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Legitimacy or Sovereignty – The Niger Delta

“…to build a nation where peace, and justice shall reign.”“…Help us to build a nation Where no man is oppressed,…” – Words from Arise, O Compatriots (Nigeria’s Anthem, 1978-date) and Nigeria, We Hail Thee (Nigeria’s Anthem, 1960-1978) respectively. As promised, here’s my sequel to the post on Legitimacy or Sovereignty. In this case, we discuss […]

Sheet R-037
Author TS
Date 2015-01-13
Rev —

“…to build a nation where peace, and justice shall reign.”

“…Help us to build a nation

Where no man is oppressed,…” – Words from Arise, O Compatriots (Nigeria’s Anthem, 1978-date) and Nigeria, We Hail Thee (Nigeria’s Anthem, 1960-1978) respectively.

As promised, here’s my sequel to the post on Legitimacy or Sovereignty. In this case, we discuss Legitimacy or Sovereignty using the Niger Delta as a case study.

The Colonial Era

Territories known today as the Niger Delta were first called the Oil Rivers Protectorate (1884-1893), then expanded into the Niger Coast Protectorate (1893-1900). The Niger Delta, like most coastal areas, had early interactions with foreign powers: the Portuguese and other Europeans during the Slave and Oil Palm trade. This meant early adoption of colonial culture, evident today in names and traditional attires.

Relationship between the Niger Delta natives and the Portuguese/British Empire was built on trade. Traditional kingdoms such as Bonny, Opobo et al were means by which the colonialists exerted authority directly. However, absorption of the Niger Coast Protectorate and Lagos Colony, creating the Southern Nigeria Protectorate (1900-1914), reduced the access these traditional rulers had to the colonialists. So for years, they asked for re-establishment of direct governance.

When the unified Nigeria was split into three administrative regions, this clamour was resurrected. A prominent figure was Harold Dappa Biriye. He was a politician who joined the National Council of Nigerian and the Camerouns (NCNC) led by Nnamdi Azikiwe in 1941. He also joined the Action Group (AG) led by Obafemi Awolowo, looking for support for his cause: fairness, justice and self-determination for the ethnic minorities in the Eastern Region. After sometime spent in both parties, he left to start his own party: Niger Delta Congress (NDC). It is recorded that he was dissatisfied with policies of both the NCNC and AG. He allied the NDC with the Northern Peoples Congress (NPC). He became prominent after his attendance as a member of the Eastern Region delegation in the pre-independence constitutional conference of 1957/’58. The conference held in Lancaster House, London as well as Lagos. The Willink’s Minority Commission was to address Harold Dappa Biriye’s.

Today, the Niger Delta Development Commission (NDDC) headquarters is named after him, Harold Dappa Biriye House.

Post-Colonial Era: Oil Curse?

Pre-Civil War

After Independence, the recommendations of the Willink’s Minority Commission were not put into effect. One State/Region was created in 1963, the Mid-Western Region.

In 1966, the first organised violent rebellion was led by Isaac Adaka Boro. He led the Niger Delta Volunteer Force (NDVF). After the January 1966 coup, he and the NDVF declared the Niger Delta Republic in February 1966. Of course the FG quelled the NDVF’s rebellion, in just twelve (12) days. Boro was imprisoned for treason.

Boro believed that the main benefactors of the new Oil & Gas industry were the Federal Government and Eastern Region’s Government. He also believed that the remoteness of both governments, deprived the indigent people of the benefits of the resources under their soil. He was right. Derivation had dropped to about 10% (1968) from 50% (1958). The Federal Government gulped 80% of the resources while the State/Region got 20%, creating an all-too-powerful FG.

Civil War

As the Civil War was brewing, the Gowon-led FG sought to reduce the influence of the Ojukwu-led Eastern Region (Biafra). He then conveniently remembered the Willink’s Minority Commission recommendations. Nigeria’s FG had learnt well from the Divide and Rule handbook of the British. So in May 1967, Rivers State and South-Eastern State came to be. Finally, government closer to home. Adaka Boro was released and enlisted as a Major in the Nigerian Army. Problem Solved? Far from it.

The FG’s move was effective though. Minorities of the Niger Delta were caught in limbo, like a choice bride being sought by both Nigeria and Biafra. There was no time to waste though, July 1967 brought the Civil War. A good part of it was fought in the Niger Delta. With both the Nigerian and Biafran troops distrustful of the Niger Delta. This resulted in the killing of many minorities by both sides during the Civil War.

Isaac Adaka Boro fought on the side of the Nigerian Army and died in 1968 under unknown circumstances. Today, there are two parks in Rivers & Bayelsa States named after him.

Post Civil War

New State Governments After the Civil War, it was up to the new State Governments to build legitimacy for the Nigerian State. Rivers State was blessed with HRH Alfred Diete-Spiff, touted to this day as the best Rivers State governor so far. There were things beyond his control though: the Oil Industry for instance.

Oil Industry’s Role Nigeria’s Oil Industry growth was quick and unregulated. The FG didn’t know much about Oil Industry Standards of Practice and the Multi-national Companies benefited from the ignorance as regulation was either non-existent or lax. Oil was simply a way to guarantee easy money for the FG.

For those interested: Oil pollution can occur at three main points – extraction, transportation, and waste (gas flaring, by-products etc.). Oil pipelines are susceptible to corrosion. This means that appraisals of pipelines ought to be done frequently. Service life of oil pipes are estimated to be between 15-25 years, ultimate life about 30-40years. From 15 years upwards, frequent assessment or/and improvement of pipelines become necessary; at 30-40years, pipeline replacement is advised. Around 1976, Nigeria’s Oil Industry was about 20 years old. To increase the stake of the FG in Oil Revenue, Nigeria’s Land Use Act (1978) was decreed to make the FG owner of all minerals beneath the soil surface. Also, the FG required the Nationalisation of Multi-National Oil Companies by “investing” or “decreeing” equity stake (20 – 60%) in these companies. The Nigerian National Petroleum Commission (NNPC) was the company set up by the FG. So Royal Dutch Shell became Shell Nigeria, Chevron became Chevron Nigeria and so on.

I have seen no record of monetary investment by the FGN in any of the now nationalised Multi-Nationals. These are what I believe to be the FG’s “in kind” contribution:

  • Legislation: The Land Use Act (1978) meant the FG now had legal hold on communal land, or at least what was underneath.

  • Security: FG provided security using the Armed Forces, effectively militarising the Niger Delta.

  • Lax Regulation: The FG would not hold the Oil Companies to the Industry Standards.

The results of these were:

  • Increased Revenue: FG got more money. Remember this quote from Herbert Macaulay?

“The dimensions of “the true interests of the natives at heart” are algebraically equal to the length, breadth and depth of the whiteman’s pocket.”

All that needs to be changed there is “whiteman” for “FG”. This has been a recurring perception among militant leaders.

  • Lack of Accountability: Oil companies were not held accountable by the FG.

By the 1980s, oil pipelines had begun to spill. Industrial Oil Waste also began to accrue in the Niger Delta. The sources of livelihood of the people of rural Niger Delta (farming/ fishing) was either destroyed or threatened. In comes Ken Saro-Wiwa.

Environmental Degradation Ken Saro-Wiwa, unlike Isaac Boro, did not declare war with the Nigerian State. He however used the pen to bring National/International attention to the environmental degradation in Ogoni. This made him an enemy of the benefactors of the status quo: the FG and Multi-national Oil Giant, Shell. However, it made him somewhat of a hero with the Ogoni people.

He believed that government was corrupt and many traditional rulers did not speak up because they were benefactors of a patronage system. He was president of Movement Of Survival of Ogoni People (MOSOP). The information on the court proceedings are open.

To this day, the FGN has not held any Oil companies accountable. All court cases for Ogoni have been in courts outside Nigeria. The FGN cannot effectively be both regulator and participant. Hard choices have to be made if the FG seeks to build legitimacy with the people of the Niger Delta. Choices which will reduce revenue generated, but will be in the people’s best interest.

Hardcore Militancy Late 1980s and 1990s saw a build up of ethnic crisis amongst the minorities of the Niger Delta. Such squabbles had existed from pre-colonial years, but took a new dimension. These fights occurred even within sub-groups of the Ijaw ethnic nation.

Democratic politics and Confraternities in the Niger Delta also played roles with their leaders being at the fore-front. A lot of confraternities were used as enforcers for election rigging in the 1999 and 2003 elections. Egbesu (Ijaw god of Warfare) boys and other militant groups emerged.

A number of these militants were headed by leaders who ran enterprises (oil theft, drugs, arms etc) termed “criminal” by Nigerian law. They however believed that their actions, at least on oil theft, were justified by the criminality of Nigerian law itself.

What you had at the end was a mix of: activist professionals (followers of Ken Saro-Wiwa[?]), princes of traditional rulers (Tompolo), known cult-leaders/members (Ateke Tom, Soboma George).

The Federal Government amnesty programme of 2009 in typical fashion, sought to deal with militancy by a Patronage System (…brothers left our nexus, for pieces of golden alms…) Yes, it worked in the interim quelling present uprisings, but did not seek to remove the conditions that led to such uprisings in the first place.

What violent militancy did, was in effect create a get-outta-jail-free card which Oil Companies like Shell have attempted to use to absolve themselves of complicity in the damage of the Niger Delta.

I have read that one kingdom, Gbaramatu, believes more in an ex-militant leader, Tompolo, than in the FG. Being that he plays the role of government there.

Thoughts

Ken Saro-Wiwa said this of the Ogoni “the world to them did not extend beyond the next three or four villages, if you then think that within the space of seventy years they were struck by the combined forces of modernity, colonialism, the money economy, indigenous colonialism and then the Nigerian Civil War, and that they had to adjust to these forces without adequate preparation or direction, you will appreciate the bafflement of the Ogoni people and the subsequent confusion engendered in the society.” I think if you remove the first clause, most of what he said can be true of most of rural Niger Delta.

A people surrounded by water but unable to drink from it. A people with some of the most polluted air, but they have to breathe. A people lacking in true leaders, much like the rest of Nigeria but worse off than others blessed like them.

My worst fear for the Niger Delta is a breakdown of present society into feudal units led by bickering regional warlords. Each with ambitions of conquests.

In the Niger Delta, the Nigerian FG has carried out state-sanctioned massacres, covertly and overtly. What this has done, is create a people in stifled opposition to the State. A state they fear, but do not trust and can hardly swear allegiance to.

One thing is sure, Nigeria in 54years has not built a nation where no man is (feels) oppressed or peace and justice reign. Can we change and do what we declare in our National Anthems?

Sources/Further Reading

Personality profiles of different individuals mentioned here can be obtained on Wikipedia. A myriad of related information is also obtainable there.

Open to engagements here and on Twitter via @ATamsSokari