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Resource Control, Derivation Split Confab …As Conference Okays Land Use Act
The twin contentious issues of resource control and derivation principle caused a rowdy session at the plenary of the National Conference yesterday, as delegates were sharply divided on them and only came short of engaging each other in fisticuffs.
The plenary session, therefore, ended without a final decision on critical issues of revenue sharing formula from the Federation Account and derivation principle, although a consensus group had earlier recommended 18 per cent derivation for the South-South, 5 per cent for exploration of minerals across the country and another 5 per cent for reconstruction of North-East Zone ravaged by Boko Haram insurgency.
Although the consensus committee’s recommendation was presented on Wednesday by Prof. Ibrahim Gambari, members of the Consensus Committee derived from the six geo-political zones to find a middle ground to the contentious issue of derivation formula did not, however, reach an agreement on the issues before Gambari’s presentation.
At yesterday’s plenary, the leader of the Northern group on the committee and former Inspector General of Police, Alhaji Ibrahim Coomasie, fired the first salvo when he announced that the committee was yet to reach an agreement on the contentious issues.
A resolution of the committee earlier submitted by Chief Raymond Dokpesi and later read to the delegates by Chief Olu Falae, who represented the South-West on the committee, was greeted with disapproval by some delegates.
Falae said the committee did agree that the principle of derivation shall be constantly reflected in any approved formula as being not less than 18 per cent of the revenue accruing to the Federation Account directly from any natural resources.
He said it was also agreed that not less than 50 per cent of the total derivation fund accruable to a mineral bearing state shall be due and payable to the host communities within the state where the resources are derived in accordance with the production quota contributed by such communities.
Amidst the shout by a number of the delegates, Falae announced that an aspect of the decision was that there shall be established a Solid Mineral Development Fund which is currently 3 per cent but which would be increased to 5 per cent of the revenue accruing to the Federation Account.
He said a National Intervention Fund which would be 5 per cent of annual revenue accruing to the account of the Federal Government for the stabilization, rehabilitation and reconstruction of areas affected by terrorism and insurgency, starting with the North-East, and then any other part of the country affected by the insurgency.
Faced with obvious rowdiness from a cross-section of the delegates who variously disagreed with the presentations by both Coomasie and Falae; and applause from another section that seemed to also variously agree with the two presentations, Conference Chairman, Justice Idris Kutugi decided to adjourn sitting till Monday.
After a brief consultation with the principal officers, he announced that the leadership of the conference would meet with selected delegates referred to as the ‘50 Wise Men’ in a bid to resolve the contentious issues.
Justice Kutigi said in addition, all the chairmen, co-chairmen and deputy chairmen of the 20 committees that handled different assignments for the conference should also attend the meeting.
However, before the adjournment, conference had considered and adopted certain aspects of the report on Devolution of Power, including the recommendation that granting public holidays should be moved from the Exclusive to the Concurrent Legislative List.
In adopting the recommendation through a unanimous decision, conference said this would give states the latitude to declare holidays reflective of the values of their own people.
Conference also accepted the recommendation that management of prison services be retained in the Exclusive Legislative List as specified in the 1999 Constitution. The same was done to fishing and fisheries other than those in rivers, lakes, waterways, ponds and other inland waters within Nigeria.
Also retained in the Exclusive Legislative List are insurance, stamp duties and formation, annulment and dissolution of marriages other than marriages under Islamic Law and Customary Law, including matrimonial causes.
Moved from Concurrent to the Exclusive Legislative List is the first item on the Concurrent Legislative List which deals with allocation of revenue and division of public revenue between states and the federation, between states and states and between states and local governments.
The merger of Items 6, 15, and 24 which all relate to banks, banking, exchange control, bills of exchange, currency, coinage, legal tender and promissory notes, was also approved and adopted for placement in the Exclusive Legislative List.
Other issues left in the Exclusive Legislative List are taxation of income, profits and capital gains; trade and commerce while other aspects of Trade and Commerce particularly, registration of business was moved to the Concurrent List.
The committee also recommended that regulations of political parties be retained in the Exclusive Legislative List as specified in the 1999 Constitution as amended. Pensions, gratuities and other-like benefits payable out of the Consolidated Revenue Fund or any other public funds of the federation are to be split between the Exclusive and Concurrent Legislative Lists.
In one aspect, retirees previously employed by the Federal Government are entitled to payment of their benefits by the Federal Government while state governments shall have exclusive jurisdiction over the pension matters of their own employees and retirees.
The committee also recommended the retention of Traffic of Federal Trunk roads in the Exclusive Legislative List as specified in the 1999 Constitution.
Meanwhile, the controversy surrounding the retention or otherwise of the Land Use Act which raged at the presentation of the report of the National Conference Committee on Land Tenure Matters and National Boundary has finally been nipped in the bud as the conference has voted for its retention in the Constitution.
While voting for its retention, the conference resolved that however, certain amendments would be carried out in certain sections of the Act.
The conference noted that one of such amendments would enable land owners to determine the price and value of their land while allowing government to negotiate with land owners and not compensate them.
The whole argument for the retention of the Act in the 1999 Constitution was based on the belief that allowing the Act to go would give chance for oligarchs to take over lands which the Land Use Act has democratized with the government as the intervening body.
Supporters of this school of thought had argued that since land is not a renewable commodity, it must not be left at the mercy of land speculators; and that removing it from the Constitution would be discriminatory and unjust to the poor.
It was their position that removing the Act from the Constitution would create dichotomy; describing the suggestion as a grand design for the rich to buy land at cheap prices, a situation they said would lead to crisis that cannot be managed.
However, the others argued that the Land Use Act should remain a law but must be removed from the Constitution to make it easy for amendment.
They argued that at present, amending the Act through the Constitution has become too cumbersome and that in other countries, land tenure is universal while governments nearest to the communities serve land tenure better.
They complained that governments have taken peoples’ land and have refused to pay compensation; and that since the promulgation of the Act, access to land has remained a major problem, thus hindering economic development.
It was also stated that the power of compulsory acquisition vested on state governors has been, in most cases, used arbitrarily without the payment of adequate compensation to land owners.
The committee noted that both sides of the argument were convincing; unfortunately none of them agreed with the other and no side agreed to back down.
Thus, in its decision which was accepted by the conference, it was stated that the Act would be retained in the Constitution while certain amendments would be carried out in certain sections of the Act.
It was also resolved that the customary right of occupancy in Section 21 of the Act be amended to read “Customary Right of Occupancy should have the same status as statutory Right of Occupancy, and should also be extended to urban land”.
It was further agreed that Section 7 of the Act which deals with the restriction on rights of persons under the age of 21 to be granted statutory right of occupancy should be amended to read “restriction of persons under the age of 18”. This, it was argued, is because the Child Rights Act stipulates that a person attains adulthood at the age of 18.
With the decision on the issue of the Land Use Act, the report of the Committee on Land Tenure Matters and National Boundary was formally adopted, as amended.
Meanwhile, the South-West delegates at the National Conference have denounced the report of the Consensus Group, presented by Prof. Ibrahim Gambari on resolving the impasse on derivation principle last Wednesday in Abuja.
The Consensus Group made up of leaders from the six geo-political zones had proposed 18 per cent derivation to the oil-bearing states, five per cent first line charge for the development of mineral resources and another five per cent National Intervention Fund in Boko Haram devastated areas in the North East, as well as other areas affected in North Central and North West.
The Yoruba delegates, arising from a caucus meeting, rejected the report, stating that the report gave a wrong impression of what the intervention fund was set to achieve.
They argued that the fund is aimed to serve the collective interest of the country and not a sectional interest as presented by Pro. Gambari.
According to Secretary, South-West Delegation to the 2014 National Conference, Dr. Kunle Olajide, South-West delegates view Gambari’s projected amount as a depletion of the federation account through nebulous funds to promote insurgency in the country.
They also argued that the position is aimed at legalising the impoverishment of non-oil bearing states in South-West, South-East and South-South, as these states, neither benefit from derivation nor the so-called intervention fund.
Justus Awaji, Abuja
Rivers State House of Assembly Deputy Whip, Hon Irene Inimgba (left) moving a motion to support the Deputy Leader of the House to adjourn the sitting last Monday. Photo: Chris Monynanaga
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DEPLOY YOUR CAPACITY, TECHNICAL KNOWHOW TO REVITALISE SONGHAI FARMS, FUBARA TELLS TASK FORCE
Rivers State Governor, Sir Siminalayi Fubara, has said that diversifying the economy of the State has become inevitable because of the need to solve the problem of food shortages while also providing jobs for the teeming unemployed youths.
These, he said, are the reasons why great care has been taken to critically look at the prospects of revitalising the Songhai Integrated Farms, which is located in Bunu Tai, in Tai Local Government Area of the State.
Governor Fubara insisted that if the problem associated with food shortages is tackled with good intent and purpose, about 40 to 50 percent of current problems of economic hardship plaguing the country and its people would have been solved.
Governor Fubara made the assertion while inaugurating the Chairman, Mr Biedima Oliver, and members of the task force saddled with the responsibility of supervising the revitalization of Songhai Integrated Farms by its partners: Vitalcrop Ventures Limited and Imagine Adama Limited, at Government House in Port Harcourt, yesterday.
Other members of the task force included, the Rivers State Commissioner for Agriculture, Engr Victor Kii; Commissioner for Finance, Barrister Emmanuel Frank-Fubara; Dr Ayebaesin Beredugo; and Mr Maurice Ogolo.
The Governor explained that it took him time to approve the constitution of the task force being inaugurated because of the ugly experience with the previous group that shown such interest.
Governor Fubara stated that a process was initiated and driven halfway into the handing over of Songhai Farms on concession to an interested partner who latter showed a total lack of the needed capacity to undertake such task.
He said, “As a matter of fact, if few of you could remember, we even conceded the place to an investor who came in after he had made his presentation, and we, believing that he has the capacity, we said okay to him, and we had already signed up.
“But something happened. He came back to tell us that he wanted us to give him a N5billion bank guarantee. We then asked him, why? If we have the N5billion, why do we need you to come and even revitalize Songhai Farms? We would have put that N5billion there ourselves. For that reason, we cancelled that arrangement.”
Governor Fubara said now that two separate companies have come together to indicate interest and given the assurance of having the needed capacity to drive the process, he is delighted to see them meeting that expectation.
Governor Fubara pointed to the expectation of the people who want to see the Songhai Farms back on stream on a sustainable basis.
That expectation, he insisted, is also what his administration wants to see actualised within its lifespan.
He noted, “We want to see food sufficiency, because we know when Songhai Farms comes on board, there will be food, which is one of the problems we are having in this country. If we are able to tackle the issue of food, 40 to 50 percent of our problem will be solved.”
Governor Fubara also stated that although he believes in the presentation made by the group and has taken their assurance to heart, but warned that he would not tolerate a repeat of what happened before.
The Governor said, “I hope your story will not be (end) halfway too. I hope you have the capacity and all the technical knowhow to handle it. It is not when we start now, after we had finished inaugurating the task force, you will come back to tell us that you need $2million. If we have $2million, we won’t need you. We will invest it by ourselves.”
Governor Fubara, however, praised the capacity of the Chairman of the task force, Biedima Oliver, saying that incidentally, he was one of the personnel that convinced the then administration to develop the Songhai Farms, and had worked with the Rivers State Sustainable Development Agency (RSSDA) to manage the project.
He said, “He knows and understands the workings of Songhai, and now that we are making you the chairman of the task force, we want to believe that you will make that place come back to life.
“I don’t have any doubt in your capacity. A few things you’ve touched, you turned them to gold. Please, bring it back to what we used to see in Songhai. Bring it back with the help of your committee.”
Governor Fubara assured that his administration will remain committed to providing all the necessary support that they may require to make their assignment a success.
He added, “So, I hereby inaugurate you. Your task is very simple: Do everything within your powers and with our support to make sure that Songhai becomes operational to the benefit, not just the people of Tai, but to the entire Rivers State and Nigeria as a whole”.
In his acceptance speech, the Chairman of the Task Force to Supervise the Revitalization of Songhai Farms with Vitalcrop Ventures Limited and Imagine Adama Limited, Mr. Biedima Oliver, expressed appreciation to Governor Fubara for the opportunity and confidence reposed in them to revive Songhai Farms.
Mr. Oliver assured that they will deliver the expected goal on Songhai Farms, and doing so on time and on target so that the good people of Rivers State can eventually be happy and also benefit from the huge investment.
Rivers State Governor, Sir Siminalayi Fubara, has declared that all the policies and programmes of his administration are tailored towards the protection of interest of Rivers people, especially the youths.
This, he said, is borne out of the importance his administration attaches to youths’ development and empowerment as leaders of tomorrow.
Fubara, according to a statement by his Chief Press Secretary, Nelson Chukwudi, disclosed this when he received the youths of Emohua Local Government Area under the auspices of “Emohua Youths For SIM” on solidarity visit to Government House, Port Harcourt, last Friday.
He said that his administration has put in place modalities that will boost the livelihoods and well-being of Rivers citizens, which youths of Emohua will also benefit when they materialise.
The governor, who spoke through the Rivers State Head of Service, Dr. George Nwaeke, pointed out that the recently awarded Elele-Omudiaga-Egbeda-Ubimini-Ikiri-Omoku Road, the ongoing Emohua-Kalabari Road, reinstatement of illegally sacked workers of Emohua Local Government Area and the approval for electrification of the area, are part of deliberate measures to open up the area to make life conducive and more meaningful for the people.
According to him, “Everything about the governor is putting the interest of Rivers State first. He is looking at and taking action on those things that we need to do to restart the wheels of progress in Rivers State.
“There are many things the governor has planned and is already doing that will boost the life and welfare of every citizen of Rivers State, but most importantly the youths.
“Growing up, I learnt that Egbeda is one of the biggest communities in the whole of Ikwerre, and it’s predominantly an agrarian community. They have food in Egbeda, they have food in Ubimini, they have food in Omudiaga and other natural resources. The whole world is tilting to agriculture, and this is the way to go.
“The Elele-Umudioga-Egbeda-Ubimini-Omoku road, when completed, will open up the area for real development. Your food and everything you produce there will now have value, they will no longer be thrown away. In all these, you the youths are going to be the utmost beneficiaries.”
He added, “Same will be applicable to the Emohua-Kalabari Road which will also, trigger development in the area, and you will be the greatest beneficiaries. When the LGA is also electrified, you will be having 24 or 20 hours of electricity, and those things the youths can do with electricity, you can stay at home and create wealth for yourself and children.
“All the totality of what the governor is doing, when they are completed, or even as some are completed now, the youths are going to be utmost beneficiaries.”
While acknowledging that youths are the true leaders of tomorrow and any government that fails to carry them along in the scheme of things is doomed to fail, the governor assured them of his administration’s commitment to always address issues concerning youths and ensure that they are part of his government.
He commended the youths for toeing the path of truth by identifying with his administration, urging them to sustain the tempo and shun evil, as his government will ensure that the trend whereby politicians turn youths to beggars are over.
He said, “Youths are, indeed, the leaders of tomorrow. The time of youth is a very important time. It a time that your parents or whoever is your leader at that time have to make the greatest investment in you. And any Government that decides to only carry the elderly, chiefs aling and abandon the youths is bound to fail,” he asserted.
“But I am happy that Governor Fubara has concentrated his energy on everything that will benefit the society, especially the youths.
“And based on these, I want to thank you for recognising what is good and calling it good, for shunning what is evil, for saying the Governor is standing for you.
“Let me tell you, you are on the right direction. Let me tell you again, Rivers State is the bride of Nigeria. The whole Nigeria is looking at what will happen here. As they look here and see you standing on the path of truth, this is a very important step that you have taken to right all the wrongs of the past, to make Rivers State stand on the tripod of justice, peace and security. That is what we are going to gain through the governor, taking all the wise actions that he has already initiated.
“The projects the governor is embarking on are meant to prepare nets for the youths to fish and put food on their table, hence you should continue to follow him.
“The SIMplified Movement brought upon by the governor will ensure that Rivers youths stop the habit of going to bow down before politicians, pledging loyalty before they can eat.”
Earlier, spokesman for the Emohua Youths for SIM, Comrade Ovamale O. Ovamale, had said that the visit by youths from the 14 political wards in Emohua Local Government Area was to thank the governor for the award of the Elele-Omudiaga-Egbeda-Ubimini-Ikiri-Omoku road, the approval for electrification of the area and reinstatement of sacked workers of Emohua Local Government Council, of which the youths were mostly affected.
According to him, “Siminalayi Fubara of recent has given Emohua Local Government road that links Elele to Omoku, which comprises over four communities in the local government.”
“Emohua Local Government has also been in darkness for eight years. No community in the local government that has light. But, of recent, because of the passion and love the governor has for the people of Emohua, he has approved the electrification of the local government.
“Also, the illegal sack of Emohua Local Government workers, for which the youths were mostly affected and without the approval of the Local Government Service Commission, the governor, in his compassionate nature, has reinstated them, and that is why we said we must come and thank His Excellency”, he said.
Rivers State Governor, Sir Siminalayi Fubara, has assured that his administration will collaborate and continue to consult widely in delivering a liberated State experiencing enduring peace.
Fubara said, in doing so, he would not operate as a dictator but as a member of a team that has the best interest of the State at heart and determined to leave a lasting legacy that can be celebrated.
The governor spoke during the formal presentation of Certificate of Recognition and Staff of Office to the Amanyanabo of Okochiri Kingdom, King Ateke Michael Tom, as first class tradition ruler, at Government House in Port Harcourt, yesterday.
Fubara stated that, during the Sixth State Executive Council meeting, N80.8billion was approved with 50 percent contract value paid already as the Government awarded the construction of the Elele-Egbeda-Omoku Road.
He said the project will be funded from the savings from Internally Generated Revenue (IGR) to underscore his administration’s prudence without also borrowing to complete the project.
“We are at a crossroad in our State where we all need to stand for what is right. It happens once in a life time. So, for now, be one of those people that will be in the course to liberate and free our dear State.
“And I know strongly that having the support of a peace-loving Amanyanabo of Okochiri Kingdom, having the support of the wonderful Council of Chiefs, having the support of the great people of Rivers State, we will bring peace in our State. We will do those things that are right to develop our State.
“We will continue to consult. We will not act as dictators. We will act as people who know that one day, we will leave, and when we leave, the way we have acted will speak for us. We will not force people to talk good about us. Our legacy will be a signature for how we led”, the governor said.
Fubara explained that he acted within the ambit of the law to upgrade the traditional stool upon which King Ateke Tom sits in recognition of his efforts in promoting peace in Okrika, and indeed, the State, and urged him to continue to do justice to everyone.
In his speech, Commissioner for Chieftaincy and Community Affairs, Hon Charles Amadi, congratulated King Ateke Tom for being formally presented with the Certificate of Recognition and Staff of Office as first class traditional ruler.
Also speaking, former Transport Minister, Chief Abiye Sekibo, thanked the governor for fulfilling his promise of upgrading the traditional stool of Okochiri Kingdom, and pledged the support of Kirike Se people to his administration.