News
Widening A Killing Field …Mark’s Death-Penalty Call For Oil Thieves
Since Nigeria discovered crude oil in commercial quantities in Oloibiri in today’s Bayelsa State in the early 50’s, the country’s life has depended largely on what has come to be known as black gold. Indeed, the sustenance, survival and growth of her economy and peoples today is determined by foreign exchange earnings from exports of crude and sale of its refined products to the people.
Crude oil has a history of annexure with impunity, and of systemic denial of peoples of the areas it was sourced. Infact, a visit to Oloibiri would force the first timer to shudder if indeed the product is a curse to the people or blessing only to others, not the people.
That systemic marginalisation, manifested profoundly in the infrastructural decay of host communities and the flamboyance of oil company workers, mostly multi-nationals whose houseboats, were the first source of electricity light, in the usually dark horizon of the once peaceful fishing villages.
With the high economic power of such foreigners, as against the abysmally woeful purchasing power of the locals, the girl became an easy prey to red-eyed multi-nationals who on a near-frequent basis, mindlessly induced the vulnerable lot into early prostitution, while productive young people became their reluctant pimps, escorts or ferry canoe-men for their escapades into the interiors.
But the desecration of the once self-content oil bearing areas was not limited to the socio-economic front. The environmental impact was very huge and indeed threatened the only occupations the people knew, fishing, farming, basket weaving, canoe making and the like. The usually green vegetations turned black as they were totally polluted, resulting in lifeless rivers, farm lands, unfit for fishing and farming, even as the wells, which the locals depended on for drinking water, turned brown.
If the socio-economic and environmental factors were demeaning and made peoples of the oil bearing communities second-class citizens, in their own country, their denial of political space was even more frustrating. Being minorities, it required a thoughtful majority to grant them political space to push the protest, but same was denied even before they were made.
That was on account of a pre-reached resolution by those majority tribes expected to do right. That resolution simply tagged oil as A Gift from God. To whom? A natural treasure. Whose? Hence unbefitting of the special place Agricultural success enjoyed.
Merely because, being majority, those who lacked the said natural and later national gift said so, oil producing areas were willfully denied control of the God given land’s resources as was the case in the days of the groundnut pyramids, cocoa and all. From between 50 percent and 100 percent enjoyed, derivation to oil producing areas, crawled from zero percent, one and half percent, 3 percent, 5 percent and today 13 per cent.
Of course, these were not without protests. Infact, it was when all civil protests made by the people, attracted from the powers that be, the usual response, ‘something is in the pipeline’ that the thoroughly suffocated youth went, in search of the content of the pipelines, directly aggravated also by their systemic denial of sources of livelihood.
Of course, no slave driver willingly frees a good slave without a fight, and so the federal authorities kicked. It was the resultant threat which that face-off posed to the easy sucking of the crude for export and survival of the nation that hastened amnesty for Niger Delta militants.
This brief background has become necessary because of fresh calls to include, oil theft among offences that must attract capital punishment. The question being, can one steal something that belongs to none? A gift from God to all? Like the Air? If there indeed are armed oil thieves, is it not safe to say, that the federal government that forcefully converted a people’s land’s natural gift to a national inheritance are the first culprits?
Without such military might (armed) could the federal government forcefully take what it did not own? (robbery). Were the peoples of the Niger Delta, given the opportunity to decide whether they wished to be a part of the forced amalgamation called Nigeria and for which crude-oil sourced there-from must be for all? Is Nigeria willing to pop that question to the oil bearing communities? To know, if they would wish to surrender their heritage in a Sovereign National Conference?
Last week, Nigeria’s Senate President David Mark canvassed death penalty as punishment for oil theft, due to the damaging effects of the crime to the nation’s survival.
In canvassing capital punishment for crude oil thieves, the key consideration is the threat which the practice poses to the economy of Nigeria, not the marginalisation it’s exploitation and sale had caused to the people whose farmlands and rivers remain the drilling fields with attendant woes. To make oil theft a capital offence therefore, the treasure should first be given to its owners, who alone should complain of the theft of their inheritance and backed by the central government.
What lack of patriotism? I can imagine many wondering. Fact is, wrong as oil theft may be, making it an offence that will attract death penalty is over-widening the nation’s killing fields, and there’s no telling how many Nigerians would be innocent.
Theft or armed robbery flourishes partly because there are willing patrons of the loot the thieve brings. Armed robbery is expensive, so a starter requires a criminally minded rich sponsor for arms. Like armed robbery, crude oil theft is a multi-dimensional crime that covers many skilled and unskilled participants in the banking sector, government, the security forces, multi-nationals, the local refinery owner called ‘kpo-fire,’ the rural trader buying and selling the product, the oil company staff willing to compromise trust for extra earnings, the marketer who mixes adulterated products, the NNPC staff detailed to the discharge point, the tanker driver who sells some drums on the way, and indeed the unemployed youth forgotten by his country, seeking a livelihood, the hard way.
Such is the chain. Such, the number of those likely to be affected. The difference between armed robbery and oil theft however, is that, in the case of the latter, it has always been perceived as a stolen property which when restolen constitutes no offence. This is perhaps why those involved believe that they are merely taking a bit of what has been forcefully made a general gift for all.
Therefore, it will require more than imposition of death penalty to change that mindset. It will require a total remediation of the Niger Delta environment, an acceptance of guilt by the federal government, and an agreement that the product belongs to the owners of the land and rivers the gift was sourced, based on global law who alone should determine what percentage to share or pay in taxes. It is when that ownership is established based on natural law, that an oil thief should be killed for forcefully taking what belongs to another. That too, has a caveat.
The crime must result in the death of the owner to attract the death penalty. Except in very few instances, such is the key ingredient that defines capital punishment in the United States of America (USA) whose democracy we’ve copied.
Perhaps a cursory look at offences that fit the redline will help. (additional facts from the web)
The following are offences that attract either death penalty or life imprisonment in the US
. Causing death by using a chemical weapon
.killing a member of Congress, the Cabinet or the United States Supreme Court
.Kidnapping a member of Congress, Cabinet of the United States Supreme Court resulting in death
.Conspiracy to kill a member of the Congress, Cabinet of the US Supreme Court resulting in death
.Causing death by using an explosive
.Causing death by using an illegal firearm
.Genocide
.First Degree Murder
.Murder perpetrated by poison or lying wait
.Murder that is willful, deliberate, malicious and premeditated
.Murder in the perpetration of or in the attempt to perpetrate any arson, escape kidnapping, treason, espionage, sabotage, aggravated sexual abuse or sexual abuse, child abuse, burglary or robbery
. Murder perpetrated as part of a pattern or practice of assault or torture against a child or children
.Murder committed by a federal prisoner or an escaped federal prisoner sentenced to 15 years to life or a more severe penalty
.Assassinating the President or member of his staff
.Kidnapping the President or a member of his staff resulting in death
.Killing persons aiding federal investigation or state correctional officers
.Sexual abuse resulting in death
.Sexual exploitation of children resulting in death.
.Torture resulting in death
.War crimes resulting in death
.Crimes against humanity
.Attempting, authorising or advising the killing of any officer, juror, or witness in cases involving continuing criminal enterprise, even if such killing does not occur.
Thus, as it may be that a country’s laws are depended largely on its peculiar problems, frustrations, needs, experiences, hopes and fears, and oil theft a major crime against our economy, the offence does not require a capital punishment or a separate law to tackle. The country’s criminal code provides for ways and means of checking theft and robbery, and attracts a death penalty if that crime results in the death of another.
What is required instead is proper policing of our oil and gas production infrastructure by competent, patriotic and indeed God fearing security operatives.
My Agony is that the first victims of such law would be the unemployed youth daily engaged to locally refine crude oil and not all others in the chain that make the theft possible. Or do you not know that the oil thieves and security men posted to such red zones may not be best of friends, but are never enemies in combat, except when the thief is greedy, the security, too pious. And they are few.
The Supreme Court of Nigeria will hold a valedictory court session on Wednesday, May 14, to honour the late Justice Emmanuel Ogwuegbu, a former Justice of the court who passed away in October last year.
The session is scheduled to take place at 2.pm in the main courtroom of the Supreme Court.
A statement issued yesterday by the Director of Information and Public Relations of the apex Court, Dr Festus Akande, revealed that the late judicial icon died peacefully in his sleep on October 28, 2024, at the age of 91.
Born on March 16, 1933, in Amainyi, Ihitte-Uboma Local Government Area of Imo State, Justice Ogwuegbu rose from a humble background to become a towering figure in the legal profession.
He was appointed a judge of the High Court of Imo State in November 1976, serving as Administrative Judge of the Owerri Judicial Division from 1976 to 1979. He later served in the same capacity in the Aba Judicial Division in 1980.
Elevated to the Court of Appeal in September 1987, Justice Ogwuegbu served in the Ibadan and Lagos Divisions before his appointment as a Justice of the Supreme Court of Nigeria in April 1992.
In recognition of his outstanding contributions to the judiciary, he was seconded by the Federal Government to serve on the Supreme Court bench of The Gambia from December 1999 to 2002.
He returned to Nigeria to continue his meritorious service at the Supreme Court until his retirement on 16 March 2003.
The valedictory session will be presided over by the Chief Justice of Nigeria, Justice Kudirat Kekere-Ekun.
Tributes will be paid to the late Justice Ogwuegbu by the Chief Justice and other key stakeholders in the nation’s justice sector.
The session will also be attended by the Attorney General of the Federation and Minister of Justice, Lateef Fagbemi (SAN).
A total of 86 Nigerian Army captains will be sitting for the 2025 written promotion examination in Benin.
The week-long examination will run from May 12 through May 16 and is being hosted by the Nigerian Army School of Supply and Transport (NASST).
Speaking at the opening session on Sunday in Benin, Maj. Gen. Kevin Aligbe, commander, Training and Doctrine Command (TRADOC) and president of the examination saluted the candidates for reaching this pivotal point in their careers.
He described the examination as a major stepping stone to higher responsibilities and called for professionalism, discipline and zero tolerance for examination malpractice.
“The examination is part of the Nigerian Army’s structured promotion process aimed at building a professional, disciplined and merit-driven officer corps, in line with the Chief of Army Staff’s vision of a capable and responsive force.
“This is an opportunity to make a solid progression in your chosen career.
“Let me assure you that if you have prepared well, you will pass this exam without resorting to any form of malpractice. We expect nothing short of a 100 per cent success,” he said.
According to him, the examination is a key prerequisite for promotion to the rank of major while also urging all participants to give it their best, especially those making a second attempt.
He noted that only three chances were allowed by the army policy.
Mr Aligbe however, warned that any candidate caught cheating, discussing answers in the hall or violating security protocols would be disqualified and made to face further disciplinary action.
He also disclosed that awards and commendation letters, including cash prizes would be given to candidates who rank first, second and third.
He added: “our desire is to see all of you pass”, while assuring fairness and transparency in the marking process.
In his welcome address, Maj. Gen. Adebayo Adegbite, commandant of NASST, said the school was honoured to host the promotion exam.
He noted that the examination marks a critical milestone in the career development of officers.
“You have undergone a rigorous one-month preparatory cadder.
“The mock exam assessed your readiness. We expect good performance.
“Be reminded of the security situation in Benin. Avoid unnecessary movements. Move in pairs and be security conscious,” he said.
Human Rights Lawyer and Senior Advocate of Nigeria, Femi Falana, has demanded a probe into what he described as the diversion of a $3.4 billion loan from the International Monetary Fund (IMF).
Falana made this known in a statement he signed yesterday.
Last week, the IMF confirmed that Nigeria had fully repaid the $3.4 billion in COVID-19 financial support it received under the Rapid Financing Instrument. Although Nigeria’s principal balance stands at zero, scheduled charges, including net charges, basic interest, and administrative fees, amount to SDR 125.99 million. At the current exchange rate, this translates to approximately N275.28 billion.
“It is pertinent to recall that in the wake of the COVID-19 in 2030, Nigeria requested emergency assistance of about US$3.4 billion — equivalent to 100 percent of its quota from the International Monetary Fund to shore up the country’s economy and help businesses weather the storm of a deadly pandemic that disrupted global markets and plunged the world into a recession,” Falana said.
At the meeting of the IMF Executive Board held on April 28, 2020, the financial support of $3.4 billion was approved to provide critical support to shore up Nigeria’s health care sector and shield jobs and businesses from the shock of the COVID-19 crisis. In particular, the loan was designed to help alleviate the impact of the COVID-19 pandemic and the sharp fall in oil prices and also help limit the decline in international reserves.
Following the Executive Board’s discussion of Nigeria, Mr. Mitsuhiro Furusawa, Deputy Managing Director and Acting Chair, stated that, “The emergency financing under the RFI will provide much-needed liquidity support to respond to the urgent BOP needs. Additional assistance from development partners will be required to support the government’s efforts and close the large financing gap. The implementation of proper governance arrangements—including through the publication and independent audit of crisis-mitigating spending and procurement processes—is crucial to ensure emergency funds are used for their intended purposes.”(emphasis ours)
“Characteristically, the IMF Management, which jointly manages the neocolonial economy of Nigeria with the Federal Government, failed to ensure emergency funds were used “for their intended purposes.”
Recall that a 2020 audit report by the Office of the Auditor-General of the Federation, released in January 2024, flagged several irregularities in the handling of the fund. The report stated that on April 30, 2020, $2.4 billion of the loan was transferred to the CBN’s account at the Federal Reserve Bank of New York, while the remaining balance went to the CBN’s account at the Bank of China, Shanghai. The report further stated that by June 1, the $2.4 billion had been moved to the Bank for International Settlements (BIS) for short-term investments. The funds in China were similarly transferred to the Industrial and Commercial Bank of China.
“These transactions, according to the audit, were not supported by documentation or approvals from the Federal Government or the CBN’s Investment Committee, and the funds were subsequently reclassified as part of the CBN’s external reserves rather than the Federal Government’s holdings. This reclassification, the report noted, allowed interest to be earned on the funds, contrary to the emergency spending purpose for which they were approved,” Falana argued.
Speaking further, Falana noted that the report stated that on August 7, 2020, the Federal Ministry of Finance requested the monetisation of $700 million to support the 2020 federal budget. One week later, the CBN approved a debit of N265.65 billion, applying an exchange rate of N379.5/$, higher than the official N360.5/$ rate at the time. The funds were credited to three separate accounts: N252 billion to the COVID-19 Public Sector Account, N13.3 billion to the Forex Equalisation Account, and N350 million to the Exchange Commission Account.
“The audit noted that a 2% commission was deducted from the monetised amount, even though the funds were categorised as Federal Government property. At the end of 2020, an unmonetised balance of $2.7 billion — equivalent to approximately N1.02 trillion — remained unaccounted for, according to the Auditor-General’s report.
“The report recommended that the CBN Governor should explain the movement and classification of the funds without proper authorisation. It also requested bank statements to confirm the unmonetised balance and demanded the recovery of N13.3 billion and N350 million into the Federal Government’s account. It further called for the remittance of all interest earned from the investments and warned that sanctions under relevant financial regulations would be applied if there was no accountability.” the senior lawyer stated.
According to Falana, the Auditor-General wants the money recovered and remitted to the public treasury, and for the evidence of remittance to be forwarded to the Public Accounts Committee of the National Assembly.
He also said the Auditor-General also recommended that anyone suspected to be involved should be ‘sanctioned and handed over to the EFCC and ICPC for investigation and prosecution, as provided for in paragraph 3112 of the Financial Regulations’.
“Even though the Auditor-General of the Federation submitted the 2020 Annual Report to to each House of the National Assembly, both Houses have failed to cause the report to be considered by the committees responsible for public accounts, to cover up the criminal diversion of the $3.4 IMF and several trillions of Naira set out in the Auditor-General’s report, in utter contravention of section 85(5) of the Constitution of the Federal Republic of Nigeria as amended.
“Given the foregoing, the Alliance on Surviving Covid-19 and Beyond hereby calls on the Economic and Financial Crimes Commission and the Independent Corrupt Practices and Other Related Offences Commission to investigate the criminal diversion of the $3.4 billion loan obtained by Nigeria to fight the Covid-19 pandemic.
“We also call on the IMF Board to probe the deliberate refusal of its management to ensure that the emergency funds were used for their intended purposes.” Meanwhile, the IMF should suspend the collection of the scheduled charges, including net charges, basic interest, and administrative fees, amounting to SDR 125.99 million (N275.28 billion) pending the conclusion of its investigation,” he said.
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