Resolving Perennial Conflicts in the Crude Oil and Gas Rich Ekpetiama Kingdom: A Case Study of the Agudama Ekpetiama Impasse
Ekpetiama Kingdom
Distinguished Lecture by His Royal Majesty, King Bubaraye Dakolo, Agada IV, Ibenanaowei of Ekpetiama Kingdom, Bayelsa State, Nigeria.
Panelists: Denis Bikesha, Ph.D., Dean of School of Law and Lecturer of Law, University of Rwanda, School of Law, Gikondo Campus. His Royal Majesty, King Bubaraye Dakolo, Agada IV, Ibenanaowei of Ekpetiama Kingdom, Bayelsa State, Nigeria. Chair: Basil Ugorji, President and CEO, International Center for Ethno-Religious Mediation, New York.
Distinguished lecture delivered on October 31, 2018 at the 5th Annual International Conference on Ethnic and Religious Conflict Resolution and Peacebuilding held by the International Center for Ethno-Religious Mediation at Queens College, City University of New York, in partnership with the Center for Ethnic, Racial & Religious Understanding (CERRU).
Introduction
Agudama is one of the seven communities located along the crude oil and gas rich Nun River bank kingdom of Ekpetiama in the Niger River Delta region, state of Bayelsa, Nigeria. This community of about three thousand inhabitants suffered a fifteen year impasse, after the death of the community leader, due to succession as well as challenges of managing crude oil and gas proceeds. In addition to the myriad of court cases that followed, the conflict claimed some lives. Knowing that peace will engender the much needed development that has eluded the people for so long despite being endowed with oil and gas resources, the new king of Ekpetiama kingdom considered the restoration of peace in Agudama and all other parts of the kingdom a priority. The traditional Ekpetiama kingdom’s dispute resolution method was deployed. Relevant information about the imbroglio was extracted from parties at the palace of Agada IV Gbarantoru. Finally, a meeting of all parties as well as reasonable neutral observers from other communities in the kingdom was scheduled to take place at the palace of the new king for a win-win resolution of the conflict.
Amidst fears expressed by parties and sceptics, the Ibenanaowei’s (king’s) position left everyone fairly satisfied. Out of the four things the parties were required to accomplish as a reconciled people, two are being jointly implemented by all parties involved, while the third was fully accomplished at the kingdom’s New Yam Festival in June (Okolode) 2018. The other two requirements for the election and installation of a new community leader for Agudama are ongoing.
This is a case study of how, with sincerity of purpose, the traditional dispute resolution mechanism in Ekpetiama could be used to resolve perennial impasses that have defied western methods as applied in Nigeria. The usual outcome is a win-win. The Agudama case, which has lingered for fifteen years despite several British justice system style judgements, is being resolved with the Ekpetiama dispute resolution method.
Geography
Agudama is one of the seven communities located along the crude oil and gas rich Nun River bank kingdom of Ekpetiama in the Niger River Delta region, state of Bayelsa, Nigeria. It is the third Ekpetiama community following the flow direction of the Nun River, counting downstream from Gbarantoru, the most upstream town in the kingdom. Wilberforce Island is the name of the landmass on which Agudama is situated. Its extremely beautiful centuries old flora and fauna are largely still intact – virgin. Except in areas already bulldozed for modern roads and housing, or those cleared for oil and gas operations, and recently for the Bayelsa state airport. The estimated population of Agudama is about three thousand persons. The town is made up of three compounds, namely, Ewerewari, Olomowari and Oyekewari.
History of the Conflict
On December 23, 1972, Agudama got a new Amananaowei, His Royal Highness Turner Eradiri II who reigned until December 1, 2002, when he joined his ancestors. The Agudama stool is gazetted as a third class traditional stool in Bayelsa state. His Paliowei, Deputy Chief Awudu Okponyan then ruled as the acting Amananaowei of the town until 2004, when the demand for a new Amananaowei was made by the people. Because the town had been previously governed by an unwritten constitution, a request for a written constitution was accepted as a necessary first step. The constitution drafting process commenced on January 1, 2004. This gave rise to conflicts of interest, but on February 10, 2005, the community at its general meeting held at the town square moved a motion for the adoption of the Agudama draft constitution. This process generated agitations of all types which eventually brought in the government of Bayelsa state as a mediator.
The then chairman of the Traditional Rulers’ Council of Bayelsa state, HRM King Joshua Igbagara was made chairman of the Bayelsa state committee on Agudama, with a mandate of helping the community go through the processes of peacefully installing a new Amananaowei. The difficulties in getting everyone to accepting the new constitution delayed the process for some more months. However, on May 25, 2005 the adopted constitution was presented to Agudama community. At the same time a transition committee was also inaugurated, while all of the other structures, such as the chiefs council, community development committee (CDC), and so on, that the late Amananaowei left behind were dissolved. But about half of the affected persons refused the dissolutions. The acting Amananaowei, a critical character in the chain of events, accepted the new position and stepped aside for the five man transition committee to go about its work. In all, two and a half out of the three compounds in the town, consisting of about 85% of the community accepted the new position. After, the inauguration of an electoral committee (ELECO) took place on June 22, 2005 with people drawn from all the three compounds of Ewerewari, Olomowari and Oyekewari. The electoral committee went on to announce the sale of forms by using the local town crier as well as the Bayelsa state radio station. After a week of publicizing the elections, those who were opposed to the transition asked their loyalists to boycott the elections. They also announced their call for a total boycott using the state radio.
In spite of the boycott, the electoral committee conducted the elections on July 9, 2005 and then the Agudama king-makers installed the lone candidate and winner as the Amananaowei of Agudama – His Highness Imomotimi Happy Ogbotobo on July 12, 2005.
This outcome even led to many more conflicts. The state government was accused of bias by some members of the community. Court cases were quickly filed by those aggrieved persons that staged the election boycott. Counter suits were filed against them. Several cases of fisticuffs which later degenerated to reasonable scale violence also occurred. There were arrests and counter arrests initiated by the two factions. As the days went by more cases were filed and numerous persons charged for different criminal breaches. The civil suit challenging the processes that led to the emergence of the new Amananaowei was eventually determined against him to the disappointment of his teeming supporters. He lost the case in all ramifications. The court, in September 2012, annulled Happy Ogbotobo’s election as Amananaowei. Therefore, before the law and before all law abiding citizens of Agudama and beyond, he was never a chief even for one second. So he became like other Agudama indigenes who have never been Amananaowei. He was therefore not to be perceived or addressed as a former Amananaowei in Ekpetiama kingdom. This judgement brought the community administration back into the hands of the council that the late chief left behind. This position was also challenged in court but the verdict upheld that the council of the late Amananaowei should continue the administration of the town as nature abhors vacuum.
Crude oil and gas activities got to an all-time high in 2004 and 2005, as SPDC commenced the exploitation of their largest African onshore gas field. They started the Gbaran/Ubie multibillion dollar project in the Gbarain/Ekpetiama cluster. This brought with it the unprecedented opportunity of inflow of financial resources and equivalent community infrastructure development projects in Ekpetiama and Gbarain kingdoms, including Agudama.
Between 2005 when the ousted Amananaowei was elected and 2012 when the court annulled his reign, those community members who were opposed to him and his reign never recognized him as Amananaowei and so never obeyed him. There were several deliberate acts of insubordination against his tenure. So the court verdict which reversed the position only flipped the disdain for leadership. This time by a larger majority of the Agudama people. The loyalist of the former Amananaowei argue that they did not get the cooperation of the current community administrators and their supporters during their time so they too would not give theirs.
Previous Attempts at Resolving the Conflict
This impasse (of almost fifteen years old) has seen both feuding groups in Agudama making innumerable trips to the police stations in the southern zone of Nigeria, to the courts for civil and criminal trials, and also to the mortuary to secure or retrieve the dead. In a few instances, some persons attempted to settle the problems out of court, but none saw the light of day. Usually just at the nick of getting a truce one or two from any of the feuding sides would scuttle the proceedings and abort the effort.
When His Royal Majesty King Bubaraye Dakolo was enthroned as Ibenanaowei of Ekpetiama kingdom in 2016, mutual suspicion and rancour was at its peak among the Agudama people. But fully determined to resolve the imbroglio, he initiated discussions with all the groups in the community – the polarized and non-polarized alike for a few months after settling in. Consultations were extended to persons in other Ekpetiama kingdom communities who had relevant information on the conflict.
Several formal and informal sessions were held with the king at the palace of Agada IV. Relevant materials, such as court rulings and judgements, were presented from all sides to buttress their claims. The materials and oral evidence were carefully studied before the king resolved to bring them together in his palace for the first time in a long time.
Current Actions
2pm on April 17, 2018 was an acceptable time and date for all parties to come to the king’s palace for mediation/arbitration. Before the meeting, there were speculations and rumours about unfavorable and biased outcomes. Interestingly all parties were involved in the speculative outcome peddling. Eventually the appointed time came and His Royal Majesty King Bubaraye Dakolo, Agada IV, came and sat on his thrown.
He addressed the august gathering of about eighty persons. He looked at those facts that he felt all must acknowledge, and inferred that:
the courts, in September 2012, annulled Happy Ogbotobo’s election as Amananaowei – so in front of the law and before us as law abiding citizens of Agudama, we must acknowledge that he was not, and never was he a chief even for one second. So he is like any other person in Agudama who is not and has never been an Amananaowei. This implies that even if he is being addressed as chief, and that may have happened sometimes, that does not and cannot mean that he was a former Amananaowei in this kingdom according to the law. Chief Sir Bubaraye Geku is the chairman of Agudama Council. And this has been affirmed and reaffirmed by a competent court of law. That legitimizes his interim leadership of Agudama. And because we must move forward, and we must do so today, I believe you will agree that we all do so today. We must ALL rally around him. Let us all support his tenure for a better Agudama.
The king also looked at other key touchy issues such as the draft constitution. One party wanted a completely new constitution to be written all over again. But others said no and argued that the 2005 draft constitution should be upheld. The king maintained that it remains a draft because it is not fully assented to by the Agudama people and somebody could still challenge it if something is not done. He called on them to take a closer look to see how it contains their painstakingly written down collective will, and how it played a role in the ousting of Mr. Happy Ogbotobo from his illegal tenure. He asked: will it be wise to damn and cast it aside since it contains the labor and will of the Agudama People? Particularly for a reconciling people? A reconciled people? He said he would say no. No because we must make progress. No because no constitution in this world is perfect. Not even that of the United States of America! Of course, you keep hearing, first amendment and second amendment, etc.
The Pending Case at the Court of Appeal
There is still a pending case at the court of appeal in Port Harcourt. This has to be resolved as no new elections for Amananaowei could be conducted without first resolving any related matter in court.
The Ibenanaowei made a passionate appeal to all in the gathering on the need to put the pending case at the court of appeal in Port Harcourt on the spotlight. They shared in the king’s belief that the outcome of the pending case at the court of appeal in Port Harcourt will not solve any problem. Though it would give the winners, whosoever they may be, few minutes of pleasure that would change nothing for the better at Agudama. “So, if we love Agudama, we would end that case today. We should withdraw it. Let us go and withdraw it,” he reiterated. This was eventually accepted by all. The realization that the matter at the court of appeal in Port Harcourt if withdrawn could immediately pave way for elections was very exciting to many.
“My Demands of the Agudama People”
The king’s address on the way forward for the community was titled ‘my demands of the Agudama people’. He demanded of all to acknowledge and cooperate with the Chief Sir Bubaraye Geco led council as the legitimate government of Agudama and equally demanded that the Chief Sir Bubaraye Geco led council did the easy task of not discriminating against any Agudama person in his dealings with the town from that moment. He added that the council head shall also carry out the more difficult task of not seeming to discriminate against any Agudama person in his dealings with the town from that moment. This change in perception was very critical.
The king demanded that he would constitute an unbiased non-Agudama, Ekpetiama election committee to conduct the Agudama elections later in the year if all other demands are met. He also advised that the constitution of Agudama that was used and referred to in the judgement that annulled Mr Happy Ogbotobo’s election and reign be updated only cosmetically as this was not a time for fundamental changes.
In the spirit of rotation as entrenched in the constitution and to allow proper closure, brotherliness, fairness, genuine reconciliation of the Ekpetiama people of Agudama, and the love for the community, the election for the stool of the Amananaowei of Agudama should allow only candidates from Ewerewari and Olomowari. They were all encouraged to field or support candidates from these compounds and let someone that has proven genuine love for the community be elected. This proposition, as an interim position, is aimed at accommodating a broad spectrum of the Agudama people’s aspirations.
On Mr. Happy Ogbotobo
The ousted community leader, Mr. Happy Ogbotobo, was discussed too. He hails from Ewerewari compound. Since his election and reign were voided, it would only be fair for him to recontest if he so wishes and meets other criteria for election to the stool of Amananaowei of Agudama.
Conclusion
The Ibenanaowei finally gave the Agudama people three months to work together as one. He asked them to withdraw the pending appeal and support the present government. They were directed to jointly celebrate the Okolode in June 2018. They actually jointly presented the best festival group.
A promise of an election committee in a few months should they show readiness was made. The king underscored the fact that the hostilities were not a battle of titans, but a mere family squabble taken too far, and the traditional resolution method adopted was the best way to end family squabbles. Though some may have been disappointed but the king believes that Agudama should unite and work together and not think they could have it all. It is always a give and take, he emphasized. And this is the time to give and take. The session ended with the cultural slogan – Aahinhhh Ogbonbiri! Onua.
Recommendation
The Ekpetiama conflict resolution method which always looks at a win-win outcome has been the fulcrum for communal peace and coexistence from time immemorial and still holds true today as long as the umpire gives a listening ear and maintains sincerity of purpose.
The Bayelsa state government in particular and all other governmental bodies could sustain this practice by getting universities to properly research and document the practice, as well as use it to resolve the numerous pervading crude oil and gas induced conflicts in the Niger Delta and elsewhere.
