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Illegal Bunkering Activities: the Hidden Truths Behind the Acts

Wednesday, 31 October 2007

Bunkering activities have become a thorn in the flesh and of great concern that requires drastic measures to be taken by the Nigerian government in other to salvage the loss, caused by such activities to the Nigerian economy. For the past six (6) years, we have consistently condemned illegal bunkering of crude oil and condensate in the Niger-Delta region. This, we have been doing without fear or favour through different channels like condemning such illegal activities in community forums, workshops, public seminars, write-ups on the website, daily tabloids, etc.

In such condemnations, we have always tried to portray things the way there are. For instance, it is on record that aside the local communities that are involved in this ugly trend, top government officials; the State Security Service (SSS), the Police, the Navy and the Army (military personnel) are all responsible for illegal bunkering in the Niger-Delta region. Let us understand that, no single barrel of crude oil or condensate can be moved out from the Niger-Delta region without the assistance and knowledge of the Nigerian security operatives (top echelon of the Nigerian military, Police and SSS mentioned above), and some powerful members of the communities in question. These individuals (known as the untouchables) have ensured their illegal activities through their connections, money spread to buy over the ordinary members of the communities, and as money bags, they decide who is to be in the ?executives of the local communities? to protect their interest. By sponsoring campaigns during elections, youths are bought-over to continue these unhealthy acts.

There are basically two methods or types of illegal bunkering activities prevalent in the region, the large-scale bunkering and the small-scale bunkering. Just as the name implies, the large-scale bunkering is the use of big vessels to move crude oil and condensate to overseas and within the country. These acts are usually perpetuated by top government officials and security operatives with knowledge of some powerful community members, like the missing ship saga and the allegations leveled against Gen. Zamani, past Commander of the Operation Restore Hope in the Niger-Delta.

Because of the large money involved, these 'crude oil/condensate thieves' invest so much in the Nigerian politics to ensure their illegal business. By sponsoring people into the executive arms of government, their illegal trade is protected from the claws of the law. This is the apex height of the whole bunkering issue, where top military personnel not lower than the rank of Commissioners of Police, Assistant Inspector Generals of Police (AIGs), Directors of SSS (State Security Service), Navy Commanders, Army Commanders and other top government officers, engage in this colossal damage of the Niger-Delta region.

Practically all the past Commanders for the Niger-Delta Joint Security Task Force (JSTF) also known as Operation Restore Hope, have enriched themselves through illegal bunkering. The only known commander, who has never had any report on illegal bunkering is Brigadier General Lawrence Ngubane, who was replaced recently. Basically to put him out of the way and have free access to crude oil and continue their wicked acts. It is important to note that indigenes of the local communities are also highly involved in this trade, because they aid these activities happening around them.

The lower-scale condensate bunkering involves the use of tankers, small containers and the rest to sell petrol on the road side to motorists and the killer kerosene for home use to individuals.

Some key personalities in the Police force like Divisional Police Officers (DPOs), Area Commanders and other security operatives are also involved in this 'small-scale' bunkering. As a matter of fact, military men and mobile police officers (with guns) are used to escort these tankers from 'bunkering centres' to various designated locations for onward sales. The petrol stations are not helping matters, for they get these petroleum products mixed with condensate and sell same to motorists. This unhealthy act later poses mechanical problems to car-owners, and the issue of 'killer kerosene' is also as result of these petrol stations patronising the condensate bunkerers.

It is funny to note that, when this campaign against illegal bunkering started six (6) years ago, people thought we were joking just because some top personalities were involved. Only recently, when reports of people dying as a result of 'kerosene explosions' and oil pipeline explosions, that it became obvious how serious the situation has turned out to be. Despite the reports on missing vessels every now and then, it appears the Nigerian governments (both state and federal) are not bothered. Even the several deaths recorded as a result of kerosene and pipelines explosions, the government has shown a lukewarm attitude towards the whole matter, probably because some politicians are involved. When reports and accusations begin to rise, they explode fake (counterfeit) vessels that are of less importance to them, to give the public the impression that they are working.

Like the recent three (3) vessels seized by the Nigerian Navy which included a Cotonou boat filled with condensate, opposite the Nigerian National Petroleum Corporation (NNPC) Refinery jetty in Warri Delta State.

However, the 'real' bunkering activities are continued under masked events in the media as pertains to the real people involved in the act.

Of all the reports, no known crude oil and condensate bunkerer has been jailed so far for engaging in illegal bunkering and pipeline vandalization in the country. The only existing legal framework checking the activities of illegal bunkering is the special tribunal (miscellaneous offences) Act cap. 410, Laws of the Federation of Nigeria 1984. Here, the description of the offence, the composition of the tribunal and penalties were defined. The law when it was enacted, was intended to 'create a number of miscellaneous offences with stiff penalties and to establish a tribunal for the trial of such offenders'.

Section 2 (2), specified the composition of the tribunal which has a judge of a high court as chairman, three other members of the armed forces not below the rank of a major or its equivalent, and a police officer as member. Subsection 7 deals with tampering with oil pipelines as an offence; Subsection 8 deals with unlawful importing or exporting of minerals or mineral ore simply refered to as 'illegal bunkering', Subsection 17 deals with unlawful dealing in petroleum, petroleum products and other drugs? while section 10 deals with how corporate bodies, persons in authority and other accomplices could be convicted alongside the culprits of the offence, the composition of the tribunal and penalties were defined. The provisions of this law depict a clear-cut approach on how to deal with the issues of pipeline vandalization, illegal bunkering and adulteration of petroleum products.

But the question now is, to what extent has this gone in stemming the tide of illegal bunkering and pipeline vandalization.

The truth of the matter is that, this law, though obsolete, is poorly enforced in Nigeria, no thanks to the need to shield some sacred cows from getting persecuted. The defective composition of the law, where you have to bring in serving military officers to be part of the tribunal only speaks one thing, to protect the interest of the top military personnel involved in illegal bunkering. Is it possible for a Major to prosecute a retired Army-General? Also, is it possible for a high court judge to oppose the opinion of four other military personnel in his tribunal?

The obvious answers are 'no'. The judge as the chairman is only used to rubber stamp a misplaced priority. Aside these problems of enforcing the law properly, the general public are not fully aware or understand the implications of this activity. This is because the government has not shown true sincerity of purpose over the issue of illegal bunkering by reviewing some aspects of the laws, and publish it in all known media out-lets, just like the Economic and Financial Crimes Commission (EFCC) has done with their laws on money laundering and other financial crimes. These bunkering activities if not properly checked with stringent implementations, a selected few will continue to get enriched, but deny the country of enormous revenue that would have been channeled into other positive developmental needs.

The oil companies are not helping matters at all by not pursuing with great attention, the cases of vandalized pipelines observed around their operations within the region. They should follow-up any identified case of illegal bunkering activity and see to it that the culprits involved are tried and prosecuted appropriately. On the part of the government, one of the ways to curb this illegal bunkering activity is to engage in providing social infrastructure such as good network of access roads and bridges from the riverine areas to the main lands. The essence of the whole thing is to contain the activities of these bunkerers (who operate under the shadow of the groves and the maze of inland water ways in the creeks) with the presence of state and federal infrastructures that would bring an influx of people.

Mention it, from Jones creeks to Forcados, to Odidi, to Egua, to Benisede, to Otumara, to Escravos, to Brass, to Kula, to Bonny are all shadow hide-outs that allows the illegal bunkering to thrive, due to the absence of basic needs of man to live comfortably, and this has resulted to the major cases of community grievances. It would be unthinkable to expect them to stay in an environment with abundant natural resources (crude oil) and while away in abject poverty.

However reasonable it is to punish persons who take it upon themselves to plunder the nation's wealth, government should play its part by providing some of these infrastructures enumerated above. Without these in place, the government and its agencies will not be justified to mete out punishment on persons who claim to be 'owners' of such resources and have chosen to take it by force through illegal bunkering. With the establishment of the Niger-Delta Development Commission (NDDC), whose legitimate and statutory obligation is to deliver these basic infrastructures, much is yet to be seen to justify their activities in the Niger-Delta region.

It is pertinent to note that, one of the reasons that intensify the illegal bunkering, especially at the Utorogu axis is the introduction of the Shell Integrated Pipeline Surveillance Service (IPSS) concept. This is coming from the hills that, the community are exposed to pipelines/flow lines and this exposure has created the opportunity for the community people to view illegal bunkering as the only way of benefiting from the 'national cake'. Their thinking is that, since their God-given lands produces the oil, condensate and natural gas that has become the economic life-line of Nigeria, then they have to be part of the ?booty?, whichever means they have to use to get it will be justified.

When Shell (SPDC) was about to implement the IPSS concept, we (NDPC) openly opposed and criticized it in workshops, seminars, media and write-ups to Shell, having known the danger ahead and the spill-over effects such concept might bring. But our advice was not taken seriously, now the truth has actually revealed itself, despite Shell's 'deaf-ears' to our advice. However, we commend the Community And Shell Together (CAST) initiative in the West. The Shell CAST adviser in the West, Mesh Maichibi, has displayed an embracing concept with the introduction of CAST as a means to drastically reduce illegal bunkering with its ?wide coverage consultation? that involves all stakeholders in the West. The wider consultation is an inbuilt room for views from surveillance contractors / personnel, the host communities, the media, the local government councils, States House of Assembly, state governments and the civil society including opinion leaders and the Royal Highnesses. We believe if the concept is judiciously pursued, positive results will abound.

Like we suggested earlier, the government should review the laws governing these activities to reflect modern trends since it appears the laws cannot hold much water. And such reviewed laws should be well published through different channels of the media, and properly enforced. To ensure this, a high powered Task force compromising the Department of Petroleum Resources (DPR) and some organs of the Civil Service should be instituted and empowered to prosecute offenders in a Tribunal established for this purpose. Such Tribunal, which could be headed by a High Court judge with a long standing record of transparency and honesty, should be infiltrated with opinion leaders, government representatives, officers of the DPR, the multinationals and NGOs. Verdicts of the tribunal should be handled by security operatives constituting the Army, Police, Navy, Air force and men of the Immigration department, while the government's role in the whole scheme should be supervisory and advisory in nature.

It is our belief that for the issue of illegal bunkering and pipeline vandalization, as well as hoarding of petroleum products or adulteration of these petroleum products to come to a stand still, drastic measures that are genuine, like the ones profered above, should be taken into consideration to end this nightmare. The apex government should not fold its hands and wish for the whole thing to stop, rather result-yielding steps should be taken immediately to bring to book, whoever is involved without fear or favour, for peace to prevail in the Niger-Delta region. It is only when the government and the oil companies play their parts effectively, that the people of the local communities in the Niger-Delta will ?respond? in a healthy manner. The Federal government of Nigeria should co-ordinate its federal Ministries, NDDC and the oil companies to harmonise developmental efforts of the region to better the lot of the people.

Zik Gbemre
National Coordinator
NIGER-DELTA PEACE COALITION

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