By Yinka Odumakin
The great political philosopher and polemicist, Leon Trotsky, once talked of professor of Spring who was teaching the subject in a classroom for years. He came out one day and was face-to face with Spring but he denied it saying it must be some disorder in nature.
So it is with Nigeria that got its independence on a federal constitution with a very lean exclusive list. But the aberration of military rule with command and control bloated the exclusive list to give virtually everything to the centre stripping the federating units. The centre became too fat to be productive and the units too lean to have a healthy existence.
One of the burdens the
unitary constitution gave to the central government is the ownership and
control of mineral resources.
I
recall that Mr Femi Falana SAN and I always get into this discussion once in a
while on the culture of laziness that has made our Governors to be drained of
creativity of what are the possibilities even under the constitution as it is.
We once appreciated the beauty and functionality of Ibom Air of Akwa Ibom State
at a time the federal Nigeria Air started and collapsed on the internet.
Aviation is still on the exclusive text.
It is in similar
context the Governor of Zamfara, Mr Bello Matawale, according to the Minister
of Solid minerals, Mr Olalekan Adegbite, identified solid minerals that should
be a developmental blessing as enabler of banditry in the hands of
irresponsible leaders.The artisans who mine the gold sell to bandits at cheap
prices and they in turn use the high value to import guns and bullets into the
country. Matawale working with the Federal Government chose to wean the
artisans from bandits by making them customers with the state. He got the
Central Bank of Nigeria involved in the same way the apex bank deals in
Agriculture through its Anchor Borrower.
The
State has not claimed ownership of the gold against the extant provision of the
extant unitary law which a voice like Mr Bayo Onanuga should join in the call
for change to a federal one instead of playing into the corner of the enablers
of banditry who are fighting Matawale. Onanuga said the action of Matawale can
encourage other states who have mineral resources to shut out the Federal
Government. I have not seen Matawale shutting out the centre. All he has done
is to seek the cooperation of the centre to rescue the solid minerals in
Zamfara from control of bandits into a viable economic venture for the state
within the boundaries of business set by the Federal Government. That should be
encouraged and other states that have mineral resources should look for
creative ways of maximizing the inherent advantages.
What stops the oil
producing states from building modular refineries to add value to crude oil and
bring out so many bye-products for economic activities. It would be a great
idea fueling cars with petrol refined by our states. Is it not a big shame that
at 60 we are still locked in fuel subsidy debacle because we import petroleum
for our domestic consumption?
As to the intervention
of a human rights lawyer, Mr Joseph Onu Silas, I need to say there is no
benefit in shutting down the Zamfara initiative. Silas in his letter to the CBN
Governor said as follows:
He added that the
Nigerian Minerals and Mining Act, 2007 makes it clear in section 1(1) and (2)
that: (1) the entire property in and control of all mineral resources in, under
or upon any land in Nigeria, its contiguous continental shelf and all rivers,
streams, and watercourses throughout Nigeria, any area covered by its
territorial waters or constituency and the Exclusive Economic Zone is and shall
be vested in the Government of the Federation for and on behalf of the people
of Nigeria. (2) All lands in which minerals have been found in commercial
quantities shall, from the commencement of this Act, be acquired by the
Government of the Federation in accordance with the provisions of the Land Use
Act
“Sir, by sealing this
deal with the government of Zamfara State, are you admitting that as the head
of Nigeria’s apex Bank, you are unaware of the laws of this nation?” Silas
queried.
He continued, “I ask
this question simply because the news of your action is only possible if the
Southern States of this nation can also enjoy such offers from the Central Bank
for the purchase of petroleum products.”
Furthermore, Silas said
such purchase is “the highest insult on the sensitivities of Nigerians” because
Zamfara government has no gold to sell, the gold is for federal government, and
CBN is not permitted by its enabling Act to engage in the business of buying
goods that are solely commercial in nature.
Silas
again queried, “Also, are you aware that this singular indiscreet action of
yours is capable of throwing this nation’s fragile security into chaos? What
will be your response to people from the Southern States if they now begin to
insist that all the Mineral resources found within their respective States does
not belong to the Federal government and opts to begin selling them directly to
anyone?”
We can see the problem
of lack of even-handedness as the basis of mistrust and not seeing good action
when it is seen as being allowed “others”.
The last paragraph
raises the fundamental issue of sorting serious issues with the constitution of
this country. We must make proper arrangement of mineral resources the way we
did when this country was a proper federal state and as obtained in good
federations across the world.
We must look critically
at section 134 of the 1963 constitution when we are serious about nation building;
134.
(1) There shall be paid by the Federation to each Region a sum equal to fifty
per cent. of-
(a) the proceeds of any
royalty received by the Federation in respect of any minerals extracted in that
Region; and
(b) any mining rents
derived by the Federation during that year from within that Region.
(2) The Federation
shall credit to the Distributable Pool Account a sum equal to thirty per
cent.
(a) the proceeds of any
royalty received by the Federation in respect of minerals extracted in any
Region; and
(b) any mining rents
derived by the Federation from within any Region.
(3) For the purposes of
this section the proceeds of a royalty shall be the amount remaining from the
receipts of that royalty after any refunds or other repayments relating to
those receipts have been deducted therefrom or allowed for.
(4) Parliament may
prescribe the periods in relation to which the proceeds of any royalty or
mining rents shall be calculated for purposes of this section.
(5) In
this section “minerals” includes mineral oil.
(6) For the purposes of
this section the continental shelf of a Region shall be deemed to be part of
that Region.”
In USA, the Bush family is in charge of the oil on the land they own.
*Mr. Odumakin is the Public Secretary of Afenifere
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