Editorial
Chinese Loan: Need For Caution
The Minister of Transportation, Mr Chibuike Rotimi Amaechi, is expected to appear before the
House of Representatives Committee on Treaties on Monday, August 17, 2020, to provide detailed answers on the $500 million loan to be sourced from the Export-Import Bank of China for railway lines in the country among others. To appear alongside the Minister are his Communications and Finance counterparts, Dr Ali Isa Pantami and Mrs Zainab Ahmed respectively, including the Director-General of the Debt Management Office (DMO), Ms Patience Oniha.
Issuing the invitation order on Tuesday, July 28, 2020, the House Committee on Treaties under the Chairmanship of Rep. Nicholas Ossai raised the alarm over alleged waiver of Nigeria’s Sovereignty in the Federal Government’s concessions loan agreement on Nigeria National Information and Communications Technology Infrastructure Backbone Phase II project between the government of Nigeria, represented by the Federal Ministry of Finance (borrower) and the Export – Import Bank of China (lender) dated September 5, 2018.
The Committee specifically cited Article 8 (1) of the agreement which states that “the borrower hereby irrevocably waives any immunity on the ground of sovereign or otherwise for itself or its property in connection with any arbitration proceeding pursuant to Article 8 (5), thereof with the enforcement of any arbitral award pursuant thereto, except for the military assets and diplomatic assets”.
As the nation waits to get clarification on the issues from the federal authorities under legislative scrutiny, not a few strategic stakeholders and other well-meaning groups and individuals have volunteered critical opinions and informed views on the matter.
The main opposition political party in the country, the Peoples Democratic Party (PDP), has berated the Federal Government and the ruling All Progressives Congress (APC) for the development, describing it as offensive and a “reprehensible pawning of our sovereignty to a foreign interest”, adding that “the gambling with our sovereignty amounts to unpardonable treachery against our nation and the future of our generations yet unborn”.
While expressing the view that such stringent conditions in a contractual agreement indicated a loss of confidence on the President Muhammadu Buhari-led administration by the international community, the PDP insisted that the nation cannot afford to cede our sovereignty or mortgage any part of the country under any guise as condition for accessing any loan.
The Socio-Economic Rights and Accountability Project (SERAP) took its reaction a notch further by instituting a legal action in suit number FHC/ABJ/CS/785/2020, seeking “an order of mandamus to direct and compel President Muhammadu Buhari to tell Nigerians the names of countries and bodies that have given the loans, specific repayment conditions, and whether any public officers solicited and/or received bribes in the negotiations for any of the loans and if there is plan to audit the spending of the loans, to resolve any allegations of mismanagement and corruption”.
While SERAP acknowledged that access to loans could provide badly needed resources, the body expressed worry that “the massive and growing national debts have continued to have negative impacts on socio-economic development and on Nigerians’ access to public goods and services, including quality education, adequate healthcare, clean water, and regular electricity supply”.
Accordingly, the view has been expressed in many quarters that Nigerians have, over time, lost confidence in government when it comes to international agreements as exemplified in the on-going case between Nigeria and Process and Industrial Development (P&ID) in which the sum of $9.6 billion is still pending against the country due to an agreement signed by government officials.
According to Dr Reuben Abati, a veteran journalist and former Chief Press Secretary to former President Goodluck Jonathan, “in the case of China, the aforementioned Article 8 (1) refers to such words as “arbitration”, “property”, “enforcement of arbitral award”. These are the same key words in the P&ID case”.
He pointed out that “China helped Sri Lanka to build the port of Hambantota. Both countries signed an agreement similar to the one Nigeria signed with the Export-Import Bank of China. Today, China runs that port with Chinese personnel. “In Djibouti, the Chinese are in charge of the ports too, just because Djibouti borrowed money it could not pay back.
“In Zambia, for similar reasons, China is now controlling the Zambia National Broadcasting Corporation. China is also planning to take over the Zambia National Electricity Corporation. “There have been issues as well with China’s relations with Kenya, Democratic Republic of Congo and other African countries”.
While The Tide acknowledges the huge deficit in critical infrastructure in the country, the lack of desperately needed resources to address the situation and the acquisition of loans from willing creditors as a veritable source of finance, concession agreements with clauses that could further encumber our already distressed economy and put the socio-economic wellbeing of present and future generations of Nigerians in jeopardy should be outrightly rejected.
This is why we agree with well-meaning Nigerians that the explanations by the Federal Government through the Attorney General of the Federation and the Minister of Transportation that Nigeria’s existence as an independent nation with full authority of self-determination is not at risk in the country’s loan agreement with China gives very little comfort, consolation and confidence.
The Tide insists that the China loan agreement, and indeed every other loan agreement entered into on behalf of the Nigerian people by the Federal Government and other international bodies, should be critically reviewed with a view to identifying and expunging clauses and articles that could hurt the country, even as we urge the central administration to ensure that only competent and patriotic hands are engaged to sign international agreements on behalf of the country.
Editorial
That Oshiomhole’s Call On FG’s Road Projects
There are moments in the life of a legislature when plain speaking becomes a public service. Senator Adams Oshiomhole provided such a moment on the floor of the Senate when he accused the Minister of Works, Senator David Umahi, of manifestly neglecting critical federal arteries in Edo and Delta States, and implored his colleagues to prevail on the Minister to adopt a more equitable and genuinely national approach to road infrastructure delivery. It was blunt, it was uncomfortable, and it was necessary.
The specifics of his complaint deserve restating. Drawing attention to the recent approval of some 20 new road projects despite the parlous state of existing ones, the former Edo State governor lamented that Nigerians cannot travel from Benin to Warri, Benin to Asaba, Benin to Auchi, or Auchi to Okene without encountering severe distress. He alleged a deliberate omission of these corridors from the national budget in the last three years, save for palliative interventions directed by President Bola Tinubu through tax credit arrangements. His question — “What have we done wrong?” — resonates far beyond the chambers of the National Assembly.
We lend our full and unequivocal support to that call. The Auchi-Benin Road, for instance, has been in a deplorable and near-impassable condition for several years, turning what should be a two-hour journey into an all-day ordeal of broken axles, extortionate fares, and despondent commuters. The media have, on multiple occasions, chronicled the suffering of motorists, traders, and students who ply that route. To describe it as a federal road today is to stretch the meaning of the term beyond recognition.
This pattern of sidelining is not confined to Edo or Delta. Even here in Rivers State, the disposition of the Federal Ministry of Works has left much to be desired, particularly along the Eleme axis of the East-West Road. That road, which ought to be a flagship of federal presence in the Niger Delta, has remained in a wretched state for long. Those who use it daily — workers at the Eleme Petrochemical Complex, the two refineries, Onne Port, and the countless ancillary industries — can attest to its deterioration. Work has proceeded in fits and starts without the sustained urgency such a strategic road demands.
The Eleme stretch is not a mere intra-state byway. It is the gateway to the nation’s economic jugular. According to the Federal Ministry of Works and Housing’s 2023 Highway Condition Survey, only about 35 per cent of the country’s 36,000 kilometres of federal roads are rated as being in good or fair condition, with the remainder classified as poor or very poor. The East-West Road, conceived in the 1970s to bind the entire Niger Delta, remains unfinished in critical sections more than four decades after. If it had been treated as a priority, the perennial gridlock, carnage, and economic loss on the Eleme-Refinery junction would have long been consigned to history.
The irony is as painful as it is glaring. The Niger Delta remains the goose that lays the golden eggs. Data from the Nigeria Extractive Industries Transparency Initiative [NEITI 2023 Oil and Gas Audit] show that the region still accounts for over 78 per cent of Nigeria’s federally collected export earnings and about 65 per cent of total government revenue. The National Bureau of Statistics [NBS Foreign Trade Report Q4 2024] similarly confirms that crude oil continues to dominate export receipts. By every metric of equity and economic logic, a region that sustains the national purse deserves first-rate consideration in the allocation of infrastructure, not afterthoughts and tokenism.
Road infrastructure is not largesse to be dispensed by favour; it is the skeleton upon which commerce, cohesion, and citizenship hang. When contracts are concentrated in one geopolitical zone while other zones are left to contend with craters, it erodes trust in the federation itself. The World Bank’s Nigeria Development Update [June 2023] estimated that poor transport connectivity inflates the cost of moving goods by up to 40 per cent and costs the Nigerian economy an estimated $1.5 billion annually in lost man-hours and vehicle maintenance. If we profess to be one country, then equity must be the compass that guides key institutions before any project is executed. Development must spread round, not pool in one place as though other regions do not matter.
There is also a grave security dimension that can no longer be ignored. The deplorable condition of federal roads has become a veritable enabler of criminality. The NBS Crime Experience and Security Perception Survey reported over 2.5 million incidents of kidnapping-related occurrences nationally, with transport workers identifying bad road spots as prime ambush points. When vehicles are forced to crawl at 10 kilometres per hour through failed sections at Auchi, Sapele Road, or Eleme, they become sitting ducks for armed gangs. Fixing bad roads, therefore, is not merely about convenience; it is about safeguarding lives.
By his intervention, Senator Oshiomhole has hit the nail on the head and reminded Minister Umahi of a fundamental constitutional truth: public office is held in trust. The Ministry of Works is not a personal estate where contracts are awarded according to whim or political convenience. It is a national institution funded by the collective resources of Nigerians, including the oil and gas rents from the very communities whose roads are now neglected. The Minister must demonstrate balance, transparency, and a pan-Nigerian outlook in the distribution of projects that impact the daily existence of citizens. Selective neglect breeds suspicion, and suspicion is corrosive at a time when the nation is preaching unity, oneness, equity, and justice.
Consequently, the National Assembly must go beyond rhetoric and assert its oversight powers with vigour. Sections 88 and 89 of the 1999 Constitution [as amended] empower the legislature to investigate and expose any maladministration in the execution of federal projects. If an office holder is not acting rightly, it is the duty of the Senate and the House of Representatives to call him to order. Oversight must not be reduced to budget approval ceremonies; it must translate to field verification, public hearings, and insistence that the Federal Character principle, as enshrined in Section 14(3) of the Constitution, reflects in road awards.
Let the Auchi-Okene, Benin-Warri, Benin-Asaba, and Eleme East-West gangways be restored to motorable dignity. Let priority be given to completing existing, economically vital roads before embarking on new ones. If those who, through their resources, sustain the federation are sidelined in the distribution of tangible dividends, it tells poorly of our nationhood. Bad roads must be fixed, and they must be fixed now, with fairness as the guiding standard.
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