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Widening A Killing Field …Mark’s Death-Penalty Call For Oil Thieves

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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.

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Bonny-Bodo Road: FG Offers Additional N20bn, Targets December Deadline

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The Federal Government has agreed to offer additional N20.5 billion for the completion of the Bonny-Bodo road project in December.
The government, however, said if the construction company, Julius Berger, was not ready to accept the offer, the contract will be terminated.
Minister of Works, David Umahi, said this during a meeting with the Managing Director of Julius Berger, Lars Ritcher and members of Bodo-Bonny Road Peace Committee, on Wednesday in Abuja.
The reports that Julius Berger had requested asking for a N28 billion variation on the 82 per cent completed project.
The company hinged its request on the rise in exchange rate, construction materials, and diesel among others.
Umahi, however, said the government was willing to provide N20 billion out of the N28 billion that Julius Berger requested for.
According to him, the Bonny-Bodo road contract which was initially awarded at the cost of N120 billion in 2015, was later varied at N199 billion with a completion dateline of December 2023, which has since elapsed.
The Tide’s source recalls that in 2017, an agreement between the Federal Government, Nigeria Liquefied Natural Gas (NLNG) and Julus Berger on modalities for funding the project cost of N199.923 billion, without any further increase.
“If you do not accept the Federal Government’s offer by Friday and resume work on the site, the previously expired 14-day ultimatum for termination of project will be enforced.
“I want to let you know that we are the client. No contractor will dictate for this ministry, and there is no job that is compulsory that a particular contractor must do.
“We give you an offer. If you do not like the offer, you walk away. You don’t force us or we don’t force you.
“Agreement of contractual relationship is a mutual understanding,’’ the minister said.
Umahi said that had Julius Berger adhered to the project timetable, the project would have been completed on schedule before the impact of foreign exchange.
“Our position is very simple, we reject the conditions of Julius Berger totally and we ask Berger to please go back to the site to complete the project based on our offer.
“Our offer is unconditional and we say, accept or reject, so you cannot subject our offer to your conditions ,’’ he added
Umahi said the company should be humble in its dealings and exhibit solidarity during challenges.
Earlier, Richter had explained that the company suspended work on the site to seek some clarifications from the ministry.
According to him, the company asked for the augmemtation of N28 bilion because as at the time the contract was awarded the exchange rate was N305 to a dollar and diesel was N350 eor litre.
“We will still require some outstanding materials; that means that the initial agreement can’t fly because the variation of project is not sufficient and the exchange rate is also not in our favour to compensate the additional costs.
“That is why we decided to go back to our original proposal of the augmentation. Augmentation is a very normal process for all contracts,” the managing director said.
Chief Abel Attoni, Palace Secretary, Bonny Kingdom, expressed gratitude to President Bola Ahmed Tinubu over the decision to complete the Bodo-Bonny road project.
Attonu urged the parties to be patriotic and make the necessary sacrifice for the actualisation of the project.

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Court Vacates Arrest Warrant Against Ehie, Five Others

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The Federal High Court, sitting in Abuja, yesterday, set aside the warrant of arrest against Rt. Hon. Edison Ehie, the Chief of Staff, Government House, Rivers State, and five others.
Justice Emeka Nwite stated this while delivering his ruling in an application seeking to vacate the warrant of arrest which he issued on January 31, 2024.
The Judge said he was misled by the police in ordering the arrest of Ehie in connection with the burning of the Rivers State House of Assembly on October 30, 2023.
The Police, had told the court that Ehie and five others masterminded the bombing of the Rivers State House of Assembly amid a plot to impeach Rivers State Governor, Siminalayi Fubara.
The five others are Jinjiri Bala, Happy Benedict, Progress Joseph, Adokiye Oyagiri, and Chibuike Peter, alias Rambo.
Justice Emeka Nwite while setting aside the warrant said it has now become a mere academic exercise.
The judge further granted same to the 2nd to 5th Defendant/Applicant in same suit.
Femi Falana, SAN, and Oluwole Aladedoye, SAN, who appeared for the defendants in separate suits, held that the court lacked the jurisdiction to have granted the order.
While Falana filed a motion seeking an order to set aside the January 31 order by Justice Nwite, Aladedoye applied for a stay of execution of the arrest order.
In a motion marked: FHC/ABJ/CS/112/2024 dated February 2 and filed on February 7 by Falana, Ehie sought two orders, including “an order setting aside the order made on January 31 for want of jurisdiction.
“An order of this honourable court staying the execution of the order made on the 31st January 2024, pending the hearing and determination of this application.”
Giving six grounds of argument, Falana argued that the complainant had not filed any criminal charge or motion before the court.
The senior lawyer argued that the court lacked the territorial jurisdiction to entertain the ex-parte application as the alleged offences of conspiracy, attempted murder, murder and arson took place in Port Harcourt, the state capital.
“He submitted that the court lacked the vires to grant an application to arrest and declare his clients wanted in respect of the alleged offences.
“The complainant/respondent (IG) did not adduce evidence of terrorism in the affidavit in support of the application.
“The complainant/respondent did not cite any section of the Terrorism Prevention Act, 2013 (as amended) alleged to have been contravened by the applicants,” he argued.
Aladedoye in a motion on notice dated and filed February 9, on behalf of the five defendants, sought two orders, including
“an order staying execution or further execution of the order(s) of this honourable court made on the 31st of January, 2024, pending the hearing and determination of the appeal filed by the applicants.
“An order of injunction restraining the complainant from carrying out or further carrying out the orders of this honourable court made on the 31st January 2024, pending the hearing and determination of the appeal filed by the applicant in this case.”
Giving a three-ground argument, Aladedoye said that a notice of appeal had already been filed against Justice Nwite’s orders.
According to the senior lawyer, the notice of appeal contains grounds that challenge the jurisdiction of the honourable court.
The Inspector-General had, in a charge marked: FHC/ABJ/CR/25/2024, arraigned the defendants on a seven-count criminal charge bordering on terrorism and murder.

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13 Students Bag First Class, 182 PhD As IAUOE Graduates 5,550, Today

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The authorities of Ignatius Ajuru University of Education (IAUOE), Rumuolumeni, in Rivers State, have stated that 13 students will be graduating with first class while 182 graduands will bag Ph.D during the 42nd convocation ceremony of the university billed to hold today and tomorrow.
The Acting Vice Chancellor of the University, Prof. Okechuku Onuchuku, disclosed this during pre-convocation press briefing held in his office, yesterday, to unveil the programme for the convocation ceremony.
Onuchuku said that the 13 students were among the 4,653 graduands expected to graduate for the 2022/2023 academic session with first degree, while 897 students will be graduating with postgraduate degrees.
The Acting Vice Chancellor while giving the breakdown stated that 13 students made first class, 890 students bagged second class upper while 2,739 students had second class lower for first degree.
He further stated that 182 graduands bagged PhD, 667 got master’s degree and 48 got postgraduate diploma, adding that the convocation ceremony will hold today and tomorrow for first degree graduands and postgraduate graduands respectively.
He said that a total of 47 programmes out of the 54 programmes being undertaken at the first degree levels had been given full accreditation by the National University Commission (NUC) as well as all the programmes at the postgraduate school.
“We have ensured that our programmes both at the first degree and post graduates are in line with the NUC stipulated guidelines and speculations. We have also ensured that we are in line with both our academic and administrative policies,” he said.
Prof. Okechukwu urged the graduating students of the institution to always remember to use thier positions to help their alma mater as well as project the institution in a good image in the larger society.
“Try to ensure you finish any project you want to do, evaluate it first and avoid unfinished or abandoned projects. We will be graduating first degree graduands on Friday while Saturday will be for postgraduates, “he added.
Prof. Onuchukwu also said his administration had achieved a lot since he assumed office as Acting Vice Chancellor, stressing that his administration had improved on the welfare of the staff and the students.
“There are a lot of projects completed in the school; we have also given scholarship to some students and also encouraged departments to do same. We also impacted positively on our host communities”, he said.

Akujobi Amadi

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