By TINA TIMOTHY

Foundation for Environmental Rights, Advocacy & Development (FENRAD) Nigeria has urged the Abia State Government, to reconstitute the board of Abia State Oil Producing Areas Development Commission (ASOPADEC).

FENRAD, in a recent article signed by its Executive Director, Comrade Nelson Nnanna Nwafor and made available to News Express, also lamented that while other oil producing states receive between 50% to 70% allocation, Abia receives only 30%, which according to the civil society group, “is no longer tenable”.

“FENRAD Nigeria urge Abia State Government to constitute the ASOPADEC board and Review the legal framework establishing the commission.

“Foundation for Environmental Rights Advocacy and Development FENRAD is a Nigerian based Environmental Rights Advocate and campaigner for Environmental justice organization assert the following:

“The policies being adopted by the past Administration to run the Activities and operation of ASOPADEC is a serious concern to the civil society, community base organizations and other stakeholders prevalent in the oil producing areas which mandate the commission holds,” Comrade Nwafor wrote.

FENRAD ‘s Executive Director further decried that ASOPADEC “was not living up to the expectation of its core mandate” adding, “the commission has totally fallen short of compliance and implementation of the law that established it in 2009.”

The article continues: ”Foundation for Environmental Rights Advocacy and Development (FENRAD NIGERIA) being a civil society organization that is saddled with the duties of Advocacy and Environmental Rights/Justices has risen from series of consultations and appraisal sampling to submit that the commission was not living up to the expectation of its core mandate.

“Whereas the commission has totally fallen short of compliance and implementation of the law that established it in 2009 thereby depriving the beneficiary owners its services which the established commission by law seek to achieve.

“FENRAD NIGERIA has keenly noted with practical observation during its meet the people assessment visit that the commission was yet to implement the vital provisions of the law that established it.”

While making reference to the assented law that brought in ASOPADEC during the regime of the former governor, Theodore Orji, Nwafor said the law clearly stipulates how the 30% from the 13% derivation funds from federated account will be appropriated, the composition as well as the dissolution of the board of the commission and “also recommended that the commission shall have a common seal which shall have the legal ground to sue and be sued.”

The article continues: "It should be recalled that in 2009, the Abia State House of Assembly headed by Honorable Ude Ukochukwu passed into law called (LAW NO 9 OF 2009) that subsequently attracted the assent of the then Governor (His Excellency, Chief Theodore A. Orji) the assented law eventually brought in theformal existence of ASOPADEC.

“The law clearly stipulates how the 30% from the 13% derivation funds from federated account which aimed to fund the commission will be appropriated for the diversified wellbeing of the law recommended beneficiary owners or recipients.

“The law went further to recommend how the composition of the board of the commission will be carried out on a stipulated period of tenure of offices. In the event of the dissolution of the board, the law recommended that a sole administrator shall be appointed by the governor of the respective state and shall hold office for a period of three months during which the State House of Assembly shall screen nominated candidates of the would-be board whose list of nominees shall be forwarded to it by the governor of the state. This shall only last for a period of three months thereafter, a new board shall be reconstituted for fair, effective and evenly distributive representation.

“The law also recommended that the commission shall have a common seal which shall have the legal ground to sue and be sued.”

Nwafor expressed concern that the present administration of Dr Alex Otti is yet to fulfil its promise “to promote transparency, Accountability and inclusiveness” with regard to ASOPADEC, because according to him, “rather than do something different from the condemnable act of the previous administration headed by Dr. Okezie Ikpeazu worsened it with the appointment of GENERAL MANAGER which nomenclature or position is totally alien or unknown to the law that established ASOPADEC.”

Nwafor further wrote: “FENRAD NIGERIA is worried that in line with the campaign promise of Dr. Alex Otti Administration to promote transparency, Accountability and inclusiveness, the commission and its handlers have continued to default in its expectation of promoting transparency and adherence to his campaign promises thereby creating the impression to question its transparency and accountability which is the core pursuit of this administration and in line with the Niger Delta transparency index (NDTI) which study promote accountability and transparency in the managing of the proceeds of oil resources in the Niger Delta Region.

“FENRAD NIGERIA An Environmental Rights & Pro poor people centred organization is deeply worried that the current administration under the able leadership of His Excellency Dr. Alex Otti rather than do something different from the condemnable act of the previous administration headed by Dr. Okezie Ikpeazu worsened it with the appointment of GENERAL MANAGER which nomenclature or position is totally alien or unknown to the law that established ASOPADEC.

“The action of the previous administration that refused to reconstitute the board of ASOPADEC for over many year of self-same dissolution instead resorted to the use of SOLE ADMINISTRATOR to run a board that has the backing of legislation against the mandatory WILL of the beneficiary owners was being expected that the immediate successive government would had condemned it and in the same frequency reverted to theformer narrative to give credence to the new Abia everyone is longing for.”

The group consequently requested that the governor takes a more critical look into the laws of ASOPADEC with a view to reviewing and amending it, consult and collaborate with host communities more, ensure oversight by House of Assembly, and ensure constitution of the board, adding that “the aim of the establishment of the commission which seek to develop oil producing areas of Abia State shall keep dragging to the mud” if the provisions of the law are not adhered to by thestate actors.

“FENRAD NIGERIA have stakeholders’ consultation and collaboration with the respective vulnerable and short-changed communities in the oil & Gas host communities have resolved to make the following demands.

“The governor/Labour lead House of Assembly members with their team should take a look at law of ASOPADEC with a view to reviewing it to do the needful by allowing the law to guide his administrative procedures on ASOPADEC.

“The Abia State House of Assembly should be up to their sleeve by properly carrying out their oversight. In so doing, they should know that ASOPADEC LAW is overdue for review and attendant amendment as the socio-economic realities on ground is calling for expedient action on the amendment of the law.

“The above is important as the 30% allocation to ASOPADEC is no longer tenable since some states in the Niger Delta with PADEC status are already allocating 50% - 70%.

“The Abia State House of Assembly should ensure they exercise oversight on the Executive on the rationale behind adopting General Manager instead of Sole Administrator that is known to law of ASOPADEC and why the board of ASOPADEC hasn’t been constituted after many months the present administration took over.”

“Our view and practical approach to this is very necessary given total diversion from the provisions of the lawby thestate actors. Should this continue, the aim of the establishment of the commission which seek to develop oil producing areas of Abia State shall keep dragging to the mud,” he added.