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Resource Control, Derivation Split Confab …As Conference Okays Land Use Act
The twin contentious issues of resource control and derivation principle caused a rowdy session at the plenary of the National Conference yesterday, as delegates were sharply divided on them and only came short of engaging each other in fisticuffs.
The plenary session, therefore, ended without a final decision on critical issues of revenue sharing formula from the Federation Account and derivation principle, although a consensus group had earlier recommended 18 per cent derivation for the South-South, 5 per cent for exploration of minerals across the country and another 5 per cent for reconstruction of North-East Zone ravaged by Boko Haram insurgency.
Although the consensus committee’s recommendation was presented on Wednesday by Prof. Ibrahim Gambari, members of the Consensus Committee derived from the six geo-political zones to find a middle ground to the contentious issue of derivation formula did not, however, reach an agreement on the issues before Gambari’s presentation.
At yesterday’s plenary, the leader of the Northern group on the committee and former Inspector General of Police, Alhaji Ibrahim Coomasie, fired the first salvo when he announced that the committee was yet to reach an agreement on the contentious issues.
A resolution of the committee earlier submitted by Chief Raymond Dokpesi and later read to the delegates by Chief Olu Falae, who represented the South-West on the committee, was greeted with disapproval by some delegates.
Falae said the committee did agree that the principle of derivation shall be constantly reflected in any approved formula as being not less than 18 per cent of the revenue accruing to the Federation Account directly from any natural resources.
He said it was also agreed that not less than 50 per cent of the total derivation fund accruable to a mineral bearing state shall be due and payable to the host communities within the state where the resources are derived in accordance with the production quota contributed by such communities.
Amidst the shout by a number of the delegates, Falae announced that an aspect of the decision was that there shall be established a Solid Mineral Development Fund which is currently 3 per cent but which would be increased to 5 per cent of the revenue accruing to the Federation Account.
He said a National Intervention Fund which would be 5 per cent of annual revenue accruing to the account of the Federal Government for the stabilization, rehabilitation and reconstruction of areas affected by terrorism and insurgency, starting with the North-East, and then any other part of the country affected by the insurgency.
Faced with obvious rowdiness from a cross-section of the delegates who variously disagreed with the presentations by both Coomasie and Falae; and applause from another section that seemed to also variously agree with the two presentations, Conference Chairman, Justice Idris Kutugi decided to adjourn sitting till Monday.
After a brief consultation with the principal officers, he announced that the leadership of the conference would meet with selected delegates referred to as the ‘50 Wise Men’ in a bid to resolve the contentious issues.
Justice Kutigi said in addition, all the chairmen, co-chairmen and deputy chairmen of the 20 committees that handled different assignments for the conference should also attend the meeting.
However, before the adjournment, conference had considered and adopted certain aspects of the report on Devolution of Power, including the recommendation that granting public holidays should be moved from the Exclusive to the Concurrent Legislative List.
In adopting the recommendation through a unanimous decision, conference said this would give states the latitude to declare holidays reflective of the values of their own people.
Conference also accepted the recommendation that management of prison services be retained in the Exclusive Legislative List as specified in the 1999 Constitution. The same was done to fishing and fisheries other than those in rivers, lakes, waterways, ponds and other inland waters within Nigeria.
Also retained in the Exclusive Legislative List are insurance, stamp duties and formation, annulment and dissolution of marriages other than marriages under Islamic Law and Customary Law, including matrimonial causes.
Moved from Concurrent to the Exclusive Legislative List is the first item on the Concurrent Legislative List which deals with allocation of revenue and division of public revenue between states and the federation, between states and states and between states and local governments.
The merger of Items 6, 15, and 24 which all relate to banks, banking, exchange control, bills of exchange, currency, coinage, legal tender and promissory notes, was also approved and adopted for placement in the Exclusive Legislative List.
Other issues left in the Exclusive Legislative List are taxation of income, profits and capital gains; trade and commerce while other aspects of Trade and Commerce particularly, registration of business was moved to the Concurrent List.
The committee also recommended that regulations of political parties be retained in the Exclusive Legislative List as specified in the 1999 Constitution as amended. Pensions, gratuities and other-like benefits payable out of the Consolidated Revenue Fund or any other public funds of the federation are to be split between the Exclusive and Concurrent Legislative Lists.
In one aspect, retirees previously employed by the Federal Government are entitled to payment of their benefits by the Federal Government while state governments shall have exclusive jurisdiction over the pension matters of their own employees and retirees.
The committee also recommended the retention of Traffic of Federal Trunk roads in the Exclusive Legislative List as specified in the 1999 Constitution.
Meanwhile, the controversy surrounding the retention or otherwise of the Land Use Act which raged at the presentation of the report of the National Conference Committee on Land Tenure Matters and National Boundary has finally been nipped in the bud as the conference has voted for its retention in the Constitution.
While voting for its retention, the conference resolved that however, certain amendments would be carried out in certain sections of the Act.
The conference noted that one of such amendments would enable land owners to determine the price and value of their land while allowing government to negotiate with land owners and not compensate them.
The whole argument for the retention of the Act in the 1999 Constitution was based on the belief that allowing the Act to go would give chance for oligarchs to take over lands which the Land Use Act has democratized with the government as the intervening body.
Supporters of this school of thought had argued that since land is not a renewable commodity, it must not be left at the mercy of land speculators; and that removing it from the Constitution would be discriminatory and unjust to the poor.
It was their position that removing the Act from the Constitution would create dichotomy; describing the suggestion as a grand design for the rich to buy land at cheap prices, a situation they said would lead to crisis that cannot be managed.
However, the others argued that the Land Use Act should remain a law but must be removed from the Constitution to make it easy for amendment.
They argued that at present, amending the Act through the Constitution has become too cumbersome and that in other countries, land tenure is universal while governments nearest to the communities serve land tenure better.
They complained that governments have taken peoples’ land and have refused to pay compensation; and that since the promulgation of the Act, access to land has remained a major problem, thus hindering economic development.
It was also stated that the power of compulsory acquisition vested on state governors has been, in most cases, used arbitrarily without the payment of adequate compensation to land owners.
The committee noted that both sides of the argument were convincing; unfortunately none of them agreed with the other and no side agreed to back down.
Thus, in its decision which was accepted by the conference, it was stated that the Act would be retained in the Constitution while certain amendments would be carried out in certain sections of the Act.
It was also resolved that the customary right of occupancy in Section 21 of the Act be amended to read “Customary Right of Occupancy should have the same status as statutory Right of Occupancy, and should also be extended to urban land”.
It was further agreed that Section 7 of the Act which deals with the restriction on rights of persons under the age of 21 to be granted statutory right of occupancy should be amended to read “restriction of persons under the age of 18”. This, it was argued, is because the Child Rights Act stipulates that a person attains adulthood at the age of 18.
With the decision on the issue of the Land Use Act, the report of the Committee on Land Tenure Matters and National Boundary was formally adopted, as amended.
Meanwhile, the South-West delegates at the National Conference have denounced the report of the Consensus Group, presented by Prof. Ibrahim Gambari on resolving the impasse on derivation principle last Wednesday in Abuja.
The Consensus Group made up of leaders from the six geo-political zones had proposed 18 per cent derivation to the oil-bearing states, five per cent first line charge for the development of mineral resources and another five per cent National Intervention Fund in Boko Haram devastated areas in the North East, as well as other areas affected in North Central and North West.
The Yoruba delegates, arising from a caucus meeting, rejected the report, stating that the report gave a wrong impression of what the intervention fund was set to achieve.
They argued that the fund is aimed to serve the collective interest of the country and not a sectional interest as presented by Pro. Gambari.
According to Secretary, South-West Delegation to the 2014 National Conference, Dr. Kunle Olajide, South-West delegates view Gambari’s projected amount as a depletion of the federation account through nebulous funds to promote insurgency in the country.
They also argued that the position is aimed at legalising the impoverishment of non-oil bearing states in South-West, South-East and South-South, as these states, neither benefit from derivation nor the so-called intervention fund.
Justus Awaji, Abuja
Rivers State House of Assembly Deputy Whip, Hon Irene Inimgba (left) moving a motion to support the Deputy Leader of the House to adjourn the sitting last Monday. Photo: Chris Monynanaga
Rivers State Governor, Sir Siminalayi Fubara, has declared that all the policies and programmes of his administration are tailored towards the protection of interest of Rivers people, especially the youths.
This, he said, is borne out of the importance his administration attaches to youths’ development and empowerment as leaders of tomorrow.
Fubara, according to a statement by his Chief Press Secretary, Nelson Chukwudi, disclosed this when he received the youths of Emohua Local Government Area under the auspices of “Emohua Youths For SIM” on solidarity visit to Government House, Port Harcourt, last Friday.
He said that his administration has put in place modalities that will boost the livelihoods and well-being of Rivers citizens, which youths of Emohua will also benefit when they materialise.
The governor, who spoke through the Rivers State Head of Service, Dr. George Nwaeke, pointed out that the recently awarded Elele-Omudiaga-Egbeda-Ubimini-Ikiri-Omoku Road, the ongoing Emohua-Kalabari Road, reinstatement of illegally sacked workers of Emohua Local Government Area and the approval for electrification of the area, are part of deliberate measures to open up the area to make life conducive and more meaningful for the people.
According to him, “Everything about the governor is putting the interest of Rivers State first. He is looking at and taking action on those things that we need to do to restart the wheels of progress in Rivers State.
“There are many things the governor has planned and is already doing that will boost the life and welfare of every citizen of Rivers State, but most importantly the youths.
“Growing up, I learnt that Egbeda is one of the biggest communities in the whole of Ikwerre, and it’s predominantly an agrarian community. They have food in Egbeda, they have food in Ubimini, they have food in Omudiaga and other natural resources. The whole world is tilting to agriculture, and this is the way to go.
“The Elele-Umudioga-Egbeda-Ubimini-Omoku road, when completed, will open up the area for real development. Your food and everything you produce there will now have value, they will no longer be thrown away. In all these, you the youths are going to be the utmost beneficiaries.”
He added, “Same will be applicable to the Emohua-Kalabari Road which will also, trigger development in the area, and you will be the greatest beneficiaries. When the LGA is also electrified, you will be having 24 or 20 hours of electricity, and those things the youths can do with electricity, you can stay at home and create wealth for yourself and children.
“All the totality of what the governor is doing, when they are completed, or even as some are completed now, the youths are going to be utmost beneficiaries.”
While acknowledging that youths are the true leaders of tomorrow and any government that fails to carry them along in the scheme of things is doomed to fail, the governor assured them of his administration’s commitment to always address issues concerning youths and ensure that they are part of his government.
He commended the youths for toeing the path of truth by identifying with his administration, urging them to sustain the tempo and shun evil, as his government will ensure that the trend whereby politicians turn youths to beggars are over.
He said, “Youths are, indeed, the leaders of tomorrow. The time of youth is a very important time. It a time that your parents or whoever is your leader at that time have to make the greatest investment in you. And any Government that decides to only carry the elderly, chiefs aling and abandon the youths is bound to fail,” he asserted.
“But I am happy that Governor Fubara has concentrated his energy on everything that will benefit the society, especially the youths.
“And based on these, I want to thank you for recognising what is good and calling it good, for shunning what is evil, for saying the Governor is standing for you.
“Let me tell you, you are on the right direction. Let me tell you again, Rivers State is the bride of Nigeria. The whole Nigeria is looking at what will happen here. As they look here and see you standing on the path of truth, this is a very important step that you have taken to right all the wrongs of the past, to make Rivers State stand on the tripod of justice, peace and security. That is what we are going to gain through the governor, taking all the wise actions that he has already initiated.
“The projects the governor is embarking on are meant to prepare nets for the youths to fish and put food on their table, hence you should continue to follow him.
“The SIMplified Movement brought upon by the governor will ensure that Rivers youths stop the habit of going to bow down before politicians, pledging loyalty before they can eat.”
Earlier, spokesman for the Emohua Youths for SIM, Comrade Ovamale O. Ovamale, had said that the visit by youths from the 14 political wards in Emohua Local Government Area was to thank the governor for the award of the Elele-Omudiaga-Egbeda-Ubimini-Ikiri-Omoku road, the approval for electrification of the area and reinstatement of sacked workers of Emohua Local Government Council, of which the youths were mostly affected.
According to him, “Siminalayi Fubara of recent has given Emohua Local Government road that links Elele to Omoku, which comprises over four communities in the local government.”
“Emohua Local Government has also been in darkness for eight years. No community in the local government that has light. But, of recent, because of the passion and love the governor has for the people of Emohua, he has approved the electrification of the local government.
“Also, the illegal sack of Emohua Local Government workers, for which the youths were mostly affected and without the approval of the Local Government Service Commission, the governor, in his compassionate nature, has reinstated them, and that is why we said we must come and thank His Excellency”, he said.
Rivers State Governor, Sir Siminalayi Fubara, has assured that his administration will collaborate and continue to consult widely in delivering a liberated State experiencing enduring peace.
Fubara said, in doing so, he would not operate as a dictator but as a member of a team that has the best interest of the State at heart and determined to leave a lasting legacy that can be celebrated.
The governor spoke during the formal presentation of Certificate of Recognition and Staff of Office to the Amanyanabo of Okochiri Kingdom, King Ateke Michael Tom, as first class tradition ruler, at Government House in Port Harcourt, yesterday.
Fubara stated that, during the Sixth State Executive Council meeting, N80.8billion was approved with 50 percent contract value paid already as the Government awarded the construction of the Elele-Egbeda-Omoku Road.
He said the project will be funded from the savings from Internally Generated Revenue (IGR) to underscore his administration’s prudence without also borrowing to complete the project.
“We are at a crossroad in our State where we all need to stand for what is right. It happens once in a life time. So, for now, be one of those people that will be in the course to liberate and free our dear State.
“And I know strongly that having the support of a peace-loving Amanyanabo of Okochiri Kingdom, having the support of the wonderful Council of Chiefs, having the support of the great people of Rivers State, we will bring peace in our State. We will do those things that are right to develop our State.
“We will continue to consult. We will not act as dictators. We will act as people who know that one day, we will leave, and when we leave, the way we have acted will speak for us. We will not force people to talk good about us. Our legacy will be a signature for how we led”, the governor said.
Fubara explained that he acted within the ambit of the law to upgrade the traditional stool upon which King Ateke Tom sits in recognition of his efforts in promoting peace in Okrika, and indeed, the State, and urged him to continue to do justice to everyone.
In his speech, Commissioner for Chieftaincy and Community Affairs, Hon Charles Amadi, congratulated King Ateke Tom for being formally presented with the Certificate of Recognition and Staff of Office as first class traditional ruler.
Also speaking, former Transport Minister, Chief Abiye Sekibo, thanked the governor for fulfilling his promise of upgrading the traditional stool of Okochiri Kingdom, and pledged the support of Kirike Se people to his administration.
Rivers State Governor, Sir Siminalayi Fubara, has promised to give the best attention to the education sector so that standard and quality learning will never be compromised in the State.
The governor emphasised that in achieving such legacy, schools in the State will be driven with a curriculum that will equip school-aged children to become competitive, innovative and self-reliant.
Governor Fubara made the assertion while inaugurating the Governing Council of Rivers State University at Government House in Port Harcourt on Wednesday.
He said: “There is a lot of noise everywhere: people asking what we are doing; that we are not focused, and that we don’t have direction.
”But I want to tell the world that we are focused and aware that we cannot grow if our energies are not channeled to education. Not just education, but purposeful education.
”Education that is creative. Education that gives you independence. We have left the era in the world when you speak too much grammar. We are in such times when it is what you can do with your hands.
”Our purpose for education is that we should bring back our academic programmes to where, at the end of your studies, you don’t need a job but you create jobs. When one creates a job, you automatically employ others. That is what I want this council to see as their task.”
Governor Fubara noted the non-existence of public secondary schools for the male child in the Diobu axis of Port Harcourt.
He said such negligence leaves children in that area who have completed primary education, and whose parents cannot afford sending them to far away secondary schools, to roam the streets, and therefore becoming willing tools for criminality.
Governor Fubara assured that such fundamental problem will be addressed by his administration as a measure to curb the negative impression associated with Diobu axis of Port Harcourt.
The governor said he trusts in the capacity of the members of the Governing Council of Rivers State University to bring about positive change in the institution while also contributing their quota to improving the general education standard in the State.
”I charge you, not just in terms of administering the affairs of the university, but let us add something different from the normal things that we already have to see new things.”
In her response, on behalf of the other members, the Pro-Chancellor of the Governing Council of Rivers State University, Justice Mary Odili (rtd), thanked the governor for finding them worthy to serve in such capacity.
Justice Odili assured they will work assiduously as a team to solve the problems that agitate the mind of the governor and ensure their contributions form part of the legacy that will be bequeathed by his administration.
The members included Justice Mary Odili (rtd) as the Pro-Chancellor and Chairman of the Governing Council with Barrister Mela Oforibika and Chukwuma Chinwo, Esq.
Others were Adata Bio-Briggs, Esq., Dr. Jonathan Nimi Hart, Ngo Martins-Yellowe, Dr. Nancy Nwankwo, Dr. Igoni William-Park, and Mr. Ogbugbu Barisua.
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