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Economic social and cultural rights (ecosoc)


NIGER DELTA DEVELOPMENT COMMISSION AND SUSTAINABLE DEVELOPMENT
 

WHOSE DEVELOPMENT?

Article 1 of the United Nations Declaration on the Right to Development (General Assembly Res. 41/128, 1986) is very instructive: “The right to development is an inalienable human right by virtue of which every human person and all peoples are entitled to participate in, contribute to, and enjoy economic, social, cultural and political development in which all human rights and fundamental freedoms can be fully realized… The human right to development also implies the full realization of the right of peoples to self-determination, which also includes, subject to the relevant provisions of both International Covenants on Human Rights, the exercise of their inalienable right to full sovereignty over all their natural wealth and resources.”

Article 2 of the same Declaration is also very clear upon the involvement of the human person and his communities in development activities: “The human person is the central subject of development and should be the active participant and beneficiary of the right to development. All human beings have a responsibility for development, individually and collectively, taking into account the need for full respect for their human rights and fundamental freedoms as well as their duties to the community, which alone can ensure the free and complete fultilment of the human being, and they should therefore promote and protect an appropriate political, social and economic order for development.

No less therefore can be expected of the Niger Delta Development Commission (NDDC) in line with its developmental mandate. Development in this sense cannot be limited to mere economic growth. In order to be authentic, it must be complete: integral, that is, it has to promote the good of every man and woman. The economic cannot be separated from the human, nor development from the civilizations in which it exists. What we should hold important is the human person.

The human suffering that has bedeviled the Niger Delta region and its peoples is neither natural nor inevitable. It is the result of deliberate human decisions and policies. Human rights in all of its ramifications provide a framework to scrutinize those decisions and to insist on accountability from the decision-makers. Just like our governments in our new democracy, are responsible for the suffering caused by arbitrary detensions, they are equally responsible for the far more pervasive suffering caused by arbitrary discriminatory or negligent policies depriving Niger Deltans access to basic goods in the midst of plenty.

By demanding explanations and responsibility for violations, human rights expose the hidden policies and structures that create and tolerate poverty, hunger and environmental degradation. Human Rights also require active participation. The voices of the people must be heard and taken into account at the level of planning and execution of developmental programmes. More than simply receiving goods, or seeing a project in place, a right means in concrete terms the capacity and opportunity to claim those goods for oneself. Human rights are fundamental to a working democracy because they both ensure and require that people are able to take part in the decisions that affect their lives.
For NDDC to succeed where others woefully failed the unsuspecting peoples of the Niger Delta region, it must in practical terms be willing to design the future of the region together with the people. Experience show quite clearly that projects designed ‘outside’ the community, without the participation and continuous involvement of villagers toward whom the project is directed, have all too often failed. OMPADEC and its enforcers did it to the people. Various governments in the past and the present contraption at all levels continue to do same. One of the main reasons for the lack of success was the ‘blindspot’ about expertise.

Overcoming the expertise blindspot will prove positive. And we should expect that as soon as local know-how is requested villagers will participate eagerly. But we must not ignore development history nor the legacy of poverty. Many of our communities in the region suffer from a lack of confidence, low community-esteem, and do not experience themselves as empowered to make decisions, put forward suggestions, or implement courses of action. We must continue to work towards empowerment and away from a dependency mentality.

One is pleased to note that empowerment is an important component of the NNDC strategy. With a two year partnership support from the Open Society Institute for West Africa (OSIWA), the IHRHL through its Policy Accountability Project (PAP) is monitoring the work of the NDDC. A major aspect of this project is to mobilize Niger Delta community action for participatory development. We have been able to initiate honest and straightforward dialogue with a cross section of the communities. We relied on the knowledge and expertise of the villagers to reveal and prioritize their own developmental problems. In some of the villages, we were astonished when village elders opened up; young people, men and women gathered around the town hall to discuss issues affecting them and their communities. The voices of the powerless spoke so eloquently for the first time about actions they wanted to embark upon for the development of their communities.

This indeed is not a one-off approach. Our project has room for interaction between community members and policy makers. It would be a repeat experience building on previous insights and findings. Our hope is to inculcate an enriched interaction and relationships of change agents and communities where future interventions are planned.

The potential of rural communities as partners in development has always been neglected by our policy makers. The impact of policies geared towards community development has fallen short of expected outcomes. Sectoral policies should attract and win the support of rural communities with a bottom-up approach. Interventions should be designed in consultation with rural local experts who would then be in the forefront of making these interventions operational. Our Policy Accountability Project is aimed at creating the atmosphere for the peoples’ voice to be heard in development.


WHERE VULTURES FEAST-A QUESTION ON TRANSPARENCY AND ACCOUNTABILITY IN RIVERS STATE GOVERNMENT.

The day was Thursday, October 3, 2002, the occasion was the commissioning of the Trans Amadi gas turbine project embarked upon by the Governor Odili led administration of Rivers State, a project that span over 3 years.

President Olusegun Obasanjo, irrespective of the impeachment hammer hanging around his neck like the sword of Damocles, courtesy of both chambers of the National assembly, shelved more pressing state activities that day to perform the ritual of the commissioning ceremony, a ceremony which was a fanfare and a show of pomp and pageantry. It also advertised the level of poverty and ignorance pervading the state as hungry sycophants brought in to sing Odili’s praises was seen scrambling for food at the occasion.

To Gov. Odili and his loyalists, October 3, 2002 must have been a very happy and memorable day. Encomium were poured on the egotistic governor and his team by professional sycophants, even as the media were replete with advertorials congratulating and extolling the outgoing governor for successfully commissioning the 3x12MW Trans – Amadi gas Turbines, which before its commissioning have gulped over N15b, going by available records, although government estimates put the cost at N4.2b.

Among those who utilized the opportunity provided by the fanfare to sing the praises of Gov. Odili, and are likely to remain eternally grateful to the government, were Sir & Mrs. Johnson Arumemi – Ikhide, the owners of Rockson Eng. Nig. Ltd, the firm that played a prominent role in the gas turbine project.

As the governor and his team of loyalties, including the Arumemi-Ikhides were clicking glasses filled with champagne, basking in the euphoria of self satisfaction, mind-bogging facts emerged on how Gov. Odili used Rockson Eng. Ltd and Negris Nig. Ltd as fronts to loot the state treasury in the name of his over-ambitious gas turbine project.

Negris Nig. Ltd. was the major contractor that handled the project, while Rockson Nig. Ltd. was brought in as project’s engineering consultants. Both companies openly accepted that they were the major beneficiaries of the windfall from the gas turbine project. In a paid advertorial in some news media Rockson Eng. Ltd wrote in part: “we are happy to be associated with the project as project and engineering consultants”. Negris Nig. Ltd. in her own advertorial noted that “as the main contractors of the project, we are indeed happy to be associated with you (Gov. Odili)”. It is instructive to note that the Ikhides are joint owners of Negris Nig Ltd and Rockson Eng. Ltd. Both companies operate from the same office at Trans – Amadi Industrial Layout, Port Harcourt.

Apart from acting as a drainpipe milking the state dry, the exact role of Rockson Nig Ltd. in the gas turbine project was not precisely known, as the company was involved in many, if not all, aspects of the project, including the transportation of materials for the project from one point to another. The company claimed that it handled the movement of turbine from Port Harcourt to Omoku for which a whooping sum of about N1.5b was approved by the government in August 14, 2002.

Available information showed that in addition to the N1.5b approved for the transportation of turbines from Port Harcourt to Omoku, Rockson Eng. Ltd within this period received over N11.046b on account of the gas turbines as consultation charges.

In addition to the unfettered involvement of the Ikhides in the money guzzling gas turbine project, they also had their fingers in virtually every plum business deal in the state, through different business ventures hastily floated for that purpose. Thus, they had more than a lion’s share of the milk and honey from the treasure base of the Nation flowing into the mouths of non-indigenes only, while majority of River people wallow in excruciating poverty.

They are also deeply involved as trustees and decision makers in “The Adolescent Project” (TAP) of Governor Odili’s wife. Ikhide’s wife and justice Mary Odili’s namesake is a member of the board of trustees of the TAP, another drainpipe conceived and put together by the Odilis. It is widely believed that TAP, though said to be a non-governmental organization, is run from government funds. So far, many millions of tax payers money has been diverted from the state treasury into TAP, while many more millions were expended by the government for producing vehicles and other equipment for the organization as well as financing its projects.

Investigations revealed that on July 25, 2002, N1.473b was paid to Rockson Eng. Ltd for the purchase of Iveco buses. They also received unspecified amounts of money for the purchase of ferryboats. What is difficult to understand is why the government did not purchase the vehicles directly instead of contracting it out to a consultancy firm. Indeed, many angry indigenes, troubled by the governor’s policy of stuffing the state economy into the pockets of his non- indigenous business fronts at the expense of Rivers people, the real owners of the milk and honey, ask if there are no competent indigenes of this state who could purchase the vehicles.

But the use of the Ikhides to assault the state’s economy is a glaring example of Odili’s penchant for empowering non-indigenous contractors. The Ikhides, through Negris Nig. Ltd. have also received multi-billion naira contracts from the Odili led administration for the importation of generators, transformers, feeder pillars, cables and other electrical materials, including those being manufactured here in the state by the state owned Nigeria Engineering Works (NEW).

One disturbing fact about these contracts was the secrecy shrouding them. The code of transparency and accountability openly mouthed by the Obasanjo administration are totally lacking in the naira contracts to the Ikhides as the contracts were not advertised as required by the rules regulating the award of contracts of such magnitudes “Due process”. Also, there were no open tenders for the contrasts through the tender’s board, nor was there any proof of the competence of the companies to handle such jobs.

“Gov. Odili dished out other plum and milking contracts to the Ikhides without observing any rule and regulation guiding the award of contracts by governments”, observed a source who pleaded anonymity. Another anonymous source also submitted that Rockson Eng. Ltd is the least qualified to be engaged as engineering and project consultants in the turbine project since it had no proven track record or technical expertise required for such a project.

The Ikhides themselves will be hard put to disprove this fact as the company was a novice not only in the turbine business, but more importantly, in the business world as at the time of its initial involvement in the turbine deals. Mr. Johnson, an electrical engineer, at one time only had worked as a management staff of Caterpillar Masters (W.A.) Ltd. On the other hand, his company, Rockson Eng. Nig. Ltd, was incorporated on May 16, 2002 with Reg. No. RC 380929 and a share capital of N100m, which at the time of this report has not fully, being paid up. The registered directors of the company include Mr. Johnson I. Arumemi Ikhide and his wife, Mrs. Mary F. Arumemi – Ikhide. Their addresses were given as Benin City as at the time of the incorporation of the company.

Yet in a feeble attempt to reply to criticisms about his controversial gas turbine project, Governor Odili made some unimpressive statements. One of which was that those Rivers people opposing him were doing so because he refused to give them the contract for the gas turbine jobs. Two, that no Rivers man has any qualification or experience in gas turbine technology to be able to execute the gas turbine project. But none of the above is correct, because Odili himself knows some prominent Rivers indigenes who are gas turbine experts with proven track records and experience in turbine installations. One of such indigenes who was actively involved in the successful installation of the Imiringi Gas turbine station now in Bayelsa state is now wasting away in the state civil service. Though the government is fully aware of this, he was never given any role to play in Gov. Odili’s Independent Power Project (IPP).

It was gathered that even before its incorporation Rockson Ltd had already started executing multi-million naira contracts for the Odili led administration on the gas turbine projects. The company had also received payments from the government even before its incorporation as follows:
December 8, 1999 – N80m
December 10, 1999 – N15m
April 6, 2000 – N3b
It received a total of N3.095b on gas turbine and another N492.38m for purchase of vehicles before its incorporation May 16, 2000. “It is from these payment that they may have raised the money to float the company”, argued a shocked and horrified Rivers man.

Another equally disenchanted, elderly patriot, shocked by the irregular payment remarked: “This is fraudulent, as it amounts to doing business with a phantom, with a corporate ghost. And all along our saintly governor, this Knight of St. Christopher, has had the temerity to abuse knowledgeable critics who have been trying hard to take the wool off out eyes and to point out to us that all the excited noise about the gas turbine is mere hocus pocus aimed at deceiving tax payers”.

Among the minimum requirements for entering into a business contract of that magnitude with government are the provision of a certificate of incorporation and a 3- year tax clearance certificate. None of these minimum requirements were met by Rockson Eng. Ltd. before it started receiving multi-billion naira contracts from the Odili government.

Yet a major complaint by the opposition has been Odili’s failure to economically empower the River people. No Rivers indigene is known to have won a contract worth N500m from the Odili administration.

Why were constitutional rules bent with impunity and caution thrown to the wind by Gov. Odili in order to enter into business relationship with these companies on behalf of the state? Who are the Arumemi – Ikhides and what link do they have with Gov. Odili?

Prior to the emergence of Gov. Odili as the governor of Rivers state in 1999, neither Mr. Johnson Arumemi Ikhide nor his wife, Mary, was a known variable in the business and economic circles of the state. Not much was known about them other than that they were staunch catholic faithfuls like the Odilis. And like Dr. Odili, Sir Johnson Arumemi-Ikhide is a Papal Knight. Observers are of the strong view that the catholic connection is the major link through which the Ikhides got the gas turbine job.

But the Ikhides are not the only outside beneficiaries. It was alleged that during the wedding ceremony of Chief Anenih’s son, Gov. Odili doled out over N100m to bankroll the wedding. In addition, he also reportedly donated 2 custom- made jeeps to the new couple. The jeeps were brand new, not like the rickety tokunbo buses allocated to the free transportation scheme for school children.

As if to reciprocate the gesture, Anenih came to Port Harcourt during Odili’s wedding anniversary to strongly drum support for the Governor’s second term bid. It is believed that, apart from the catholic connection, the Ikhides must have warmed their way into the state treasury through the power – broking Anenih.

Today he has become Odili’s man friend and inglorious partner in fiscal brigandage. It was once alleged that during the burial of Sir Johnson Ikhide’s mother, Odili moved his entire cabinet down to the man’s village for the burial. He also pumped in an unquantifiable sum of money into the lavish burial, and further insulted the intelligence and sensibility of the Rivers people by running the burial Ceremony on the state TV station.

Through the gas turbine project alone, into which over N32b has been sunk, many billions of naira of state funds may have been diverted from the government treasury through large scale over – invoicing and other fraudulent practices that characterized the project.

What this means is that the state may have been greatly defrauded with the Ikhides wittingly or unwittingly being used as tools. So far, they have handled contracts, including the gas turbine contract, totaling over 50% of the three years budget of the Odili government.

Odili and Sir, Ikhide also claim that they spent about N800m and another US $2m to refurbish the Eleme turbine, which were installed and commissioned by the defunct OMPADEC. Their explanation is that the turbines inherited from OMPADEC were second hand and dysfunctional.

But reacting to this claim, the contractors who handled the project for OMPADEC, Marshland Projects Nig. Ltd, the suppliers and the manufacturers of the turbine, General Electric of USA debunked this claim, pointing out that it is ridiculous that such an amount was spent on the refurbishment of the turbine. They confirmed that the turbines were brand new and were tested for about 10 hours. Moreover, they pointed out that there is an existing maintenance agreement that makes it unthinkable for such an amount of money to be spent on refurbishing the turbine outside the terms of the original agreement. There is no doubt that all the money they claim to have spent on the refurbishment of the Eleme turbines have been diverted into private pockets.

Odili’s penchant for using non-indigenous agents to squander the finances of the state also recently saw the job of generating internal revenue being contracted out to the another crony introduced to him by Chief Kuye, whom he hopes will assist him in his second term bid. Kuye is the Minister of state for finance. The plum revenue collection job was doled out to Olunuga in spite of the outcry of Rivers people against the use of foreign consultants for revenue collection. Under the terms of the contract, Olunuga who operates under the business name of Ideal Concepts is to earn over N1b annually as commission. This amount is more than 500 times higher that what the state spends on the Board of Internal Revenue which has been known to generate higher revenues than these non-indigenous revenue contractors. It amounts to freely giving out N1b annually to the contractor whose staff strength is zero and whose only job and investment is to sit in a cosy office furnished for him by Oyaghiri, Odili’s Finance commissioner with tax payer’s funds. The contractor just pockets such a colossal sum of money for doing virtually nothing.


 

 

© Copyright 2005, Institute of Human Rights and Humanitarian Law IHRHL - Niger Delta Nigeria.

 

korede Adeleye