Cross River lawmakers to begin hunger strike over 76 oil wells
From Alifa Daniel, Asst Political Editor, Abuja
DEPUTY Senate Leader, Victor Ndoma-Egba, Senators Bassey Ewa-Henshaw, Greg Ngaji and eight members of the House of Representatives from Cross River State yesterday resolved to embark on a 14-day hunger strike to persuade the Federal Government to reverse its decision to cede 76 oil wells that were within its borders to Akwa Ibom State.
This is in addition to a legal option the state is employing. In fact, the legislators said in Abuja at a media briefing yesterday that after two weeks, they would review the effect of the hunger strike on the efforts to get back the oil wells, and determine what action to take next.
Other lawmakers taking part in the strike are: John Enoh, Paul Adha, Essien Ayi, Alex Okam, Bassey Otu, Gabriel Edi, Bassey Ewa, and Cheis Eta.
Ewa-Henshaw, who read the address while his other colleagues, with the exception of Ngaji who was absent, watched with stern looks, explained that their decision to go on strike should not be trivialised because it was a "moral weapon to appeal to the consciences of the Nigerian people."
The lawmakers condemned the Revenue Mobilisation Allocation and Fiscal Commission (RMAFC), which allegedly presided over the ceding of the oil wells.
Their words: "We are persuaded by these patently corrupt, illegal, unconstitutional and brazen actions to declare that the RMFAC has in this instance clearly acted against the collective national interest of all of us as Nigerians at the behest of invisible forces or interests and only the reversal of this decision by the Federal Government will mitigate the enormous injustice meted out to the people of Cross River State. Our suspicion is further strengthened by the fact that RMAFC arrived at this far-reaching decision without recourse to the states concerned and without any complaint from Akwa Ibom nor indeed any other quarters."
They described the ceding of "virtually the entire maritime territory of Cross River State to Akwa Ibom State" as "despicable, unwholesome and a calculated attempt to defraud and deprive the good people of Cross River State of their natural endowment..."
They continued: "Our principled position on this prime issue of national importance is anchored on our collective sense of patriotism derived from our historic and traditional role as representatives of our peace-loving people and belief that enduring peaceful coexistence between the sister states (Cross River and Akwa Ibom) must as a necessity be rooted in justice, equity and fairness without which the two states will live under the suffocating cloud of mutual suspicion, distrust, avoidable hatred and malice in perpetuity.
"We are also of the conviction that a grave injustice has been visited on our dear people by the Revenue Mobilisation Allocation and Fiscal Commission and to some extent the National Boundary Commission. Only the timely intervention by the Federal Government will restore the shaken confidence of our people in the Nigerian Federation and help dispel the fast growing sentiment that the virtues of calmness, responsible behaviour and peaceful coexistence are not respected but despised by certain segments of our nation."
Henshaw recalled that the RMAFC convened a retreat in Kano last August and allegedly unilaterally redefined the maritime boundary between Cross River and Akwa Ibom states.
"It invented a boundary dispute between the two states and sought to resolve it using its own set of rules clearly in contempt and contravention of universally accepted norms. It declassified Cross River as a littoral state and awarded seventy six (76) oil wells from Cross River to Akwa Ibom," he said.
The angry lawmakers threw a challenge to anyone who wanted to monitor the hunger strike to move into their homes.
They reaffirmed that the maritime boundary between the neighbouring states was settled to the satisfaction of both states by the National Boundary Commission (NBC) as far back as 2004, adding that the political leaderships in place at that time in both states and the Presidency accepted the maritime boundary delineation.
The delineation, they added, "was never the subject of any disagreement before the 2008 retreat of RMAFC stirred up this needless controversy."
They said further: "We are compelled to question the appropriateness, validity, motive and credibility of the decisions taken by RMAFC precisely because in this case, it clearly acted ultra vires by usurping the constitutional mandate of the National Boundary Commission. For the avoidance of doubt, it is the National Boundary Commission and not the Revenue Mobilisation Allocation and Fiscal Commission, which is authorised by law to establish and where necessary adjust boundaries.
"In carrying out this statutory mandate, it is expected to adhere strictly to stipulated procedures with the full knowledge and participation of the parties involved. Apart from the technical element, other critical factors include historical and equitable considerations which were completely ignored by RMAFC."
The lawmakers accused the RMAFC of ignoring the advice of the NBC that it should not employ "purely technical criteria in the delineation of the maritime boundary of Cross River State."
Boundary adjustment, according to the lawmakers, is a constitutional matter. Section 8(2) of the Constitution of Federal Republic of Nigeria 1999 requires an Act of the National Assembly to legalise any adjustment within the Federation. He said that the RMAFC action was therefore offensive to the Constitution.
"For the adjustment of internal boundaries to be valid, the National Boundary Commission is expected to set up an internal Boundary Committee as stipulated in Section 8 with the Surveyors General of the states involved in the dispute and the chairmen of the states' Boundary Commissions as members. This committee was never constituted by RMAFC, obviously because it lacks the powers to do so, and as a result, the formal procedures for adjusting boundaries were not followed," they said.
On the reliance of the RMAFC, the Akwa Ibom State government and lately the leadership of the NBC on a 2005 Supreme Court judgment to justify the delineation, the Cross River lawmakers said the interpretation was misleading, erroneous and designed to deceive Nigerians and foment crises between the two states.
"In the case under review, the Supreme Court observed that with the handover of Bakassi to Cameroun, it would seem that Cross River State would be hemmed in and would no longer be a littoral state with the caveat that this conclusion cannot be reached until the international maritime boundary between Nigeria and Cameroun is published", he said.
The Supreme Court noted: "In the light of the observations I have expressed above regarding the NBC revised boundary delimitation, I do not feel comfortable to grant the declaration sought. Until both Nigeria and Cameroun conclude their negotiations to finality and the international boundary fixed by the International Court of Justice is modified and published, it would be premature for this Court to determine the maritime boundary of the two states."
Referring to the "burden and anguish" Cross River State people have been made to bear as a result of the loss of part of Bakassi to Cameroun, the lawmakers maintained that the latest action of the government was adding insult to injury.
They added: "After deep reflection, we have come to the conclusion that it will be insensitive for us to pretend that all is well when our people feel the full weight of deprivation occasioned by the wicked and illegal denial of resources which should rightly be accruable to them. Since some greedy brigands would rather see our people starve to death and our state brought to its knees; we as their representatives have decided to stand in unity with them. To sink or swim with them.
"We will therefore, beginning immediately, embark on a two-week hunger strike to emphasise the seriousness of this situation and the collective pain we feel. But we must warn that the people of Cross River have had enough. They have been pushed far enough. They now have their back to a concrete wall and can go no further. It is unacceptable that they should be cheated, abused, degraded and deprived simply because we are honest law-abiding, peace-loving, accommodating and responsible people.
"In 2005 the boundary between Cross River and Akwa Ibom was delineated to the satisfaction of both states. All the critical factors taken into consideration, RMAFC and the present leadership of the National Boundary Commission should in the overriding interest of peaceful coexistence between the two states retrace its steps and abide by the 2005 boundary delineation exercise.
"Bakassi was not ceded to Akwa Ibom State but to Cameroun. Oil wells belonging to Cross River before ceding Bakassi can only be claimed by Cameroun or remain in Cross River because this is the only area where territory changed hands. Our decision to declare our stand now is born out of our strong desire for peace and our firm belief that for peace, unity and progress to reign, there is an urgent need for the two states to work together in true partnership, in which no party will feel short-changed. We fervently hope that common sense will prevail. A word is enough for the wise."
