THE TRAGEDY OF PETROLEUM INDUSTRY BILL
While it is globally acknowledged  that law-making is a serious business, it is also a fact that the majority of members of the legislature are from  the elite. The main reason for this phenomenon arises from the cost of attaining the positions usually through hard-fought and expensive elections.  First and foremost it is a constitutional  assignment to represent a group or groups of people called a constituency.  Undoubtedly not many are ready and willing to sacrifice the material and intellectual resources demanded by the race. On getting to the legislature the second assignment becomes  that of law-making: initiating bills, motions, resolutions and drawing attention of the House to various national, regional or sectoral issues of importance.  The third function which are outside the legislature are numerous projects, institutions, processes and issues which the legislators are required by law to oversight, comment and report on.
Initiating a bill such as Petroleum Industry Bill (PIB) that has spent over a decade in the legislative House is one of the challenges of legislators.  Apart from the demand of extensive research on the legislators, it is also capital intensive.  It is on the realization of these facts that the delay suffered by the bill in the successive Assemblies can be assessed.
It can also be assessed through the mischief of the bill presented by the government summed up in terms of reference of Dr Rilwani Lukman’s led committee that was empaneled by president Umaru Musa Yar’Adua to implement National Oil and Gas Policy (NOGP) thus: “Transform the broad provisions in the (NOGP) into functional institutional structures that are legal and practical for the effective management of the oil and gas sector in Nigeria.”  Such a sensitive bill is one that should unite all legislators despite their political leanings, in ensuring a speedy passage bearing in mind Nigeria’s monolithic economy. Anything short of a speedy passage drains the scarce resource and the economy as successive assemblies considers the bill de novo.  What a tragedy!
One is not unmindful of the blockade mounted by International Oil Companies (IOCs) through conditionality that favour their investments to the detriment of indigenous oil and gas enterprises.  The challenge posed by the IOCs should not deter the legislators from passing the bill since the bill is coming on the mantra  of strengthening free-market enterprise.  It is now doubtful if the passage of the bill would sail through the 7th Assembly after the 2015 polls interruptions of the legislative process.
It may well be that the change that came to Nigeria affected the electorates adversely if the 7th Assembly fails to pass the PIB which the  bicameral assembly promised to bring to fruition before the disillusion. The assurance is important and valuable when you consider the number of years the bill has sojourned in the House.  The assurances to pass the bill into law were secured before the commencement of 2015 polls. Both the Senate president and the Speaker confirmed their commitment until the ‘change’ that swept the political and legislative landscape.
Through the activation of its auto policy, very soon Nigeria will begin the production of electric cars.  With this in place some of the provisions of PIB would be obsolete.  It would have been better for policy reason for PIB to be in force before electric cars that would have little or nothing to do with petroleum. On the global scale the demand of petroleum product  is predicted to considerably shrink  with USA achieving  self-dependence in energy supply in a couple of decades.  These reasoning can be gleaned from the anticipated commercial activities to be engendered by the ‘Act’ when passed.  It is also expected to promote indigenous oil and gas companies.
The ‘Act’ also proposes good corporate governance through responsible and responsive management..  Not only is it a producer, the Petroleum company would also regulate stakeholders to ensure environmentally-friendly policies , safe human right practices as well as consumer friendly.
The cost burden, would not be left for the company alone.  There would be a common contributory fund to care for the environment and economic development of the surrounding of exploration areas, called Petroleum Host Community Fund (PHCF) to prevent restiveness and sabotage by locals.  However, the host community stand a risk of forfeiting the contribution to PHCF if they allow vandalism, sabotage or damage of any sort to affect operators networks of fixtures and investments.  It is also public notice for them to mitigate circumstances  that may lead to damages or destruction.
Since the president-elect has been part and parcel of petroleum industry he now has the opportunity to take a holistic view of the Bill, especially the thorny issue of granting petroleum licenses which hitherto has been exercised by the Minister or by the President where the latter keeps the ministry in the presidency.  There are cases where these licenses were issued and traded off without any impact for which the licenses were issued in the first place.

Iyke  Ozemena

IKECHUKWU O. ODOEMELAM & CO                                                                                                 

  Corporate Attorneys/Consultants

Author:  DIRECTORS: Duties & Enforcement   | http://www.amazon.com/dp/B005783S6S    <P>     GUIDE TO FINAN$IAL $ECURITY   | http://www.amazon.com/dp/B005E

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LENDING A VOICE TO THE PASSAGE OF “PERSONS WITH DISABILITY BILL”
The speed with which executive bills are passed is for obvious reasons faster than private members bills. In the out-going seventh Assembly, just like its predecessors many important bills suffered undue delay.  Because of the rigorous processes of introducing private members bills it is highly unlikely to see the passage of bills from civil society organizations like ours or individual members of the public. The reason is just that for each bill to be listed on the legislative business of the day, priority has to be attached to the bill.  Unless legislators are lobbied and acquainted with the presentation of the bill no such priority can be accorded to the bill and therefore remains without any attention.  Besides, even if it gains any attention at all, it does so amidst pressure from other equally priority bills.
Some private members bills that have scaled through these preliminary hurdles and go for first reading may be opposed or talked out due to efflux ion of time. It may meet its Waterloo at debate stage when members might  not show any excitement  for the bill and consequent death.
When a couple of friends and I started a participatory civic platform called ‘Legislative Advancement Network’  we were just expressing readiness to contribute to the legislative processes and create a forum for political awareness especially among electorates.  The research demand was as enormous as its pecuniary commitment.  It was also a strategy to network with our legislators and constantly gauge the pulse of  their various constituencies.
We did that to show appreciation for those of us who consider ourselves free from disability although psychiatrist and psychopathic experts would disagree that individuals are totally free from any form of disability. That is why some traffic law breakers are sent to the psychiatrists after payment of N25,000.= fine in Lagos State. The offender ‘s brain would be ransacked to see what percentage of sanity is left!  That is a form of disability that a lot of  ‘healthy’ individuals would not like to admit.
In 2001 when we were excited by the nascent democracy,  we sent  a private members bill which sought legal protection for disabled persons across the nation; it also sought the mandatory audit and registration of these people; it also called the attention of legislators to their plight and unfriendly infrastructures and environment built and maintained by people without disability.  The second bill sought to decriminalize report of abandoned children and also sought protection, adoption and training for the victims.
We were sad that these modest effort to pay attention to our less-privileged fellow did not even fetch an acknowledgement, instead we were told that such proposed bills were required to be in large number of copies , probably the number of legislators in the house!  It is really sad if we can face  such situation.  It is in this context that the plight of people living with disabilities should elicit emotion and sympathy.  Why should  the bill suffer such long delay  when the world around us  are complying with UN prescriptions  on their welfare.  The passage of that bill is the minimum contribution our society is required to make towards the development of egalitarian community.
On this note we join those who have called on the legislators of the out-going assembly to include the “Persons with Disability Bill” among the urgent bills to be passed  before their exit.

Iyke Ozemena
IKECHUKWU O. ODOEMELAM & CO
Corporate Atorneys/Consultants

Author:  DIRECTORS: Duties & Enforcement   | http://www.amazon.com/dp/B005783S6S    <P>     GUIDE TO FINAN$IAL $ECURITY   | http://www.amazon.com/dp/B005E

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WINTER OF DISCONTENT IN BURUNDI
The legitimacy of a government emanates from the impeccability of the electoral system that produced it. Thus transparency, impartiality, conspicuous freedom and fairness are main qualities of an ideal electoral umpire.
Burundi, a small East African country with the size of 27,830 square meters with a population of about  10.37 million people was relatively peaceful until Wednesday morning, the 13th of May, 2015 when a coup attempt stirred the hornet’s nest.  President Pierre Nkurunziza was attending a meeting in Tanzania for the purpose of resolving the political impasse and protests against his third term bid.  The General took advantage of this temporary absence from the seat of power to announce the take over of his government by the ‘masses’.
When General Godfroid Niyombare announced through a private radio station, Bonesha FM that President Pierre Nkurunziza’s mandate was over, the first thing that seems apparent in one’s thought is the fate of the private radio station that provided the platform for the announcement of the foiled coup.  They must have run into the trouble of complicity of the crime of treasonable felony,  except that there may be available the defense of ‘use of force’ by those who invaded the radio station.
However, prior to the coup President Nkurunziza had scaled through all the challenging hurdles: (a) Party’s nomination – The National Council for the Defense of Democracy (CNDD-FDD) had sponsored Nkurunziza since 2005 when he was the sole presidential candidate that was latter selected by the parliament  to be the president . So it did not take much time for the party to endorse his candidacy.  (b) Constitutional interpretation:   The 2005 Constitution provided for popular election of the president for not more than 2 five-year tenure.
The unresolved issue that led to the protests against the president’s bid to present himself for the third term was whether that would violate the constitution?  On the face of it the constitution abhors that, allowing only for 2 five-year tenure which president Nkurunziza is about to complete in June 2015.  However, in order to qualify as a legitimate candidate he argued that in 2005 when he became president under the constitution he was selected by the parliament. For him he was not ‘popularly elected’ as required by the constitution.  And one wonders what can be more popular than being the only candidate selected by the people’s parliament?
He further argued that since he was not popularly elected as required by the constitution in his first term that ended in 2010, he commenced his ‘first’ term from 2010 when he was popularly elected till 2015.  His second term would therefore begin after being popularly elected again in June, w2015.  It was this contention that the Constitutional Court declared as the correct interpretation of the correct interpretation of the constitution. That would ordinarily put paid to the protest assuming that the people is governed under the rule of law.  However, there were claims that the court made the declaration under duress.  It was this claim that drove more protesters to the streets of Bujambura.
Like the Arab spring  the prolonged protests and constitutional crisis divided the military with a few led by General Niyombareh going for mutiny on behalf of the protesting masses, while those in support of president’s continuation foiled the coup. As General Godfroid Niyombareh fled  into hiding more heads are bound to roll.
Tenure elongation is not a new phenomenon especially in African continent; from Togo’s Nyasemgbe Eyadema, Uganda’s Museveni to Zimbabwe’s Robert Mugabe.  The most recent one in Mali failed as the hand writing was quite bold on the wall.  The tiny loopholes were often exploited to elongate current tenure just like Nkurunziza is doing even though protesters argue that with Arusha accord which Burundi is a signatory to, the total number of years a president  should spend on seat could not exceed 10 years.
On the part of  those who opted for a coup to oust him it must have been a huge miscalculation if one takes into account of the fact that the president is a product of the Brundian establishment. Apart from being home grown he rose through the rank and file of the civil service, having participated and suffered losses of relatives and materials during their civil war.  Up and till the time the controversy  over whether he had completed the constitutionally provided 2 terms arose he enjoyed the followership and support of majority of the people.  Therefore planning to oust such an incumbent head of state by coup should have been considered with a pinch of salt.
Finally, choosing between the constitutional provision already endorsed by the Constitutional Court equivalent to Supreme Court and the Arusha accord forbidding more than 10 years stay on the seat of power, I want to say that the Arusha accord which is a regional treaty, probably not domesticated by Burundian parliament is inferior to the constitution which is the ultimate grundnorm.    Be that as it may, it is becoming doubtful on daily basis if the June 2015 election result would be acceptable as transparent, free and fair.

Iyke Ozemena

IKECHUKWU O. ODOEMELAM & CO
Corporate Attorneys/Consultants

 

    

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		Author:  DIRECTORS: Duties & Enforcement   | http://www.amazon.com/dp/B005783S6S    <P>     GUIDE TO FINAN$IAL $ECURITY   | http://www.amazon.com/dp/B005E