Victor EzejaFormer President Olusegun Obasanjo has stated that crude oil and other mineral resources in Nigeria legally belongs to the Federal Government not to any region or state where such is located.
Obasanjo stated this in an open letter on Tuesday December 28, 2021, to respond to an accusation of hatred against Niger Delta region made by the leader of Pan Niger Delta Forum (PANDEF), Chief Edwin Clark recently.
Clark who is also the chairman, board of trustees, Ijaw National Congress had in his letter to Obasanjo titled, “My Disappointment over your Unprovoked Outburst against the People of the Niger Delta Region”, said the way the ex-president spoke concerning control of mineral resources is a reflection of his hatred for people of the oil-producing states in Nigeria, asserting that they would continue to Dena for what is their right.
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Clark had referred to Obasanjo’s argument at a forum convened by the Global Peace Foundation in Abuja on Monday December 20, 2021 that resources are placed in the soil by God, therefore, free for all to explore, not only people that lay claim to the land, saying such idea is definitely an invitation for “chaos and anarchy as anybody in any part of the world can enter into any land including Your Excellency’s Ota Farm, to undertake any activity that they desire to do.”
“Natural resources found in regions, were controlled by the people of the regions in the country as enunciated in Section 140 of the 1960 Constitution. As a former Military Head of State of Nigeria, 1976-1979, and later a democratically elected President of the country, 1999-2007, I am certain Your Excellency knows that the principle of derivation has always been top on the agenda of our national discourse, before and after the country’s Independence. In fact, the principle was very much entrenched in the 1960 Independence Constitution and the 1963 Republican Constitutions; the principle was very well received and implemented by the nation’s founding fathers,” Clark had said.
Obasanjo, however, in a six-page letter countered Clark saying that his comments on the issue were misconstrued, and noted that his argument about control of resources was based on provisions in the country’s constitution which according to him gives exclusive right of ownership of mineral resources to only the Federal Government not to any region where such is found, while a percent of proceeds (derivation) is given to the host states as compensation.
He argued that such does not mean that the oil-producing states own the resources.
Clark had also accused Obasanjo of not speaking against illegal mining of mineral resources in some states like Zamfara. But the ex-president said he did not support any region in particular insisting that just as the Niger Delta’s oil belongs to the Nigerian federation, the mineral resources found in other parts also belonged to the nation.
Part of the Obasanjo’s letter titled, “My response to the open letter by Clark”, said “For me personally, I have never shown any anger or distraught with Nigeria nor with any part or region of Nigeria. I will rather pick points on leadership or policies and I will continue to do so.
“But if you take my holding a constitutional position on federalism and reiterating the position of our past constitution – 1963 Constitution as I understand it as anger or grievance against the Niger Delta or Nigeria Delta people that will be a very wrong position to take because until I can be legally and constitutional persuaded, otherwise I will continue to hold my ground. And it is not a matter of emotion or threat or name-calling which do not throw light on the issue or walkout which does not strengthen any argument or debate.
“Let me proceed with the most basic constitutional fact that you cannot have two sovereign entities within a State which is what your position of Niger Delta ownership claim of the crude oil found in that location amounts to.
“All those who purchase crude oil from Nigeria enter into contractual relationship with Nigeria not the Niger Delta. The territory of Nigeria is indivisible inclusive of the resources therein. No territory in Nigeria including the minerals found therein belongs to the area of location and this remains so until the federation is dissolved.
“This is the position of the constitution and international law. In principle and practice, the position I have taken on the location of mineral resources in any part of Nigeria is the legal and constitutional position.
“The constitution that affects Niger Delta Region affects Zamfara State where gold is found and if anybody at the Federal level has remised in implementing the constitution, then that is a different matter. The gold in Ilesha, Osun State, and the lead in Ebonyi State all come under the same law and constitution. There is no part of Nigeria whose interest is not dear to my heart. And stating in your letter that it’s only that interest of the North that I continually hold dear to my heart is the type of Bukah gossip that knowing you as I do since 1975, I am not surprised that you echoed.
“I proposed that equity and justice demand that those domiciled in these locations are entitled to more of the material benefits accruing from the crude oil or other minerals.”
He stated that he and Clark are on the page on the issue of derivation for host Communities or states, adding that it was only a matter of “linguistic difference”
Victor Ezeja is a passionate journalist with six years of experience writing on economy, politics and energy. He holds a Masters degree in Mass Communication.
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