Why Buhari must remove Ajasin from NDDC Board, by Enikuomehin

July 23, 2016.

His Excellency,

President Muhammadu Buhari, GCFR,

President and Commander –in-Chief of the

Armed Forces of the Federal Republic of Nigeria,

Presidential Villa,

Abuja.

Your Excellency,

APPOINTMENT OF OLATOKUNBO AYOTUNDE AJASIN IS ILLEGAL: A MEANS TO TEST THE WILL OF THE OIL PRODUCING AREA OF ILAJE LOCAL GOVERNMENT COUNCIL OF ONDO STATE.

The constitution of the governing Board of the Niger-Delta Development Commission (NDDC), though very belated, is a welcome development. It is a relief to the people of the oil producing areas of Ilaje Local Government that their representative will serve on the governing Board of the NDDC as against the sole administratorship now in place.

This joy was, however, short-lived when the name of one Olatokunbo Ayotunde Ajasin (from Owo Local Government Area in the Northern Senatorial District of Ondo State) was announced as the representative of Ondo State.

The NDDC Act, 2000 that sets up the Commission makes it clear that anyone that would be chosen as (a) a representative of any of the 9 states and (b) holds the position of MD and the two EDs must be indigenes of the oil producing areas. Section 2(1) (b) of the NDDC Act, 2000 states as follows:

“one person who shall be an indigene of an oil producing area to represent each of the following member States, that is,

1. Abia State

2. Akwa-Ibom State

3. Bayelsa State

4. Cross River State

5. Delta State

6. Edo State

7. Imo State

8. Ondo State, and

9. Rivers State,”

In the same vein, for the appointment of the Managing Director and the two Executive Directors, section 12 (1) of the Act provides:

“There shall be for the Commission, a Managing Director, and two Executive Directors who shall be indigenes of oil producing areas starting with the member states of the Commission with the highest production quantum of oil and shall rotate amongst member states in the order of production.”

The italics in the above two sections of the Act are mine, but meant for emphasis.

Your Excellency, the operative words in the two sections when considering the nomination of a state representative, the MD and the two EDs are as follows:

1. They shall be indigenes

2. From oil producing areas of the state.

1. An indigene is person who is a native to the soil/land. He is an aborigine of the locality in question. His foundation and root are coterminous to the locality where he is. He is not an “imported” person to the locality.

2. An oil producing area, though not defined in the act, but would mean a locality where oil exploitation that contributes to the national wealth takes place. In other words, production of oil mineral must in fact and truth be going on in the area concerned. A locality or an area cannot be called oil producing except WHERE THE ACTUAL OIL PRODUCTION WHICH CONTRIBUTES TO THE ECONOMY OF NIGERIA is taking place.

It is on record (and this without any dispute) that oil exploration and exploitation that contributes to the national economy of Nigeria is found in ILAJE CONSTITUENCY 1 (UGBO AREA) in Ondo State. As at now, there is no other local government in Ondo State other than Ilaje (Ugbo) where oil exploration and exploitation are being carried out. Put slightly differently, ONLY THE OIL PRODUCING AREAS IN ILAJE are qualified by the provision of the NDDC Act, 2000 to produce the representative for Ondo State in the Commission.

It is worthy of note that since the creation of NDDC in year 2000, successive administrations in Nigeria from Chief Olusegun Obasanjo, the late Umaru Musa Yar’adua and Dr. Goodluck Ebele Jonathan, in compliance with the Act, had appointed the following INDIGENES from the OIL PRODUCING AREAS OF ILAJE LGA in Ondo State:

1. Chief Olusola Alexandra Oke (Ugbo Indigene) 2000-2004

2. Dr. Ibukun Olasumbo Omotehinse “ 2004-2008

3. Dr. (Bar.) Benson Enikuomehin “ 2009-2011

4. Mr. Dele Omogbemi “ 2011-2013

5. Bar. Benson Amuwa “ 2013-2015

It is not an accident that the Ondo State Government in enacting the Ondo State Oil Mineral Area Development Commission (OSOPADEC) in year 2003, also recognised the Ugbo Communities as the oil producing areas of the State. Section 2 of the Law states that the Chairman and three members of the Commission shall be indigenes of the oil producing areas. Since the passage of the law, the following persons who are indigenes of Ugbo Communities have been appointed as Chairmen of the Commission

1. Dr. Ibukun Omotehinse 2003-2004

2. Chief Olusola Oke 2004-2007

3. Chief Adewale Omojuwa 2007-2009

4. Chief Adebowale Ajimuda 2009-2012

5. Pastor Johson Ogunyemi 2013-date

ALL THESE PERSONS ARE FROM THE UGBO COMMUNITIES TO THE EXCLUSION OF ANY OTHER PERSON(S) FROM ANY PART OF THE STATE.

HOW OIL PRODUCING AREAS ARE IDENTIFIED

The following criteria would be the yardsticks of identifying oil producing area.

1. Oil companies must be operating in the locality

2. The people of the area must have relationship with the oil companies operating in their land

3. The oil production in the area must contribute to the total oil production in Nigeria.

Without any equivocations, the Ugbo Communities in Ilaje Local Government Area of Ondo State are the ONLY ONES qualified for the above criteria. This so because oil companies such as Chevron, Conoil, Agip, Express Oil &Conoco etc are operating in Ugbo Communities. Secondly, various associations in Ugbo Communities also have relationship with the oil companies. Thirdly, the production from the Ugbo Communities makes Ondo State an oil producing state which ranks 5^th among the nine (9) oil producing states in Nigeria. It is, therefore, settled that any representative for Ondo State in the Commission (NDDC) must and shall be from UGBO COMMUNITIES in Ilaje Local Government Area of Ondo State.

Mr. President, having fully briefed you with respect to the indigenes of the oil producing areas of Ondo State, I sincerely urge you to reverse the nomination of Mr. Olatokunbo Ayotunde Ajasin who, by the provision of the NDDC Act, 2000 is NOT QUALIFIED TO BE NOMINATED. His nomination and eventual confirmation by the Senate will only create UNPRECEDENTAL CRISIS in the oil producing area.

I strongly believe that your administration will not want to add the crisis in Ondo State to the ones of the Niger- Delta Avengers already ravaging the Delta region!

I plead with Your Excellency to withdraw the nomination of Mr. Ajasin and replace him with an APC member from the Ugbo Communities in Ilaje Local Government Area of Ondo State. This is the only panacea to peace in the locality.

DR. BENSON ENIKUOMEHIN, fcpa

Attorney At Law