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THISDAYonline

Akwa-Ibom and Resource Control Victory
By Sherrif Balogun

"Come, let's build together. A time comes in the history of a people, a defining moment, where critical decisions have to be made; decisions which may shape the course of their history and create new frontiers of collective achievements. Having missed several opportunities in the past, it seems to me that for good people of Akwa-Ibom state, the appropriate time, that critical, defining moment in time is now".

The above were the words of the governor of Akwa-Ibom state, Obong Victor Attah who was telling the people of the state of his resolve to serve them faithfully despite all odds.

Since the birth of the present democratic dispensation, one issue that had defied acceptable resolution is the contentious Onshore/Offshore dichotomy. Before its eventual signing into law, it was like an intractable ailment which remained an endless albatross round the necks of President Olusegun Obasanjo and the governors of the littoral state.

It was, however, argued by some analysts who had reasoned that it was a subject that may be endless throughout the lifespan of the present administration.

In 2003, the Chief Tony Anenih-presidential committee was set-led up to find the political means of implementing the derivation aspect of the Supreme Court judgement on the Onshore/Offshore suit. Coming out with its report, it had suggested that only an amendment of the 1999 constitution abolishing the Onshore/Offshore dichotomy would bring a long term solution. It also recommended the passage of new laws as immediate remedial action.

The Supreme Court, had in April 2001, while delivering judgement in the suit the Federal government filed against the 36 states of the federation to determine the seaward boundary of a littoral state for the purpose of calculating revenue from natural resources, fundamentally restructure the federation account.

The apex court had ruled then that all revenues from natural resources offshore are wholly owned by the federal government as the seaward boundary of the littoral states is the low water mark of their land surface.

The bill, which seeks to bring a radical change to the existing Petroleum Act, when eventually passed by the National Assembly would greatly change the derivation principle, which has been in existence for so long; and also among the provisions, the bill seeks to distribute the ownership of natural resources between the local, state, as well as the federal tiers of government with the federal government having the least share of revenue accruing from such resources.

At a time, due to the prolonged refusal of the President to sign the bill into law, the governors of the oil-producing states, however, declared that President Obasanjo had no option than to sign the Onshore/Offshore Oil Dichotomy Abrogation Bill as already passed by the National Assembly.

They also stated that they had resolved not to leave the President with any alternative than to append his signature to the bill.

Governor Attah of Akwa-Ibom state was among the governors from the oil producing state who was in the forefront to the signing of the Onshore/Onshore Dichotomy Bill.

Attah's position on the issue was that "it is the only President that can answer the question as to why he does not want to sign the bill into law" He, however, explained the reasons for the President`s refusal to sign into law, the already passed bill.

"Mr President called us to a meeting of the governors from the region over the bill, he said he was not going to sign it, he said he was not ready to sign it and we tried to find out why he does not want to sign it and there was no answer. So I really don't know why he is not willing to sign the bill into law."

As a matter of fact, the refusal of the President to sign the Onshore/Offshore Bill was seen by many as a political conflict between him and the governors of the oil producing states. And as such, all interests within and outside the government were in support of a political solution to the fallout of the ruling by the apex court.

The Akwa-Ibom state governor taking up the fight against this backdrop, due to the refusal of the President to sign the much awaited resource control bill, the release of N390m as against the N600m interim benefits which the Federal government promised Akwa-Ibom state meant to cushion the adverse effects of the oil dichotomy pending its final abrogation was rejected by the governor, Obong Victor Attah.

Governor Victor who expressed disappointment with the money stated that "there was no basis for the deduction from the N600m pledged to the state since it was not a derivation fund." Furthermore, the governor, however, declared that the state and its people have been 'patient' enough saying that it has become difficult to contain their anger on the dichotomy issue.

The government and people of Akwa-Ibom state seeing that nothing was forthcoming from the federal government on the Onshore/Offshore Dichotomy Abrogation Bill face-off, decided to go spiritual on the issue as they held two prayer sessions since the Supreme Court judgement soliciting divine intervention to the debacle they have found themselves. They felt strongly on the issue, yet they appeared helpless.

Akwa-Ibom state would have been condemned to a perpetual zero allocation syndrome but for the re-introduction of the dichotomy between Onshore/Offshore oil production in the revenue sharing.

Eventually, in 2003, the much awaited Onshore/Offshore Dichotomy Abrogation Bill was signed into law by President Olusegun Obasanjo and the result of which brought smiles, not only to the faces of the government of the state but the people of the state as well.

Governor Attah in the tale end of his speech on the signing of the bill told the people of the state that " my pledge is to serve you faithfully."



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