the Niger Delta region.”
Olukoyede commended the NDDC for its institutional and policy reforms, declaring that the people of the Niger Delta will have every reason to celebrate the current leadership of the Commission. He described the NDDC as a beacon of good governance under President Bola Ahmed Tinubu.
He noted: “The Niger Delta is the goose that lays the golden egg and should not be denied the benefits of that golden egg. On our part at the EFCC, we must do everything within our power to ensure that the three per cent statutory contribution due to the NDDC is recovered and handed over to the Commission. We are going to continue supporting you.”
He said further: “Under this President, NDDC is working; good governance is being delivered. It is my delight to be part of this transformational agenda. The Renewed Hope Agenda is no longer a slogan—it is a reality. For the first time, people are identifying with what NDDC is doing.”
Olukoyede commended the NDDC, saying the Commission has refined its processes to uphold the principles of probity. This aligns with the agency’s head’s emphasis on upholding transparency and accountability in the country’s affairs.
The Chairman of the anti-crime agency confessed that his perspective on the NDDC was turned around in 2024, when the NDDC management, led by Ogbuku, paid him a courtesy visit at the EFCC’s headquarters in Abuja.
Olukoyede stated that he was impressed by the Commission’s “Rewind to Rebirth” initiative.
He declared: “The five minutes of interaction with the MD left me with a different perception of NDDC. Maybe, we will begin to see an NDDC that is a symbol of pride, accountability, transparency and able to deliver on its mandate.
“From his presentation, you can see that he is ready to bring a change, and that is the exact thing that we stand for in EFCC.”
Assuring that the EFCC would continue to assist the NDDC to achieve its mandate, he said: “We have been working with you to make recoveries; we will continue to do more.
“The collaboration is something we need to take to the next level, and with what you have put on the table I think we are ready to work with you to strengthen your systems and processes and to take the NDDC to the next level.”
In his remarks, the Minister of Niger Delta Development, Engr. Abubakar Momoh, praised the NDDC Board and Management for their unity of purpose and commitment to service delivery, stating that the level of harmony and stability within the Commission is unprecedented.
He declared: “What we are witnessing here today has never happened in the history of the NDDC. Since I assumed office as Minister, I have not been called upon to settle any crisis within the Commission. This is a testament to the teamwork between the Board and Management.”
Also speaking, the Chairman of the NDDC Governing Board, Mr. Chiedu Ebie, emphasised the human capital development focus of the two projects commissioned, noting that reforming the NDDC is an ongoing but rewarding process.
He stated: “We are moving from transaction to transformation. We are doing our best to improve not just the reputation of the NDDC, but everything that concerns the Commission. Today is about promoting and celebrating human capacity.”
Without a doubt, the Niger Delta region is confronted with ecological and environmental challenges that should, perforce, attract significant funds from the Federal Government and the oil companies operating in the region.
Sadly, this has not been so, thus limiting the capacity of the NDDC to fulfill its mandate of driving the development process and transforming the Niger Delta region into one that is “economically prosperous, socially stable, ecologically regenerative and politically peaceful.”
It is rather unfortunate that, despite the spirited efforts by successive boards and managements of the NDDC to meet the expectations of the people, their efforts have not been matched with commensurate funding.
The issue of inadequate funding is resurfacing again. Indeed, it is an inconvenient truth that will remain on the front burner until it is fully addressed.
That explains why the NDDC Managing Director highlighted the issue during interactive sessions that the Commission’s Board and Management held with the relevant Committees of the National Assembly in Abuja last year.
Ogbuku told the House of Representatives Committee on NDDC, chaired by Hon. Ibori-Suenu Erhiatake, that the Commission is owed over N2 trillion, arising from withheld funds and underpayments by both the government and the oil companies. He blamed this on non-compliance with the Act establishing the Commission.
Given the enormous impact of their activities on the environment, the oil companies are expected to be at the forefront in the critical task of urgently developing the oil basin that has suffered so much neglect in the past. It is, in fact, in their interest to develop the communities where they operate to guarantee peace, which is very necessary for them to continue with their work.
Thankfully, both the Senate and the House of Representatives promised to assist the NDDC in recovering its outstanding funds. In their various interactions with the NDDC leadership, the lawmakers expressed concern about the disregard for existing laws governing the Commission’s funding.
The Chairman of the Senate Committee on NDDC, Senator Asuquo Ekpenyong, expressed displeasure over the disregard for the law by the International Oil Companies (IOCs) and promised to call them to order.
The Senate Committee Chairman stated that proper funding would help NDDC to adequately address the sustainable development of the Niger Delta region, noting that the challenge of developing the region was enormous and that all relevant contributors to the NDDC must play their roles diligently.
Senator Ekpenyong said that in discharging its oversight functions, his committee will ensure that every contributor to NDDC pays what they owe the Commission, “because we cannot afford to toy with the development of that very important region. We owe it to the country to make sure that we improve the living conditions of the people of the region.”
It is reassuring to note that both chambers of the National Assembly are concerned about the pressing funding challenges facing the NDDC and are taking steps to address the situation.
The lawmakers understand that we have a responsibility to adequately fuel the vehicle chosen to drive the development process in the Niger Delta region.
In 2023, the House of Representatives unveiled plans to investigate the activities of International Oil Companies (IOCs) operating in the Niger Delta region, as well as the recovery of over $4 billion allegedly owed to the NDDC.
The resolution was passed sequel to the adoption of a motion sponsored by Hon. Donald Kimikanboh Ojogo, who frowned at the flagrant breach of the NDDC Act, 2000, which was established in response to heightened agitations and violent yearnings for special intervention in the oil-producing states.
He said: “The House is aware that the indebtedness of the IOCs to the NDDC had culminated in the drive by the Economic and Financial Crimes Commission (EFCC) to commence the debt recovery process.
By Ifeatu Agbu
As the Niger Delta Development Commission, NDDC, celebrates 25 years of its establishment, one innovative project stands out like a neon sign in the night. The groundbreaking Light Up the Niger Delta project, undertaken by the Commission, has opened several new frontiers for growth and development.
The solar-powered streetlights have transformed the way people live and work in communities across the Niger Delta region. The impact of this initiative can be felt in economic and social activities in the region.
This transformation signposts significant progress in people’s lives in the hitherto neglected region, radiating far beyond the streets.
The light up Niger Delta project is part of the NDDC’s measures to combat criminality, stimulate socio-economic activities, and promote peace in the region.
The campaign is particularly important, given the security concerns in Nigeria’s oil-rich region.?The positive impact of the “Light Up the Niger Delta” campaign is evident, as it has reduced criminal activity in various communities and enhanced commercial activities in the affected areas.?According to the NDDC Managing Director, Dr Samuel Ogbuku, “We decided to adopt the clean energy approach, which not only provides light but helps in the fight to mitigate the effects of climate change on our environment. I can assure you that the incidence of crime has reduced in most of these communities.”?As climate change continues to impact communities worldwide, the need for innovative solutions to address the global challenge has become increasingly imperative. In the search for solutions, solar power is gaining traction as a potential silver bullet to mitigate greenhouse gas emissions and save the environment.
Today, many organisations are investing in solar projects and reducing reliance on traditional energy sources. Solar power has inherent advantages, making it an attractive option for government and private sector organisations eager to reduce their carbon footprints.
In the past, issues around climate change used to sound distant and academic. Not anymore. It has become increasingly apparent to the human race that climate change is one of the most pressing challenges of our lifetime. The task, therefore, is to take measures to help curb the rising global temperature.
Experts say mitigating climate change entails “reducing the flow of heat-trapping greenhouse gases into the atmosphere. This involves cutting greenhouse gases from the main sources such as power plants, factories, cars, and farms. Forests, oceans, and soil also absorb and store these gases and are an important part of the solution.”
Nigeria is not immune to this global phenomenon, which is evident in rising temperatures, intense rainfall producing large runoffs and flooding, rising sea levels, drought and desertification, land degradation, and more frequent extreme weather events.
Many organisations, including the NDDC, are already contributing in different ways to tackle the global problem. According to the NDDC Managing Director, Dr Samuel Ogbuku: “Our target is to ensure that every community in the Niger Delta region is powered by solar, which is a renewable and cheap form of energy. Additionally, we will establish industrial clusters powered by solar energy, which will enhance the agricultural value chain.
Ogbuku noted that Solar power had the dual benefit of providing needed projects for the people and building NDDC’s carbon credits, stating that the Commission expects to recover the carbon credits trapped in some of these projects.
Investing in solar energy is on point because it aligns with the United Nations Sustainable Development Goals (SDGs) objectives. Aligning these initiatives with the SDGs is crucial as they provide a comprehensive framework for sustainable development, including climate action.
Several Sustainable Development Goals (SDGs), such as SDG 7 (Affordable and Clean Energy) and SDG 13 (Climate Action), directly relate to climate change and renewable energy. By investing in solar energy and carbon credits, the NDDC will contribute to achieving these goals.
There is ample evidence that solar energy, as a renewable and sustainable power source, can significantly reduce greenhouse gas emissions and dependence on fossil fuels. Hence, NDDC’s investments in solar energy projects will contribute to mitigating climate change and promote clean and affordable energy.
The Commission’s contributions can take various forms. They could be small-scale installations in local communities or large-scale solar farms. These projects will provide electricity to communities, reduce carbon emissions, and create job opportunities for our teaming youths.
Several communities are already reaping the benefits of NDDC’s bold initiative.
In Bayelsa, solar-powered streetlights have become a source of relief and safety for residents of Yenagoa, the state capital. This new development has also provided respite to communities in the eight local government areas.
Unlike in the past, solar street lights were abandoned and became a relic of past administrations. That is not the case for the NDDC solar streetlights.
In recent years, the popular Etegwe/Tombia roundabout, Mbiama/Yenagoa road, Sanni Abacha express road, Azikoro/Ekeki area, and others have been illuminated for visitors to the state capital.
A resident, Emeka Ojuogu, commended the NDDC for the solar-powered light, stating, “Before now, some politicians described the state as a ‘forest’ capital because it is always dark due to poor epileptic power supply. But now, there seems to be no street without powered street lights.”
The people of Ayama in the Gbarain Kingdom of Bayelsa State have expressed gratitude to the NDDC management for considering their community in the award and completion of solar-powered streetlight projects.
They expressed delight that their community had been lit-up with solar-powered streetlights by the NDDC, thereby making it to be among several other communities in the region that had benefited from the commission’s ‘Operation Light Up Niger Delta Project.’
Speaking separately when the people rolled out the drums to celebrate the successful completion of the solar street light project, the paramount ruler of Ayama-Gbarain, Kawari Apina-Owei, his deputy, Jeremiah Selesai, and the Community Development Committee chairman, Geseye Apina-Owei, praised the Managing Director of NDDC, Samuel Ogbuku, and the management of the interventionist agency for the amenity.
Apina-Owei said, “Some relief came our way when the NDDC awarded the solar-powered street light to this community. This is the first time we have felt the impact of the leadership and management of the NDDC since its inception.
“We thank the NDDC Managing Director, Dr Samuel Ogbuku, and the Commission’s management for remembering our community, Ayama, in this solar-powered light project. Before now, we have been in total darkness, and so snakes and other dangerous reptiles were roaming at night.”
“Before the execution of this solar light project, we could not move freely at night because everywhere used to be dark once it was night. But now, we can move at any time of the night to our neighbouring Ogboloma and Okotiama communities.”
The community described Ogbuku as God-sent, who had brought happiness to their hearts as they could see clearly and move freely at night.
The residents testified: “Driving through Kaima, Odi and Opokuma was very refreshing. The lighting across the communities was spectacular and distinctive.
The street lights provided sufficient illumination to bolster our confidence as we drove at night. Students now use the street lights to read at night.”
Providing street lighting may not be all that is needed to develop the Niger Delta; however, it is an essential step in the right direction which must be applauded.
In Rivers State, many communities have witnessed a remarkable transformation. Neighbourhoods that used to be deserted after sundown now come alive at night, thanks to the NDDC solar-powered lights.
Francis Okoroafor, a shop owner in the Trans Amadi Industrial Area, recounts the new development: “Now I can walk home after work rather than hop into a cab. I am no longer scared of the dark route that Ordinance Road used to be. I have extended shop hours, exceeding my profit margin by more than 40 per cent.”
Michael Igoniwari, who owns a supermarket on Iwowari Street, echoes this sentiment, noting that the extended hours of illumination have redefined business dynamics. “Thanks to the solar street lights, people are out at night these days, and the streets are busier,” he affirms. The solar-powered radiance has not only dispelled the shadows but has also catalyzed economic growth, empowering local businesses and enhancing the overall quality of life.
The NDDC’s solar street lighting program responds to communities’ prevailing challenges with limited access to the main electrical grid. Existing government-installed streetlights are often dysfunctional due to system failures, power shortages, and the exorbitant cost of diesel for generators. Launched recently, the program aims to deploy tens of thousands of solar-powered street lights, transcending the boundaries of Port Harcourt to illuminate cities, towns, and villages across the Niger Delta.
The impact of the initiative extends beyond mere illumination; it addresses a fundamental issue plaguing more than 70 million people in the Niger Delta; the lack of dependable power supply. Solar-powered streetlights, with their low operational costs and straightforward installation, have emerged as a beacon of hope for communities grappling with power outages and unreliable electricity from the national grid.
The president of the Ijaw Youth Council, Jonathan Lokpobiri, emphasises the popularity of solar streetlights in areas that previously lacked any form of street lighting. He notes, “People are now going out after dark because they feel safer.” The lights enhance security and contribute to community and social cohesion.
Tammy Dagogo, who runs a barbing salon off Peter Odili Road, attests, “Now, even during outages, the solar lights keep the area lit.” This reliability fosters a newfound sense of security, enabling mothers like Belema Dappa to permit their children to play outside, even after dusk.
The Omerelu community in Ikwerre Local Government Area was jubilant following the inauguration of Solar-powered streetlights installed across the community’s villages by the NDDC.
In line with its project titled “Operation Light Up Niger Delta”, NDDC provided solar power to mitigate the once darkness-ridden Omopi-Omerelu community.
In appreciation, the Chairman of the Omerelu Council of Chiefs, Chief L. O. Didia, thanked the NDDC for bringing the project to the community.
The Rumuigbo community in the Obio/Akpor local government area of Rivers State was not left out in the jubilation.
The Rumuigbo Council of Chiefs and Elders chairman, Chief Kinikanwo Owhonda, expressed gratitude to the commission for always being there for the region’s people.
In Akwa Ibom State, the Niger Delta Youths Movement, NDYM, hailed the NDDC for initiating life-changing projects, such as the Light up Niger Delta initiative, which would provide jobs and boost the economic development of the region.
NDYM National President Prince Boboye Peretu hailed the Dr Samuel Ogbuku-led management of NDDC for the initiative.
Reports from different states have it that this ‘Light up the Niger Delta’ programme has stimulated economic growth, empowered local businesses, and serves as a beacon of hope in the nation’s quest for sustainable development.
Ifeatu Agbu
Agbu wrote in from Port Harcourt.
