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BAYELSA STATE, IN THE EYE OF THE CONSTITUTION

December 30, 2008
According to chapter one, part one of the 1999 Constitution of the Federal Republic of Nigeria, certain criteria are necessary for the consideration of any area to be granted autonomy of statehood.  Some of such conditions include: that a request, supported by at least, two third majority of members [representing the area demanding the creation of the new state] in each of the: Senate and the House of Representatives, the House of Assembly in respect of the area, and the Local Government Councils in respect of the area, is received by the national Assembly.

Again, a proposal for the creation of the state is thereafter approved in a referendum by at least, two thirds majority of the people of the Area where the demand for creation of the state originated.

Others include that the result of the referendum is approved by a simple majority of all the states of the federation, supported by a simple majority of members of the Houses of Assembly, and the proposal  is approved by a resolution passed by two-third majority of members of each of the Houses of the National Assembly.

More so, the same Constitution says that for an area to be qualified to be a state, it must have a minimum of ten Local Government Areas, after having met all other conditions.

Bayelsa state, created by Nigeria’s late military dictator, General Sani Abacha, at inception, had three local government areas namely Brass, Yenagoa and Sagbama, with Yenagoa as the Capital. The name Bayelsa is an acronym formed from the names of the then three Local Government Areas of the state. Presently, in Bayelsa State, there are eight gazetted and Constitutionally recognized Local Government Areas.

On the 28th of December, 1999, the first Civilian Governor of the state, Chief Diepreye Alamieighsieagh made an attempt by creating additional twenty four[24] Local Government Areas, which are not gazetted also.
In his days as executive governor of the state, the present Vice President, Dr. Goodluck Jonathan created sixteen development centres, which are also not full fledged Local Government Areas.

Just recently, a lawmaker from the Niger Delta region, representing Degema /Boney Federal Constituency, of Rivers state, at the Federal House of Representatives, Hon. Sokonte Davies described Bayelsa as an illegal State, having only twelve Local Government Areas. The extent of validity of such a comment in the eyes of the law is that of the nation’s judiciary to interprete.
Worthy of note however, is the fact that the creation of the state was as a result of the need to address the problem of underdevelopment. Some of the reasons for the agitation for its creation were those of environmental degradation, occasioned by oil exploration and exploitation; continued neglect of the economic development of the area, political marginalization, among others. The area is currently among the least developed in the country, lacking any form of developmental amenity and infrastructure.

Undoubtedly, the creation of the state is not only a laudable idea, but also in the best interest of the nation. In fact, if it is possible, another state should be created out of the present day Bayelsa state to fast-track the developmental   process. The topography of the area makes it very expensive for infrastructural and developmental projects to be executed. The entire area is waterlogged and before any project is considered, strategies on how to fill up the selected areas are first considered.

This situation may have accounted for the low pace of development in the state. Yenagoa, the state Capital is a glorified village and is yet to be updated to a standard state Capital, especially, that of an oil producing state. Just like every other state in the Niger Delta region, Bayelsa is grossly marginalized in terms of sharing of the nation’s largesse and Oil boom.

However, there are lots of questions yawning for answers. First, since creation, despite the huge sums of money received by its successive administrations, is there much development in the state to actually bring succor to the people and justify its creation?

Again, apart from merely announcing the creation of development centres, what practical and radical steps have the successive governments  and people of Bayelsa taken to address the problem of creating Local government areas in the state?

More so, there appears to be no serious efforts to develop and build new cities in the state. To access the various Communities and Local Government areas in the state, water transport appears to be the only option, apart from the state Capital, Yenagoa. One now asks, what efforts are being made by the present administration in the state to develop the state?

The time has therefore come for the government and people of the state to sit back and think of how to better their lives, especially, now that the end to oil exploration in the Country is no longer far from our sight.

Bayelsa produced the incumbent Vice President of the Federal Republic of Nigeria. It is one of the beading oil producing states in Nigeria and deserves a better deal. It would be recalled that the road leading to the Country’s number two citizen, was not properly tarred during his father’s burial in February this year.

First, the Vice president should come to the aid of his people by taking urgent steps to ensure the gazetting of the additional Local government Areas, especially, now that the nation’s Constitution is about being reviewed. The Bayelsa case is a source of concern, as it is a matter of exigency, requiring urgent attention to save the state. Now that it is becoming a matter for public discourse, something must be done urgently. The Vice President must therefore save his state.

Again, the state requires funds for developmental projects, yet, over fifty billion naira and other property  of the state, allegedly recovered from its former governor, Chief Diepreye Alamieghsiea by the Economic and Financial Crimes Commission[EFCC] has not yet been returned to the state. If such money was actually recovered from ‘the peoples’ general,  why has it not been returned to the state. The Vice  President, should also query the whereabouts of the said money and ensure that it is returned to the state and used for developmental projects. The said money belongs to the state and not the Federal government.
More so, the Bayelsa state governor, Chief Timipre Sylva must adopt some elements of radicalism, toe the steps of both the former governor of Lagos State, Senator Bola Ahmed Tinubu, and the incumbent, Chief Fashola and conduct elections into all the designated Council areas in the state, with or without being gazetted. The same 1999 Constitution empowered the respective state governments in the Country to create Local governments, and as such, they must take their destiny in their hands. Lagos did it and it worked. Why not Bayelsa?
In addition, the incessant travels of the incumbent governor of the state, though, is said to be targeted at attracting investments to the state, could be minimized. The present administration should first take deliberate and concerted steps to ensure massive development of the state. When there is adequate infrastructure in the state, especially, good roads, life will be more meaningful to the people, business activities boom, internally generated revenue increased, then the environment would be attractive to foreign investors.

Also, there is need for massive infrastructural development of the state. The present administration must take deliberate, urgent and decisive steps to bring Bayelsa to the level and standard of an oil producing state. There is need for a physical and practical evidence of the fact that the state actually receives an allocation from the federation account.

More roads should be opened up to make the state accessible. The government should ensure that the various Local government Areas and Communities in the state are accessible by road, instead of the customary system of water transportation.

Portable drinking water is another serious challenge facing the people of the state. Unfortunately, not much has been done to address this problem as majority of the inhabitants of the state still drink untreated water from the River.
Furthermore, the state governor, Chief Timipre Sylva should wake up to the challenge of conducting  elections into the various Local Government Areas of the State, including the development centres, in order to fast- track the fulfillment of the legal requirements for continued existence as a State, before it becomes a matter for legal consideration. It shall also ensure that the dividends of democracy actually get to the rural people, thereby bringing government closer to them, in conformity with the objectives of creation the third tier of government.

Although, the state was created before the 1999 Constitution was drafted, and one would argue that it has been overtaken by events, what is worth doing is worth doing well. The time has come for the government and people of the state to rise up to this issue.

Final, there is need for transparent and credible leadership in the state, in order to allow the dividends of democracy, get to the masses’ doorsteps. Leadership is divine, inspirational, a call for service, and calls for sacrifice, instead of diversion of public funds for personal use.  God is watching.   

By Walter Duru 

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