A COMMUNIQUE ISSUED AT THE END OF A ONE DAY VIRTUAL CONFERENCE ON THE NATIONAL WATER RESOURCES BILL BY IJAW NATION PROFESSIONAL GROUP

PREAMBLE

The Ijaw Nation Development Group (INDG), on 20th September 2020, in collaboration with the other Ijaw organizations including, Ijaw Professionals Association (IPA), The Ijaw Elders Forum (IEF), The Ijaw Nation forum (INF), The Ezon Ladies Association (ELA), Ijaw Monitoring Group (IMG), Embasara Foundation, as well as, individuals and representatives of Izon Organizations globally, arose from its Virtual Conference that critically examined the National Water Resources Bill 2020 currently at the National Assembly.

The Conference observed and noted the following.

1. The re-emergence and pursuance of a National Water Resources Bill, which had, hitherto, been rested by the 8th National Assembly, due to widespread national opposition to its assent, but brought through the backdoor into the 9th National Assembly, leaves us but to wonder, why in the face of more pressing and critical national issues, including the debilitating COVID-19 Pandemic, widespread economic dislocation, rising energy costs, rampant and pervasive insecurity the presidency will still bring about, the “resurrection” of this unprecedented Bill, and it’s urgent pursuance. The bill is, therefore, suspicious in context and content and quite evident that the process of emergence of this bill, lacked transparency and consultation with various stakeholders across the country. Thus, the due process of democratic law making is once again denied group participation or societal engagements, within a highly skewed history of resources governance in the country.

2. That the Bill is a product of yet, another undisclosed and ill-timed agenda and an assault to the identity and existence of Ijaw people. As it is an attempt to further whittle down the powers of various federating ethnic groups in the country.  Thus, the bill which attempts to repeal four (4) other Water Resources Laws and consolidate them into a single legislation, such as River Basin Development Act Cap R9 LFN 2004 and Hydrological Services Agency Act, Cap N110A of 2004, as well as the National Water Resources Institute Act, Cap N83LFN, 2004, is inimical to the survival and aquatic livelihoods of the Ijaw people. As it has taken their right of ownership without their consent, and gives it to a federal commission, to now delegate licensing powers for commercial exploitation to states, for water resources owned by and found in ijaw-nation.

3. That the bill therefore, is an obvious impunity and outright disregard for basic principle of federalism, ownership and fundamental Human rights. More so, it is vexatious that the recent unguided comments by Hon. Sada Soli (Chairman of the House Committee on Water Resources), to mention a few, tend to lend credence and give confirmation to the notion of a subterranean agenda.

4. The conference further noted that, the bill is another backdoor ownership of resources, to further deny the rights of indigenous communities across the Niger Delta. We the Ijaw people will lose our lands and water rights to the presidency, if this bill is passed in its present form, and without regard to the ownership question.

5. That Ijaw Life is intertwined with Water, and Water is the very essence of our livelihood and Survival. Water is synonymous to the Air that has been polluted by oil companies, in collaboration with the Nigerian State. Yet with a new bill that is an obvious intent to usurp the rights due to an autonomous federating unit; which SHOULD BY the Constitution, HOLD the power to regulate the affairs of its people and the property within its territory.

6. The conference also noted that, the double standards of the Presidency, is witnessed in recognising the rights of indigenous communities in the North, to mine gold and other minerals. But deny same to Oil and Gas in the Niger Delta region. This discriminating and fraudulent legislative polices, only continue to serve a few local and global business interest groups as our experience proves with oil and gas resources.

7.The conference noted that, despite the deprivation of the Niger Delta States of their “minerals and mineral oils” within their territories, the Bill now plots to take the only “Resource ” left for the States to administer, for the benefit of their people. In addition, Section 64 of the Bill arrogates exclusive powers to the Central Government, to decide what constitutes “interstate waters”. While in contradiction, acknowledges that management and control of water resources within the boundaries of a State, reside in that State Government. This clearly did not reflect the fact that rivers unify ijaw people, and that Nigeria has balkanised the ijaw people into seven states, thus, weakening their political and cultural hegemony.

8. That whilst we consider the science (Hydrological and Geological) as well as the Law aspects of this bill, we note that the bill as it is, will greatly impact/distort our socio-economic wellbeing and livelihood patterns. Thus, we wonder why the Federal Government is bordered about legislating the Use and Control of Water, rather than creating framework laws that allow ijaw people to effectively organize, control, manage and use their resources for the commercial benefit and social good of all Nigerians.

9. The conference as well, observed that the National Assembly members of Ijaw and Niger Delta descent are in a knowledgeable position to speak up, in resistance to the promotion of a Bill that is an inference and a perpetration of an altruistic and systematic invasion against Southern Nigeria by the Presidency. More so, the passage of the bill, will adversely affect the fundamental human rights of Ijaw people, and her generations of children yet unborn. Should our assembly members continue to be complacent in the face of brazen confrontation?

10. That the Ijaw nation has suffered marginalisation and deprivation in various forms, despite being the “cash cow” of the nation, via its Oil reserves. In the face of all these, they have remained a calm and peaceful people. However, it must be noted that peace does not mean acquiescence; and there are limits to peace.

11.  That, as a further show of its hidden agenda, especially for land grab. The bill fails to address the manifest deficiency in strategy, for development of ground water. Which as it were, over 80% of Nigerians depend on for clean and less polluted water. It therefore wonders why the rush.

RESOLUTIONS

IJAW-NATION Rejects the Passage of the Bill in its present form, without it been open to public hearing, wide consultation and the fundamental concerns of Ownership, Control , Management and use in favour of Federalism, Human and Peoples’ Environmental Rights.

IJAW-NATION is open and willing to engage, consult and negotiate, to reach a Bill for an act that protects her strategic interests, for the greater good of all Nigerians without sacrificing the Fundamental Rights Issues of Federalism, Ownership, Control, Management and Right to Use Including Sustainable use and Environmental Management.

We call on the Nigerian State and the Presidency to emulate the practice of true federalism, as exemplified in India, Australia, Germany, Canada and the USA where water regulation is left for the States to formulate, within a framework set by the Federal Agency.

We resolve to work with other Niger Delta and Nigerian Nationalities, to ensure that we protect our Nationalities and restore our Federalism as Nigerians from Unitary intrusion and control, by Hegemony and vested business and political interest.

We share the concerns of many Nigerian ethnic Nationalities, who believe that the bill is part of a grand plot to take over their land, by finely worded legislation. That could be in fact, a machination in the Character of RUGA Settlement

To this end, we express our solidarity with the people of Benue, Niger State and other ethnic nationalities and people of good conscience that believe in true Federalism, as we extend our hand of fellowship, in the quest for justice, equity, and fairness, as guaranteed by the Constitution of the Federal Republic of Nigeria and the Africa Charter of Human and Peoples’ Rights by unanimously consigning this Bill and its contents, to the dustbin of history where it rightly belongs.

CONCLUSION

•Ijaw communities and other ethnic nationalities of the Niger Delta region, have been in control of the Water Resources of the region, as well as all its natural resources (oil and gas, and agricultural farmlands), before the Amalgamation of the entity called Nigeria. It has without question, applied these resources uninhibited, to the greater good of the Nigerian economy, before the progressive distortion of our federal structure, thus current attempt to control its waterways, is viewed as yet another assault. And the reactions therefore, are considered as such.

•That it considered particularly Section 1 (1e, f, g, h, j, k and m), and doubts the sincerity of the drafters and its sponsors. Since the Ijaws are worse hit by the unmitigated environmental degradation caused by oil and gas exploration activities vide the Petroleum Act of 1969. By which the central government illegally nationalised resources.

•Furthermore, Section 2 (1, 2 & 3) and its corollary Section 72, which appropriates arbitrary powers to the Minister to grant license to “strange individuals”, irrespective of where they might be migrating from. The rights and legal access to our water bodies and riparian lands, is an obvious impunity and outright disregard for basic principles of democracy, federalism, and human rights.  Also, going by Section 4 of the first Schedule of the Bill, the whole of Bayelsa State and other riparian Ijaw communities would become properties of the Federal Government. This is clearly provocative and signals a plot for a total takeover of the entire Ijaw land.

•We therefore, reaffirm our reject in its entirety, in the current form of the so called “National Water Resource Bill” that is about to be passed by the 9th National Assembly. The bill is fraudulent, odious and provocative, just like the Petroleum Act and Land Use Decree which continues to deny the fundamental rights of indigenous people. Given that, the present Nigerian Constitution continues to be brazenly diluted and distorted, to serve the interest of a particular ethnic group. The bill poses yet, another threat to current security situation in the country. It is anti-people, insensitive, and a complete distortion to the basic tenets and principles of True Federalism.

Signed

Arc Denzil Amagbe Kentebe (INDG)

Comrade Joseph Eva (IMG)

Mr. Elaye Otrofanowei (IPA)

Mrs. Ebiere Fumudor (ELA)

Barr. Efiye Bribena (IEF)

Mrs. Rosemary Oduone (IWC)

Barr. Iniruo Will (EMBASARA Foundation)

Dennis Banigo (Convener INDG).