Indigenous peoples’ demand for a better protection in Nigeria dates back to the colonial times. In all the three regions of the country, minority fears were wide-spread, precipitating the publication of various charters of demand. Such charters of demand began with the demands for the creation of the Calabar-Ogoja-Rivers State in the East and the creation of the Mid-West State in the West. Their counterparts in the Middle-Belt demanded the creation of a similar State as a sanctuary for the minorities in the North which they believed would guarantee their post-independence autonomy. They argued for constitutional safeguards as an alternative in pursuit of this objective. Through the medium of their newly founded political parties - United Middle Belt Congress (UMBC), the United Nigeria Independence Party
53Bonny Historical Society, ‘About Bonny Kingdom’ <https://www.bonnyhistoricalsociety.com/about-bonny- kingdom> accessed 4 October 2017.
54 U S Energy Information Administration, Country Analysis Brief: Nigeria (2016) 16
<https://www.marcon.com/librarycountry-briefsNigeria/nigeria.pdf> accessed 15 September 2017.
127
(UNIP) and the Borno Youth Movement (BYM) demanded that the problems of the minorities be resolved before independence. They advocated that the minority problems should be resolved either by new States being created, or the map of Nigeria should be redrawn to annul their minority status. The Niger Delta indigenous groups led by Late Chief Harold DappaBiriye also demanded that States should be created for the Niger Delta to allay their fears of domination by the majority tribes in the emergent Nigeria. Therefore, the subject of State creation was a turbulent one throughout the constitutional conferences of the early 1950s.
The colonial authorities ultimately set upa commission of inquiry headed by Sir Henry Willink in 1957 to look into the fears expressed by the minorities and make appropriate recommendationsand strengthen their confidence in the soon to be independent Nigeria State.55 Specifically, the terms of reference of the Commission were as follows:
1) To ascertain the facts about the fears of minorities in any part of Nigeria and to propose means of allaying those fears whether well or ill founded.
2) To advise what safeguards should be included for this purpose in the consultation of Nigeria.
3) If no other solution but as a last resort to make detailed recommendations for the creation of one or more new States and in that case:
a) to specify the precise area to be included in such a State or States;
b) to recommend the governmental and administrative structure most appropriate.
55 This commission became known as the Willink’sCommission.
128
c) to assess whether any State recommended would be viable from an economic and
administrative point of view and what the effect of its created and on the federation.
4) To report its findings and recommendations to the Secretary of States for the Colonies.
Among other recommendations, the Commission noted that the fears haboured by the minorities were genuine fears and the future was regarded with real apprehensionbut rejected the demands for State creation on two grounds, first, onthe potentially divisive character of State creation; and second, the cost and associated various implications involved in creation of new States. The Commission, instead, recommended thata “Bill of Rights” be included in the independence constitution as a way of promoting national integration and guaranteeing minority rights.
The Commission also recognized the Niger Delta area as a “special area” and recommended the establishment of the Niger Delta Development Board [NDDB] to address the developmental imbalance and special needs of the region. The Commission acknowledged the topography of the Niger Delta and its need for accelerated development, both infrastructural and economic.
The NDDB established under the 1960 Constitution has undergone several changes. Ever since the Willink’s Commission made its recommendation, indigenous people in the Niger Delta have continued to agitate for better economic, infrastructural and environmental conditions. Successive administrations in Nigeria have devised various programmes and interventions to address the demands of the indigenous people in the Niger Delta. In 1992, the NDDB was scrapped and in its place the Oil Mineral Producing Areas Development
129
Commission [OMPADEC] was established with the objectives of embarking on human and infrastructural development of the area. Due to certain administrative issues and non-performance, OMPADEC was scrapped and in its place, the Niger Delta Development Commission [NDDC] has been established. The core mandates of the NDDC include, among others, formulate policies and guidelines for the development of the Niger Delta area;56 to conceive, plan and implement projects and programmes for the sustainable development of the Niger Delta;57 and tackle the ecological and environmental problems that arise from oil exploration and exploitation in the Niger Delta and advise the Federal Government and the member States on the prevention and control of oil spillages, gas flaring and environmental pollution.58
4.4 The Indigenous People’s Experience
It is a notorious fact that series of pollution resulting from the activities of Oil and Gas industry no doubt has become visible problem of the terrain.
The United Nations Environment Programme [UNEP] carried out an environmental assessment of Ogoniland. The report of the study published in 201159 showed that despite the bogus claims of Shell Nigeria and other MNOCs that their operations meet international standards, they have violated the right of indigenous peoples to a healthy environment.
UNEPs field observations and scientific investigations reveal that oil contamination in Ogoniland is widespread and severely impacts different components of the environment.60 The study establishes that even though the oil industries are no longer active in Ogoniland, oil
56 Niger Delta Development Commission (Establishment, Etc) Act No. 6 of 2000 [NDDC Act], s 7(1)(a).
57Ibid, s 7(1)(b).
58Ibid, s 7(1)(k).
59 UNEP, Environmental Assessment of Ogoniland (UNEP, Nairobi Kenya 2011)
<https://www.pastconflict.uncp.ch/publications/OEA/UNEP_OEA_pdf> accessed 15 September 2017 [UNEP Report].
60UNEP Report, 9.
130
spills have continued to be a regular occurrence in the area.61 The report notes that the Ogoni people live with this pollution every day.62 In this segment, evidence from the UNEP Report showing MNOCs abysmal failure in observing environmental protection standards in their operations in the Niger Delta region of Nigeria are presented under the following headings: