Editorial
Still On PIB
The House of Representatives has once again pushed to the front burner for passage, the controversial Petroleum Industry Bill (PIB), which has been on the floor of the National Assembly since December, 2008, when it was originally introduced. This piece of legislation has since then undergone several revisions and has been the subject of controversy and debate. Right now, the Bill has been split into four documents.
Interestingly, former President Goodluck Jonathan had on July 18, 2012, presented a new version of the Bill to the Seventh National Assembly for reconsideration and re-enactment. The National Assembly graciously did that but the Bill was not signed into law until that regime fizzled out in 2015.
Inadvertently, another component of the Bill, the Petroleum Industry Governance Bill (PIGB), was passed by the Senate in May, 2017, while the House of Representatives followed suit in January, 2018, as part of a package of legislative reform for the oil and gas sector. However, President Muhammadu Buhari withheld his assent, and the document has remained in the cooler since then.
There is no doubt that the Nigerian oil industry is the mainstay of the country’s economy. Keen observers, however, believe that the oil industry is opaque in its dealings, as it is widely seen as a source of corruption in government circles.
Incidentally, various stakeholders within government, oil companies and even civil society organisations equally agree that the oil and gas sector in Nigeria needs urgent reforms. This arises from the fact that the current structures are convoluted and impede effective regulation. This is mainly because of overlapping regulatory functions exercised by multiple agencies which in themselves breed dysfunction.
As it were, the long term consequence of this persisting scenario has been a significant deterioration in the environment of the Niger Delta region as a result of oil spills and gas flaring, which ultimately has impacted negatively on the health of the local people, the loss of agricultural land, and the pollution of its creeks and surrounding seas.
Essentially, these are lapses among others the PIB intends to address. It also aspires to promote transparency and accountability in the oil and gas sector. While transparency encourages competition, accountable institutions reassure investors, improve regulation and revenue collection, and these result in higher production and earnings.
Besides, the PIB would also enhance and increase access to information within the sector by opening more kinds of documents and data to public scrutiny, and by so doing, improve incentives for performance and check corruption and other sharp practices within the sector.
It is in cognizance of this fact that the House of Representatives recently set in motion modalities to pass the long-awaited PIB into law in September, by setting up a 30-member committee with five members drawn from each of the six geo-political zones of the country. The Minority Leader of the House, Rep Ndudi Elumelu, told newsmen that the House would go ahead with the process of amending and passing the Bill even without the input of the Executive.
“We don’t need the Executive to tutor us. We are going ahead with considering the Bill,” Elumelu enthused, while another lawmaker, Rep. Nicholas Ossai, advised the President to cooperate with the National Assembly on this piece of legislation, so as to attract more investments to the oil and gas industry. The House and the Senate are expected to resume full business in the second week of September.
The Tide is elated that the House of Representatives has taken a bold step to revisit this nagging issue, and promised to do the needful in ensuring that the Bill is passed into law. We are not unmindful that this is the fourth time the Bill is being introduced and re-introduced without having a smooth sail in the National Assembly.
In fact, the passage of this Bill is long overdue as it has been unnecessarily over-delayed, and we believe that the assurances given by the members of the House of Representatives this time around would be good enough to see this all-important Bill see the light of day once and for all.
The first step, we think, is for the lawmakers to try as much as possible to harmonise the PIB, which has been split into four documents. This will enable the National Assembly to do a more thorough work on the Bill with a view to addressing all grey areas that may stand against it from securing the President’s assent, after it must have been passed into law.
There is no gainsaying the fact that the Bill, when passed into law and assented to by the President, would go a long way to bolster the interest and welfare of those who suffer the negative impact of oil exploration in the country. This is particularly so because the Bill is not only for the interest of the Niger Delta alone but also for the entire country, as it would help bring the much-needed peace in the region and facilitate development across the country.
We also lend our voice to the call by the lawmakers and other stakeholders on the Executive to cooperate with the National Assembly in the current move to make the PIB a reality. In fact, this time around, we should never allow primordial sentiments and other considerations for that matter to becloud and override the collective interest and zeal of bringing more investments to the country.
Indeed, in this matter, it behoves the current Federal Government to treat with the same passion the way it has treated Bills like the North East Development Commission, among others. Again, all that is required for us to move forward is for all hands to be on deck to give the PIB the expected push in order to give the country’s ailing economy a boost.
Editorial
That Kyari’s Promise On PH Refinery
The Nigerian government has announced that the Port Harcourt Refining Company (PHRC) would soon start operations after missing several previously set deadlines. In a recent meeting with the Senate, the Group Chief Executive Officer of the Nigeria National Petroleum Company Limited (NNPCL), Mele Kyari, assured Nigerians that the refinery would begin operations in two weeks. He emphasised a commitment to meeting the set deadlines for the PHRC and other refineries.
A statement by the NNPCL spokesperson, Olufemi Soneye, quoted Kyari as saying: “We will make sure that promises that we made about the rehabilitation of these refineries are kept. We completed the mechanical completion of PHRC in December. Now, we have crude oil already stocked in it. It is currently undergoing regulatory compliance test before we restream it. I assure you that this refinery will start in the next two weeks”.
Speaking further, Kyari declares: “For Warri, we have also done mechanical work on it. It is undergoing regulatory compliance processes that we are doing with our regulators. Kaduna will be ready by December this year, but we have not reached that stage. We believe that it will also be ready on schedule.” He explained that the PHRC had received 450,000 barrels of crude for processing since the mechanical completion of the plant in December last year.
In 2021, the Federal Government gave approval to allocate $1.5 billion for the purpose of repairing the refinery. Subsequently, an Italian company, named Maire Tecnimont, was selected to undertake the repair work, which would be carried out in three separate phases. The main goal of the first phase is to restore the refinery’s operation to 90 per cent capacity within 18 months.
Although the project faces numerous delays and obstacles, it is a critical measure to increase Nigeria’s ability to refine its petroleum products and decrease its reliance on imports. The original deadline of 2022 was not met. During this year’s budget defence session, Kyari informed lawmakers that the PHRC would start operations by the end of December. However, that deadline was also missed. Another target of January 1, 2024, also failed.
There were two previous instances of deadlines set by Ibe Kachikwu, who was the Minister of State (Petroleum Resources). There was another timeline under Timipre Sylva, and now we are faced with the current one. This would be the fifth or possibly even the sixth one. In the past, several government officials had made similar statements, but no tangible outcomes were achieved.
The four state-owned refineries, which are old and in bad condition, have a total capacity of 450,000 barrels per day. One of them, the Kaduna plant located in the North, has a capacity of 110,000 barrels per day, while the other three units are situated in the oil-rich Niger Delta region. One of these is the Warri refinery, with a capacity of 125,000 barrels per day. All four refineries have been closed for several years.
In 2019, the four local refineries completely ceased operations, leading to fuel supply issues in the country. The Port Harcourt refinery has the ability to produce 60,000 barrels per day at full capacity. If fully utilised, this could result in the production of approximately 10.1 million litres of petrol, which is roughly equivalent to one-third of Nigeria’s estimated daily consumption.
The Dangote refinery was expected to begin producing products by the end of July last year, while the commissioning date for the PHRC continues to be delayed. This impediment is worrisome as it means that Nigeria’s dependence on imported fuel will persist, potentially adding N33.3 billion to consumers’ pump prices due to freight costs. The completion of these refineries is essential for reducing importation and ensuring a more stable and affordable fuel supply for the country.
In general, we should be feeling joyful about Kyari’s promise. However, that is not the situation. If anything, we are extremely angry about the news. What should have been happy news has instead provoked the frustration in us, clearly because similar promises had been made in the past without any palpable outcome. It has become predictable to hear about the functioning of the refineries, whether in Port Harcourt, Warri or Kaduna. We hope that the GMD will fulfil his promise this time.
Since 2015, when the ruling All Progressives Congress (APC) took power from the Peoples Democratic Party (PDP), which had been in government for 16 years, there have been promises to maintain and eventually operate the PHRC and others, but none of these promises have been fulfilled. So, when the NNPC released a statement declaring that the government was determined to stop importing fuel and that the PHRC would start operations in two weeks, indicating the government’s readiness to end fuel importation, we are sceptical of this claim.
We strongly advise the National Assembly (NASS) to increase its efforts in pressuring the NNPCL management to fulfil its pledge of making the PHRC operational at the stipulated time by regularly monitoring its activities. If the NASS had performed its oversight function commendably, the state-owned refineries would not have been a heavy burden on public funds, preventing Nigerians from experiencing the benefits of being an oil-producing nation. If the refinery does not function as promised, Kyari should face severe sanctions.
Considering the Nigerian government’s history of making unfulfilled undertakings, it is understandable that we are hesitant to believe Kyari’s statement. Previous assurances have been broken, so it is hard to trust that this one will be any different. However, there is still some optimism that things will change this time and that the government will actually follow through on their promises. If the Tinubu administration must regain our trust and that of Nigerians, they have to demonstrate their sincerity and commitment to their obligations.
Editorial
Delta Killings: Need For Caution
The Niger Delta region, known for its abundant oil resources, has long been plagued by violence, rebellion and challenges to duly constituted authorities, especially among the youths. This unrest is particularly noticeable in Ughelli South Local Government Area of Delta State, casting a shadow over the region’s wealth of resources. On March 14, a tragic incident occurred where angry youths in Ughelli ambushed and killed 17 soldiers who were on a peacekeeping mission in the Okuama community.
This terrible act of extreme violence highlights the growing divide between the authorities and the frustrated younger generation. The significant loss suffered underscores the seriousness of the situation and shows the urgent need for quick and efficient solutions. The question that remains is: Who can be trusted to bring peace back to this troubled region?
With Nigerians already on edge about the increasing number of kidnappings in several areas of the country, the recent incident in the riverine communities of Ughelli and Bomadi Local Government Areas in Delta State has only added to the anxiety. The conflict between the Okuama and Okoloba communities, which began in January over a land dispute, has escalated and led to heightened tensions in the area. The citizens are understandably concerned about the situation and are hoping for a peaceful resolution of the conflict.
The Okuama people had unfortunately lost some of their own in recent events, leading to tensions between them and the rival community of Okoloba. In retaliation, the Okuama natives allegedly kidnapped a member of the Okoloba locality. This action prompted troops to embark on a peace mission to Okuama to rescue the kidnapped individual. Tragically, the mission turned deadly. The Army then insisted on taking some community leaders with them, a request members of the community declined, resulting in the crisis.
According to reports, a group of Okuama youths ambushed the military team and viciously killed the Commanding Officer, two majors, a captain, and 13 soldiers. There were allegedly intense gun battles between the youths and the troops. Reflecting the horror of the incident, media outlets described the aftermath scene as “barbaric”. The victims’ corpses were mutilated beyond recognition with severed legs and brutally torn bowels. The chilling degree of violence demonstrated was not only shocking but also unacceptable as it showcased the severe lack of regard for human life.
President Bola Tinubu’s denouncement of the attack on the military personnel and his call to fish out the attackers was expected and necessary. However, it is disappointing that he did not explicitly mention the need to avoid extrajudicial acts by the military in the process as they are wont to do. Other Nigerians have also condemned the killings as unprovoked and have called for justice to be served. All parties must ensure that the perpetrators are brought to justice through legal means and that there is no room for further violence or retaliation.
Already, reports have surfaced indicating that the military has encircled the communities, causing the indigenes to flee to neighbouring areas because of apprehension of reprisals. Viral images depicting armoured vehicles and burning structures imply that the soldiers have initiated operations. While we strongly denounce the shocking, barbaric, wicked and unforgiveable killing of the soldiers, we implore the Nigerian military to exhibit maturity and refrain from resorting to vigilantism in response. Instead, they should concentrate on apprehending the culprits, with some of them already identified.
Angry troops from the Nigerian Army recently attacked an Ijaw community called Igbomotoru, located in Bayelsa State in the Southern Ijaw Local Government Area. This community is known to be the birthplace of the purported ringleader, whom the troops were searching for. However, their efforts proved abortive, as the suspect had received a tip-off and fled before their arrival. Unfortunately, the invasion resulted in significant loss of life and destruction of property. Regardless of the soldiers’ anger, it is morally and legally wrong to take innocent lives. Such actions are uncivilised and give the impression that our military operates outside of the law.
It is a common practice in Nigeria for the military to respond to violence against its personnel by taking severe actions against the involved people or communities. Nonetheless, this approach may not necessarily lead to long-term peace and understanding. In fact, it could backfire and provoke more hostilities. That is why we think that the military must tread with caution. The risk is that such retaliatory measures could fuel resentment and defiance among the affected population, causing a cycle of ongoing animosity that could eventually lead to even more rebellion and hostility towards the authorities.
To look into the circumstances surrounding the regrettable incident, the Federal and Delta State governments should work together to form impartial probe panels that include representatives from both parties. The decision to deploy soldiers to settle a land dispute was inappropriate in the first place, as this is a matter that falls under the jurisdiction of the police. The military needs to concur with the police force and possibly the Directorate of State Services (DSS) in similar situations to prevent any further escalation of civil conflicts.
Nigeria’s police system needs to be reviewed in light of the killings of the military officers. Following understaffing, the military has been forced to take on internal policing duties, including tackling organised crime, oil theft, communal crises, kidnappings, and banditry. The police force must be adequately funded and equipped to effectively carry out their constitutional responsibilities. This tragic event emphasises the necessity for seeking justice without first resorting to revenge.
In November 1999, in Odi community, Bayelsa State, a gang killed 12 police officers and soldiers over oil resources and environmental degradation issues. The military’s response was severe, leading to the deaths of hundreds of civilians and the destruction of Odi. In October 2021, the military intervened in Zaki-Biam, Benue State, after 19 soldiers were abducted and killed by locals. The troops were sent to stabilise the area due to clashes between the Tiv and Jukun communities in Benue and Taraba States. Reports by Human Rights Watch indicated that the soldiers killed about 100-200 men and destroyed properties in Zaki-Biam and neighbouring areas.
The Okuama killings have shed light on the harsh reality that there are far too many weapons in the wrong hands in our country. To combat this issue and reduce criminality, President Tinubu must prioritise disarming and preventing non-state actors from obtaining weapons during his administration. The military and police should conduct thorough investigations into the homicides and ensure that only the perpetrators are brought to justice, to prevent further bloodshed and violence.
Editorial
For An Effective Supreme Court
The recent inauguration of 11 additional Justices to the Supreme Court, Nigeria’s highest judicial institution, presents a robust event in the judiciary. This action comes in the wake of a period the court was grappling with high workload pressure because of statutory retirements and unfortunate demise, resulting in the highest court running below its required capacity. However, the induction of the new Justices has brought transformation. The replenishment of the Bench restores the court’s strength to its estimated complement of 21 Justices, in line with the stipulations of the country’s constitution.
During the administration of the Oath of Office to the Justices, the Chief Justice of Nigeria (CJN), Justice Olukayode Ariwoola, reiterated the essence of their role and the responsibility they carry. He emphasised the expectation for them to exhibit utmost integrity and fairness, akin to Caesar’s wife, in delivering justice impartially regardless of whose interests were at stake. According to him, they should see themselves as God’s representatives. Unfortunately, the 11 Justices were assuming their positions on the Supreme Court Bench during a period when the Nigerian judiciary, including the apex court, faces severe criticisms, resulting in widespread skepticism towards judges among the people.
Today, there is a lack of consensus regarding CJN Ariwoola’s assertion that Nigerian judges, across different levels, serve as representatives of God on earth and understand his expectations. While the CJN could have provided his guidance without invoking religious beliefs, he accurately pointed out the heightened scrutiny that the apex court will face, particularly from Nigerian politicians seeking to manipulate judicial outcomes. The legal community will also closely observe the newly appointed Justices, assessing how their promotion and the completion of the judicial panel at the apex court will impact the administration of justice and advance legal principles.
The main concern regarding the depletion of the apex court was the high number of cases on the docket, leading to over-congestion in the court and causing the Justices, who were already few in number, to be overworked. Justice Musa Dattijo Muhammad highlighted in his emotional farewell speech in October 2023 that the Justices were also underpaid and lacked resources. With the recent addition of 11 judges to the apex court, more cases can now be heard, leading to improved performance and efficiency. However, for this to be successful, the administrative processes at the Supreme Court must also be revamped and modernised.
We congratulate the new Justices on their appointment to a position that carries a sense of authority in their decisions while presiding over cases brought before them for adjudication. However, they must remember that their new role comes with great challenges, responsibilities, and heightened expectations, as the judiciary is often seen as the last resort for the common man.
This has become pertinent in light of the demand for justice by Nigerians, both ordinary citizens and those in positions of power, who feel let down by the decisions coming from the courts on various issues, especially those related to politics. Whether rightly or wrongly, there is a widespread belief that the respected institution of justice has been influenced by corruption; that greed and dishonesty have tarnished what was once a highly esteemed establishment that was respected by all.
Many well-meaning Nigerians have been vocal in their calls for the purification of the corrupt judiciary, especially the Supreme Court. It is widely believed that by ensuring a full complement of judges, a new era of swift justice can be ushered in, ultimately leading to the much-needed purification of the system. The hope is that with a reformed and efficient judiciary, the rule of law will be upheld, and justice will be served timely.
The judiciary in Nigeria is a reflection of the larger society, encompassing both the good and the bad. It must be recognised that Justices are human, with all the inherent flaws that come with being human. However, it is believed that through their training, sense of duty, and the discipline required for their roles, they should be able to rise above any shortcomings and fulfil their responsibilities to the public. It is expected that they will meet the presumptions of the people they serve.
From that perspective, and in view of the burden of duty they must discharge, we feel obligated to further contend that for the Justices to be able to, like the blind-folded lady, dispense justice without fear, favour or ill-will, there is the compelling urgency to make the judiciary a member of the tripod, truly independent, especially from the standpoint of funding. It deserves to get its allocation directly from the federation account devoid of the manipulative influence of any other arm of government. This is required if the nation must do away with the negative perceptions of who pays the piper dictates the tune.
Furthermore, the selection of the Chief Justice of the Federation or Chief Judge of a state should not be at the discretion of a single elected official, whether it be a governor or the President of the country. This tendency for one individual to have complete control over who holds these critical positions, often through manipulation and questionable deals, undermines the idea of a judiciary that is truly independent and able to withstand political pressure. Appointments to these offices should be made based on merit, integrity, and public scrutiny rather than political favouritism.
If judicial officers are diligent in carrying out their duties, they deserve to have comfortable working conditions. This means that they should not have to settle for the meager salaries they currently receive. The nation must ensure that we did not repeat the past where Supreme Court Justices had to protest against the poor working conditions they were subjected to. Corruption can be tempting, but with the right incentives and working environment, we can prevent it from taking hold. Justices need to be provided with better working conditions that do not compromise their rectitude.
Given that the Supreme Court has now been completely constituted, there should be no room for cases to drag on in their dockets. It is anticipated that a fully constituted Supreme Court will have all its courtrooms operational and the newly appointed Justices will enhance our legal system and assist the apex court in realising its maximum potential. Despite these recent appointments, more Justices of the apex court are approaching retirement and any resulting vacancies should be promptly filled without delays. With the court now at full capacity, we are optimistic about the future productivity and efficiency of the Supreme Court.
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