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F'O{;RTII REpUBLIC
7TH XATTO~AL ASSEMBLY
THlRJ) SESSIO~
XO.61 987
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AND·p"o~eJ!·IJIN._·
Tuesday, 18 February, 2014
1. The House met at 12.15 p.m. Mr Deputy Speaker read the Prayers.
2. Votes and Proceedings:
Mr Deputy Speaker announced that he had examined and approved the printed copy of the Votes and
ProceedillgsofThursday, nFcQruary, 2014.
lJy unanimous consent, the Votes andProceedings was adopted.
3. Announcement:
Visitors ill the Gallery: .
Mr Deputy Speaker recognized the presence of the following:
(i) Staff and Pupils from Crest International Schools, Mararaba, Nasarawa State;
(ii) Members of Students' Representative Council, Students' Union Government, Federal University
of Technology, Akure, Ondo State;
(iii) Staff and Students of EcwA Academy, Kwo( Jaba Local Government Area, Kaduna State.
4. Petitions:
The following petitions were presented and laid by:
(i) Hon. Christophcr Sunday Eta tBoki/Ikom Federal Constituency) from:
Ca) D. D. Fiderikumo & Co., on behalf of Igbomotoru communities in Southern Ijaw Local
Government Area, Bayelsa State, praying the House to investigate the intimidation and
threat to lives and properties of the people of the communities by men of the Joint Task
Force (JTF);
Cb) Leonard Esegbue, praying the House to prevail on the Nigeria Police Pension Office to
recognise late Mr James O. Esegbue as a Police pensioner and pay his pension arrears
from the period of his exit till his death;
Cc) Rufus Ohiweri and 2 Others, on behalf of Maritime Industries Initiative, praying the
House to probe the activities of Lucky Amiwero and Chioma Itodo who are members of
the Ministerial Committee on Import Clearance Procedures and Implementation of Fiscal
Policies;
PRINTED BY NA T/ONAL ASSEMBLY PRESS, ABUJA
988 Tuesday, 18 February, 2014 :Xo.61
(iz) Hon. Chris Azubogu lNnewi North-South/Ekwusigo Federal Constituency), from:
(a) Nnamdi Chijioke Steve Aralu, praying the House to investigate the refusal by the Total
Exp Nigeria Limited to pay the bill. for his medical treatment, with a view to ensuring
justice; _~<~~:_ <~
(b) Juliet Ibekaku to redressliei''d~ill:i~al bY.Economic and Financial Crime Commission
(EFCC). f.·?~</ •
Petitions referred to the Committee on Publii"j!;itioizi.;
5. Matter of U;geritPubli~Iri:tpol1ari~e'~ '~. 1 f;"
Citing Sqmgin,g-.Order,VHI.; Rl}~ 46," Hon .•.Peter- Di)'€},GUlIl!pa (DClJ!lbf?q!IJ"?~zpIChiqokFederal
Constituency) Mew theattention of the House"t'6th1::killingsiIi his constifueil:cy irf13orno State between
December, 2013 and February, 2014. He noted that during the period, many soldiers and civilians were
killed in the area by theinenibers~ftheB6kOFarari1sec'.HetherefQr~urge~Ithe House to consider the
matter as one of urgent prtblic importartceand to suspena·Orde,; VIII, Rule4K(3) so that the matter could
be debated immediately.
Question that the matter be considered as one of urgent public importance, put and agreed to.," i ., .' r
. ~ '-
Question that the House do suspend Order VIII, Rule 46 (3) to enable it debate the matter forthwith, put
and agreed tc? '
Incessant Killing of Innocent Civilians by Gunmen ID Gwo~a, Damboaand Chibok Local
Government Areas between December, 2013 to February 2014:
The House:
Notes with concern the incessant killing of innocent civilians across villages and communities in
Gwoza, Damboa and Chibok Local GovernmentAreas of Borno State by Boko Haram insurgents;
Further notes that in Izge Village,9 Soldiers were killed, 106 civilians and many more were
abducted and taken as hostages when the gunmen attacked, the community;
•
Concerned that in Gava West and Gava East; 21 people Were killed and 150 houses burnt down;
while in Zalidva village, Sabongari, 14 people were killed and 30 houses destroyed during the
attacks;
Further concerned that in Ngoshe town, 46 people were killed, 30 houses were razed down, and
in Hambagda 7 people were killed and about 181 cattle taken away;
Disturbed that in Chinene village, 7 people were killed; in Kirawa town, 20 people were
murdered and 20 shops razed down; in Arboko village, 9 lives were lost and 84 houses razed,
and several primary and secondary schools as well as Police Stations were razed by the
insurgents; j
Further disturbed that in Ghraza village, 3 people were killed, 50 houses and other properties
worth millions of Naira were destroyed;
Alarmed that a total of about 120 places of worship were destroyed by the gunmen from
December 2013 to February 2014, including Mosques and Churches;
Further alarmed that the Emir of Gwoza's hOUSeat Jaje village, houses and places of worship in
Juba village were razed, food stuffs and properties valued at several millions of Naira were
destroyed;
Worried that 10 people in Wala ,~" and 3 people on Wala "E" were killed, houses razed and
properties worth several millions of Naira destroyed; Kwashere village in Pulka town was also
attacked, 2 people were killed and 93 cattle taken away;
~o. 61 Tuesday, 18 February, 2014 989
Also worried that in Ndufa village 6 deaths were recorded and 120 cattle taken away; in Pulka
town one person was killed and 8 people were abducted, and in Ngoshe Sarna village 18 people
were killed, 80 houses were razed, and 150 cattle taken away;
Further worried that in Damboa T .ocal Government Area, 14 people were killed ill. Kwapila
village, Kautikari village was also torched which led to the death of9 people; in Sabongari village
of Damboa 10 people were killed; Talala and Ajigin villages were also affected as several deaths
were recorded; and all the schools in Damboa have been destroyed by the insurgents;
Resolves to:
(I) Urge the relevant Security Agencies to immediately provide additional personnel with
necessary equipment to every village in the area;
(il) Call on ~ ational Emergency Management Agency to urgently provide relief materials
and shelter to the victims of these attacks;
(Ui) Commiserate with the people of the affected areas over the massacre (Hon. Peter Biye
Gumtha - Damboa/Gwoza/Chibok Federal Constituency).
Debate:
Amendments Proposed:
(I) In the Prayer (i), line 2, leave out the words "every village" and insert the words=strategic
locations" instead thereof (Hon. Abubakar Momolz - Etsako EastlWestlC entral Federal
Constituency) .
Question that the amendment be made, put and agreed to.
(ii) Insert a new Prayer (iv) as follows:
"Urge the President, Commander-in-Chief of the Armed Forces of the Federal Republic of
Nigeria to immediately relocate the Army Headquarters and the Chief of Army Staff to Borno
State" (Hon. Faleke lames Abiodun - Ikeja Federal Constituency).
Question that the amendment be made, put and agreed to.
(iU) Insert a new Prayer (v) as follows:
"Urge the Government of Cameroun to put a machinery in place to fight the hide-out of the
insurgents in that country failing which Nigerian forces should be authorized to pursue the
insurgents across the border wherever the needs arises" (Hon. Aliyu Sani Madaki - Dala Federal
Constituency).
Question that the amendment be made, put and negatived.
(iv) Insert a new Prayer (v) as follows:
"Urge the President, Commander-in-Chief of the Armed Forces of the Federal Republic of
Nigeria to urgently hold high-level diplomatic meetings with his colleagues from Niger Republic,
Chad Republic, and Republic of Cameroun, with a view to stemming the alleged involvement of
the nationals of these countries in the killings, failing which Nigeria would review her
relationship with these nations" (Hon. Peter O. Eden - Ezza North/Ishielu Federal
Constituency) .
Question that the amendment be made, put and agreed to.
Main Question as amended, put and agreed to.
The House:
Noted with concern the incessant killing of innocent civilians across villages and communities in
Gwoza, Damboa and Chibok Local Government Areas ofBorno State by Boko Haram insurgents;
990 Tuesday, 18 February, 2014 Xo.61
Further noted that in Izge Village, 9 Soldiers were killed, 106 civilians and many more were
abducted and taken as hostages when the gunmen attacked the community;
Concerned that in Gava West and Gava East, 21 people were killed and 150 houses burnt down;
while in Zalidva village, Sabongari, 14 people were killed and 30 houses destroyed during the
attacks; .
Further concerned that in Ngoshe town, 46 people were killed, 30 houses were razed down, and
in Hambagda 7 people were killed and about 181 cattle taken away;
Disturbed that in Chinene village, 7 people were killed; in Kirawa town, 20 people were
murdered and 20 shops razed down; in Arboko village, 9 lives were lost and 84 houses razed,
and several primary and secondary schools as weIl as Police Stations were razed by the
insurgents;
Further disturbed that in Ghraza village, 3 people were killed, 50 houses and other properties
worth millions of Naira were destroyed;
Alarmed that a total of about 120 places of worship were destroyed by the gunmen from
December 2013 to February 2014, including Mosques and Churches;
Further alarmed that the Emir of Gwoza's house at Jaje village, houses and places of worship in
Juba village were razed, food stuffs and properties valued at several millions of Xaira were
destroyed;
Worried that 10 people in Wala "A" and 3 people on Wala "B" were killed, houses razed and
properties worth several millions of Naira destroyed; Kwashere village in Pulka town was also
attacked, 2 people were killed and 93 cattle taken away;
Also worried that in Ndufa village 6 deaths were recorded and 120 cattle taken away; in Pulka
town one person was killed and 8 people were abducted, and in Ngoshe Sarna village 18 people
were killed, 80 houses were razed, and 150 cattle taken away;
Further worried that in Damboa Local Government Area, 14 people were killed in Kwapila
village, Kautikari village was also torched which led to the death of9 people; in Sabongari village
of Damboa 10 people were killed; Talala and Ajigin villages were also affected as several deaths
were recorded; and all the schools in Damboa have been destroyed by the insurgents;
Resolved to:
(i) Urge the relevant Security Agencies to immediately provide additional personnel with
necessary equipment to strategic locations in the area;
(ii) Call on ~ational Emergency Management Agency to urgently provide relief materials
and shelter to the victim of these attacks;
(iii) Commiserate with the people of the affected areas over the massacre;
(iv) Further urge the President, Commander-in-Chief of the Armed Forces Gf the Federal
Republic of Nigeria to immediately relocate the Army Headquarters and the Chief of
Army Staff to Borno State";
(v) Also urge the President, Commander-in-Chief of the Armed Forces of the Federal
Republic of Nigeria to urgently hold high-level diplomatic meetings with his colleagues
from Nigcr Republic, Chad Republic, and Republic of Cameroun, with a view to
stemming the alleged involvement of the nationals of these countries in the killings,
which "iEcria would review her relationship with these nations (HR. 2:::/2014)
:"0.61 Tuesday, 18 February, 2014 991
6. Presentation of Report:
Ad-hoc Committee 011 Cabotage Vessels Financing Funds (CVFf):
Motion made and Question proposed, "That this House do receive the Report of the Ad-hoc Committee
on the Investigation of the Cabotage Vessels Financing Funds (CVFF) (HR. 103/2013)" (Hon.
Christopher Sunday Eta - Boki/Ikom Federal Constituency).
Question put and agreed to.
Report laid.
7. Xccd to Appraise the Combat Readiness, Regimentation, Order and Welfare of the Xigcrian Armed
Forces:
Motion made and Question proposed:
The House:
Recognizes the services, contributions and dedication of men of the Armed Forces of the Federal Republic
of Nigeria in securing the country, preserving our sovereignty and guaranteeing the freedoms which the
Constitution provides for every citizen;
Also recognizes the role of the Armed Forces as provided in Section 217 (2) (a) - (d) that:
(2) The Federation shall, subject to an Act of the National Assembly made in that behalf,
equip and maintain the Armed Forces as may be considered adequate and effective for
the purpose of -
(a) defending Xigcria from external aggression;
(b) maintaining its territorial integrity and securing its borders from violation on
land, sea or air;
(c) suppressing insurrection and acting in aid of civil authorities to restore order
when called upon to do so by the President, but subject to such conditions as
may be prescribed by an Act of the National Assembly; and
(d) perform such other functions as may be prescribed by an Act of the Xational
Assembly;
Aware that the Constitution places on the Xational Assembly the responsibility of ensuring that :igeria
is equipped with a potent and effective Armed Forces that is able to fulfill its constitutional responsibilities
both locally and internationally;
Notes that given the precarious security situation in the country at the moment, it has become necessary
to review the preparedness of the nation's Armed Forces to tackle the existential security issues, in this
regard, budgetary allocations to Armed Forces since the return of democratic rule in 1999 needs to be
reviewed;
Understands that these allocations are meant to enhance the capacity of the Armed Forces and cater for
the welfare of its men;
Realises that defence expenditure had been on the increase since year 2009 when the country spent ?233
billion and became the 7th largest spender in Africa; in 2011, it went up to ?348 billion, earning Nigeria
the status of the 57th largest military spender in the world and the largest in the Economic Community
of West African States (ECOWAS); and in 2012, the Ministry of Defence received ?360 billion, while
it is proposed to receive ?355 billion in 2013;
992 tuesday, 18 February, 2014 :"0.61
Concerned that considering the huge sums usually appropriated for the Armed Forces, the welfare of its
men ought to be of the highest possible standard; however, this appears not to be so as was seemingly
admitted by the President during the passing out parade and commissioning of the Direct Short Service
Course 20 of the ~igerian ~avy at the Xigcrian Defence Academy in 2012 where he stated that the
welfare, equipment and professionalism of the nation's Armed Forces were nothing compared, to
international best practices;
Observes that the country might be sending its soldiers into harm's way by not properly kitting them with
the right materials needed; indeed it is alleged that men of the Armed Forces are made to kit themselves
from their meager earnings which results in lack of proper and quality kitting thereby lowering the
inspiration, morale and pride of the soldiers. Apart from the lack of appropriate Rucksacks and Assault
Packs, the right communication gadgets are usually not provided, thus endangering the lives of these men
when cutoff from their troop;
Bothered about the state of the nation's armory with regard to whether the nation has the capacity to cope
with the challenges of modern warfare; and also combat the sophistication of the 21st century terrorism
where terrorists possess long range weapons which present a clear danger to troops furnished with
outdated ammunition;
Worried about poor provision of logistics equipment such as adequate combat vehicles, Reeaclamaissance
Vehicles, Armorcd Personnel Carriers, Medical Evacuation Vehicles, General Utility Vehicles, etc.;
Further worried about the state of intelligence gathering due to the lack of modern communication
equipment which should aid real time satellite tracking of security threats, the absence of which seems
to have given the terrorists better advantage since it is obvious they are better able to predict the actions
of the security agencies;
Further mvare that the defence sector has enjoyed exemption from payment of import duties, Value
Added Tax (VAT), etc., under the Common External Tariff (CET) 2008 to 2012, which is assumed as
an opportunity for the country to acquire durable and superior ammunition and military gadgets;
Also bothered that in spite of the huge funding of the Defence sector, the country has recorded incessant
crashes of Military Aircrafts in recent years; for instance, on 28 January, 2005, a Fighter Plane crashed
in Yar Kanya, Kano State. Similarly, on 16 September, 2006, another Air Force plane crashed in Benue
State, on 15 December, 2012 a Military Helicopter crashed in Bayelsa State and sometime in 2013 an Air
Force Alpha Jet crashed in Niamey, Niger Republic;
Further concerned that it has even been alleged that some of the Fighter Jets sent to bomb terrorists camps
had issues with the failure of the bomb chambers to open for the release of the bombs;
Also concerned about the state of training and retraining of Force men for effective and smooth
coordination of intelligence, resources and equipment between the Armed Forces Security Services and
other relevant Agencies in the maritime sector, aviation sector and border security agencies in the
implementation of ?ational Defence Policy, as well as maintaining proper processes for civil/military
relationship;
Further recognizes the urgent need to ensure that there are properly trained Regimental Sergeant Majors
(RS:Ms)who will instill proper regimentation, order and discipline to bring our Armed Forces to the level
of a world class force;
Further notes that the loyalty and commitment of the Nigerian Armed Forces as at today is not comparable
to what obtained in the 1960s and 19705, when the welfare of the Military men were of topmost priority
to the government and of each Force Unit, and Force men were duly paid their benefits, such as the
Ration Cash Allowance (RCA);
Observes that the ?igerian Armed Forces have grown over the years and the existing infrastructure, such
as decent accommodation, training facilities and other social amenities cannot meet the present needs of
the Forces;
::"0.61 Tuesday, 18 February, 2014 993
Regrets the claims from different quarters that favoritism and ethnicity have penetrated the Xigerian
Armed Forces, to the extent that major postings are no longer made on merit, a situation that has led to
a breakdown of order, reduced competence and compromised the security objectives of the country;
Further regrets the unfortunate ill-treatment of officers who got injured in the line I)f duty arid the manner
with which the families and loved ones of soldiers who had fallen are treated. There have been complaints
that several officers who gave their lives for the country were neither given befitting burials nor were they
duly honoured;
Determined to ensure that the Xigerian Armed Forces is modern, compact, strong, professional,
mission-capable and mission-ready for the defense of our national territory, maritime interests, airspace
and the protection and defense of the Constitution of the Federal Republic of Xigeria and to contribute
to peace keeping duties worldwide under sub-regional and global organizations of which Nigeria is a
member; .
Resolves to:
Mandate the Committees on Defence, Army, Xavy, and Air Force to appraise the following:
(l) accommodation, salaries, and allowances in the Armed Forces;
(ii) kitting of officers of the Armed Forces;
(iil) regimentation, discipline and order in the Armed Forces;
(iv) training and retraining of Force men;
(v) postings and promotions in the Armed Forces;
(vi) the state of the Armored Corps;
(vii) armed Forces Logistics;"
(viii) military equipment andarmory; and
(ix) defence budget and expenditure from 1999 till date, and report back to the House within 4 weeks
(Ilon, Robinson Uwak= Oron/Mbo/Okobo/Udung Uko/Urue Offong/Oruko Federal Constituency
and 28 Others).
Debate:
Question put and negatived.
8. Consolidation of Bills:
(l) Motion made and Question proposed, "That a Bill for an Act to Amend the National Lottery Act
2005 to further Empower the Narional Lottery Regulatory Commission of Nigeria to carry-out
its Regulatory Functions, to bring the Lottery Business in Nigeria in line with best Practices and
for Other Matters Connected Therewith (lIB. 161)and a Bill for an Act to Amend the Xarional
Lottery Act, 2005 and for Other Matters Connected Therewith (lIB. 659) be now consolidated"
(Hon. Sunday Adeyemi Adepoju -lbarapa East/Ido Federal Constituency).
Question put and agreed to.
9. A Bill for an Act to Amend the Robbery and Firearms (Special Provisions) Act, Cap. R II LF::,
2004 (lIB. 659) - Second Reading:
Order read; by leave of the House, deferred.
994 Tuesday, 18 February, 2014 Xo.61
10. Consideration of Report:
Ad-hoc Committee on Malabu Oil and Gas Limited:
Motion made and Question proposed, "That this House do resume consideration of the Report of the
Ad-hoc Committee on Transaction involving the Federal Government and Shell/ Agip Companies and
Malabu Oil and Gas Limited in respect of Oil Block OPL 245 and approve the Recommendations. therein"
(lIon. Leo Ogor - lsoko North/Isoko South "Federal Constituency).
Question put and agreed to.
Question that the House do resolve into the Committee of the Whole to consider the Report, put and
agreed to.
(HOUSE IX COYlYlITTEE)
(Mr Deputy Speaker ill the Chair)
Recommendation (z):
"That the Federal Government of Nigeria should cancel OPL 245 recently granted to Shell Nigeria
Exploration and Production Company Ltd (S~EPCO) (50%) and AGIP (50%), as it was based on a highly
flawed 'Resolution Agreement' entered into between Malabu Oil and Gas, Shell Nigeria Exploration and
Production Company Ltd (S~EPCO) and Nigeria Agip Exploration Ltd (~AE) with the Federal
Government acting as Obligor. The 'Resolution Agreement' ceded away our National Interest and further
committed Nigeria to some unacceptable Indemnities and liabilities while acting as an Obligor. Indeed,
Clause 17 of the 'Resolution Agreement' commits the Federal Government of Nigeria to indemnify, and
even defend Shell Nigeria Ultra Deep Ltd (SXUD), Shell Nigeria Exploration and Production Company
Ltd (SXEPCO) and Nigeria Agip Exploration Ltd (~AE) from and against "all suits, proceedings,
claims, demands, losses and liability of any nature or kind, including but not limited to all litigation costs,
attorney's fees, settlement payments, damages and all other related c~sts and expenses, based on, arising
out of or in connection with" the 'Resolution Agreement' and or the issuance of the Oil Prospecting
License in respect of Block 245" (lIon. Leo Ogor - Isoko North/Isoko South Federal Constituency).
Amendments Proposed:
(a) In line 3, immediately after the word "agreement", insert the words "and contrary to the laws
of Xigcria" (lIon. Ali Ahmad - Ilorin East/Ilorin South Federal Constituency).
Question put and agreed to.
(b) In line 1, leave out the word "cancel" and insert the word "review" (lIon. Kamil Akinlade
Mudashiru - AfijiolAtiba EastlOyo West Federal Constituency).
Question that the amendment be made, put and negatived.
Recommendation (h):
"That the Federal Government through the Ministry of Petroleum Resources and the Office of the
Attorney-General of the Federation facilitates a new 'Resolution Agreement' in line with the Petroleum
Act, and the Indigenous Concession Programme (lCP) of Government that guided the initial allocation
of OPL 245 to Malabu Oil & Gas, as a situation where the 'Resolution Agreement' diverted 100% of the
beneficial ownership to two foreign based companies is contrary to our national aspirations. Indeed the
'Resolution Agreement' should acknowledge ~igeria's ~ational interest in the huge deposits existing in
the Block" (lIon. Leo Ogor - Isoko North/Isoko South Federal Constituency).
Question put and agreed to.
Recommendation (iiz):
"That the House should direct the Committees on Petroleum Resources (upstream), Petroleum Resources
(Downstream). Gas Resources and Local Content to liaise with theMinistry of Petroleum Resources to
make available a comprehensive list of similar ventures with Petroleum Sharing Agreement or contract
without Nigeria National Petroleum Corporation (~~PC) participation, for necessary remediation" (lIon.
Leo Ogor - lsoko North/Isoko South Federal Constituency).
:'0. 61 Tuesday, 18 February, 2014 995
Question put and agreed to.
Recommendation (iv):
"That AGIP Xigcria Agip Exploration Ltd (:AE) be formally censured or reprimanded by the House for
its role in the 'Resolution Agreement' which lacked. transparency and did not meet international best
business practises. The 'Resolution Agreement' was meant to resolve existing disputes between the various
parties, which even by AGIP's acknowledgment they are not party to the disputes, in the process, they
cornered 50% equity in Block 245" (IIon. Leo Ogor -rr: Isoko North/Isoko South Federal Constituency).
Question put and agreed to.
Recommendation (v):
"That Shell Xigcria Ultra Deeps (SXC'D) be censured or reprimanded by the House for its lack of
transparency and full disclosure in its bid to acquire OPL 245" (IIon. Leo Ogor - Isoko Northllsoko
South Federal Constituency).
Question put and agreed to.
Recommendation (VI):
"That the ownership structure of Malabu Oil and Gas Ltd flowing from our findings and the Economic
and Financial CrimesCommission (EFCC)'s interim report, is as follows:,., ....:
(a) Mohammed Sani (Abacha) (or his Successors in title) - 50%,
(b) Kweku Amafegha (Dan Etcte) (or his Successors in title) - 30%, and
(c) Pecos Energy Ltd - 20 % ,
Consequently, the Office of the Attorney General of the Federation, the Ministry of Petroleum Resources,
and the Ministry of Finance should take this into consideration in any dealings with respect to OPL 245"
(1lon. Leo OgO!"- Isoko Nortlzllsoko South Federal Constituency).
Question put and agreed to.
Recommendation (viiy:
"That the :igeria Police should take over the on-going investigation on the matter of forgery and
alteration of documents indicting some Directors of Malabu Oil & Gas Ltd who resigned their positions
or transferred their appointments or shares without authorisation, and initiate prosecution of any person
indicted" (IIon. Leo Ogor - Isoko Nortli/Isoko South Federal Constituency).
Question put and agreed to.
Recommendation (viii):
"That in line with global best practices, accountability and transparency, individuals and financial
institutions linked with and found culpable by the Economic and Financial Crimes Commission (EFCC)
of receiving and transferring money unlawfully with respect to or arising out of the 'Resolution
Agreement', should he charged to an appropriate court of competent jurisdiction, and any such monies
unlawfully transferred should be recoveree!" (IIon. Leo Ogor - Isoko North/Isoko South Federal
Constituency) .
Amendment Proposed:
In line 1, immediately after the words" financial institutions" insert the words "(First Bank of Nigcna Plc,
and Keystone Bank Plc)" (lIon. Leo Ogor - Isoko North/Isoko Southl/ederol Constituency).
Question that the amendment be made, pill and agreed to.
996 Tuesday, 18 February, 2014 , Xo.61
Recommendation (ir):
"That in redrafting a new 'Resolution Agreement', Nigeria's tax laws should be respected, and
consequently where applicable, the Federal Inland Revenue Service (FIRS) should take all necessary steps
to impose Capital Gains Tax on Shell (Shell Nigeria Exploration and Production Company Ltd (SXEPCO)
- Shell Nigeria Ultra Deep Limited (SXUD). transaction as the payment or reimbursement of
$355,000,000 from Shell NigeriaExploration and Production Company Ltd (SXEPCO) to Shell Nigeria
Ultra Deep Limited (SXUD) as contained in the 'Resolution Agreement' is clear evidence of some form
of alienation or transfer of interest that satisfies the requirement for tax purposes" (Hon. Leo Ogor -
lsoko Northllsoko South Federal Constituency).
Question put and agreed to.
Chairman to report proceedings.
(HOUSE IX PLENARy)
Mr Deputy Speaker in the Chair, reported that the House in Committee of the Whole resumed
consideration of the Report of the Ad-hoc Committee on Transaction involving the Federal Government
and Shell!Agip Companies and Malabu Oil and Gas Limited in 'respect of Oil Block OPL 245 and
approved Recommendations (i) as amended, approved Recommendations (ii) - (viz), approved
Recommendation (viii) as amended, and approved Recommendation (ix).
Question that the House do adopt the Report of the Committee of the Whole, put and agreed to.
11. Adjournment:
That the House do adjourn till Wednesday, 19 February, 2014 at 11.00 a.m. tHon. Leo Ogor - Deputy
House Leader).
The House adjourned accordingly at 2.09 p.m.
Chukwuemeka Nkem Ihedioha
Deputy Speaker
CORRIGEllJL'"M
In the Votes and Proceedings of Thursday , 13 February, 2014, on page 977, item 4 (i), immediately after
the last sentence, insert the following words:
"He therefore urged the House to consider the matter as one of urgent public importance and to suspend
Order VIII, Rule 46 (3) to enable it be debated immediately".

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Nigeria, ecco il pasticcio africano dell'Eni

  • 1. F'O{;RTII REpUBLIC 7TH XATTO~AL ASSEMBLY THlRJ) SESSIO~ XO.61 987 _.:...';....,_~J ll~tJSE1F.D~'~~........'SE~tJtlnzS. tkD: " At B ·';'<;lIC (JFNtUEIIA':.' '.: '•• ::- .-',.'> ," ...,;.,:. , -~:- ~,," ~'- ;;'--: ", /'.J" "",":- :. :'::'.," --~:.: :.-":,- ~- ", AND·p"o~eJ!·IJIN._· Tuesday, 18 February, 2014 1. The House met at 12.15 p.m. Mr Deputy Speaker read the Prayers. 2. Votes and Proceedings: Mr Deputy Speaker announced that he had examined and approved the printed copy of the Votes and ProceedillgsofThursday, nFcQruary, 2014. lJy unanimous consent, the Votes andProceedings was adopted. 3. Announcement: Visitors ill the Gallery: . Mr Deputy Speaker recognized the presence of the following: (i) Staff and Pupils from Crest International Schools, Mararaba, Nasarawa State; (ii) Members of Students' Representative Council, Students' Union Government, Federal University of Technology, Akure, Ondo State; (iii) Staff and Students of EcwA Academy, Kwo( Jaba Local Government Area, Kaduna State. 4. Petitions: The following petitions were presented and laid by: (i) Hon. Christophcr Sunday Eta tBoki/Ikom Federal Constituency) from: Ca) D. D. Fiderikumo & Co., on behalf of Igbomotoru communities in Southern Ijaw Local Government Area, Bayelsa State, praying the House to investigate the intimidation and threat to lives and properties of the people of the communities by men of the Joint Task Force (JTF); Cb) Leonard Esegbue, praying the House to prevail on the Nigeria Police Pension Office to recognise late Mr James O. Esegbue as a Police pensioner and pay his pension arrears from the period of his exit till his death; Cc) Rufus Ohiweri and 2 Others, on behalf of Maritime Industries Initiative, praying the House to probe the activities of Lucky Amiwero and Chioma Itodo who are members of the Ministerial Committee on Import Clearance Procedures and Implementation of Fiscal Policies; PRINTED BY NA T/ONAL ASSEMBLY PRESS, ABUJA
  • 2. 988 Tuesday, 18 February, 2014 :Xo.61 (iz) Hon. Chris Azubogu lNnewi North-South/Ekwusigo Federal Constituency), from: (a) Nnamdi Chijioke Steve Aralu, praying the House to investigate the refusal by the Total Exp Nigeria Limited to pay the bill. for his medical treatment, with a view to ensuring justice; _~<~~:_ <~ (b) Juliet Ibekaku to redressliei''d~ill:i~al bY.Economic and Financial Crime Commission (EFCC). f.·?~</ • Petitions referred to the Committee on Publii"j!;itioizi.; 5. Matter of U;geritPubli~Iri:tpol1ari~e'~ '~. 1 f;" Citing Sqmgin,g-.Order,VHI.; Rl}~ 46," Hon .•.Peter- Di)'€},GUlIl!pa (DClJ!lbf?q!IJ"?~zpIChiqokFederal Constituency) Mew theattention of the House"t'6th1::killingsiIi his constifueil:cy irf13orno State between December, 2013 and February, 2014. He noted that during the period, many soldiers and civilians were killed in the area by theinenibers~ftheB6kOFarari1sec'.HetherefQr~urge~Ithe House to consider the matter as one of urgent prtblic importartceand to suspena·Orde,; VIII, Rule4K(3) so that the matter could be debated immediately. Question that the matter be considered as one of urgent public importance, put and agreed to.," i ., .' r . ~ '- Question that the House do suspend Order VIII, Rule 46 (3) to enable it debate the matter forthwith, put and agreed tc? ' Incessant Killing of Innocent Civilians by Gunmen ID Gwo~a, Damboaand Chibok Local Government Areas between December, 2013 to February 2014: The House: Notes with concern the incessant killing of innocent civilians across villages and communities in Gwoza, Damboa and Chibok Local GovernmentAreas of Borno State by Boko Haram insurgents; Further notes that in Izge Village,9 Soldiers were killed, 106 civilians and many more were abducted and taken as hostages when the gunmen attacked, the community; • Concerned that in Gava West and Gava East; 21 people Were killed and 150 houses burnt down; while in Zalidva village, Sabongari, 14 people were killed and 30 houses destroyed during the attacks; Further concerned that in Ngoshe town, 46 people were killed, 30 houses were razed down, and in Hambagda 7 people were killed and about 181 cattle taken away; Disturbed that in Chinene village, 7 people were killed; in Kirawa town, 20 people were murdered and 20 shops razed down; in Arboko village, 9 lives were lost and 84 houses razed, and several primary and secondary schools as well as Police Stations were razed by the insurgents; j Further disturbed that in Ghraza village, 3 people were killed, 50 houses and other properties worth millions of Naira were destroyed; Alarmed that a total of about 120 places of worship were destroyed by the gunmen from December 2013 to February 2014, including Mosques and Churches; Further alarmed that the Emir of Gwoza's hOUSeat Jaje village, houses and places of worship in Juba village were razed, food stuffs and properties valued at several millions of Naira were destroyed; Worried that 10 people in Wala ,~" and 3 people on Wala "E" were killed, houses razed and properties worth several millions of Naira destroyed; Kwashere village in Pulka town was also attacked, 2 people were killed and 93 cattle taken away;
  • 3. ~o. 61 Tuesday, 18 February, 2014 989 Also worried that in Ndufa village 6 deaths were recorded and 120 cattle taken away; in Pulka town one person was killed and 8 people were abducted, and in Ngoshe Sarna village 18 people were killed, 80 houses were razed, and 150 cattle taken away; Further worried that in Damboa T .ocal Government Area, 14 people were killed ill. Kwapila village, Kautikari village was also torched which led to the death of9 people; in Sabongari village of Damboa 10 people were killed; Talala and Ajigin villages were also affected as several deaths were recorded; and all the schools in Damboa have been destroyed by the insurgents; Resolves to: (I) Urge the relevant Security Agencies to immediately provide additional personnel with necessary equipment to every village in the area; (il) Call on ~ ational Emergency Management Agency to urgently provide relief materials and shelter to the victims of these attacks; (Ui) Commiserate with the people of the affected areas over the massacre (Hon. Peter Biye Gumtha - Damboa/Gwoza/Chibok Federal Constituency). Debate: Amendments Proposed: (I) In the Prayer (i), line 2, leave out the words "every village" and insert the words=strategic locations" instead thereof (Hon. Abubakar Momolz - Etsako EastlWestlC entral Federal Constituency) . Question that the amendment be made, put and agreed to. (ii) Insert a new Prayer (iv) as follows: "Urge the President, Commander-in-Chief of the Armed Forces of the Federal Republic of Nigeria to immediately relocate the Army Headquarters and the Chief of Army Staff to Borno State" (Hon. Faleke lames Abiodun - Ikeja Federal Constituency). Question that the amendment be made, put and agreed to. (iU) Insert a new Prayer (v) as follows: "Urge the Government of Cameroun to put a machinery in place to fight the hide-out of the insurgents in that country failing which Nigerian forces should be authorized to pursue the insurgents across the border wherever the needs arises" (Hon. Aliyu Sani Madaki - Dala Federal Constituency). Question that the amendment be made, put and negatived. (iv) Insert a new Prayer (v) as follows: "Urge the President, Commander-in-Chief of the Armed Forces of the Federal Republic of Nigeria to urgently hold high-level diplomatic meetings with his colleagues from Niger Republic, Chad Republic, and Republic of Cameroun, with a view to stemming the alleged involvement of the nationals of these countries in the killings, failing which Nigeria would review her relationship with these nations" (Hon. Peter O. Eden - Ezza North/Ishielu Federal Constituency) . Question that the amendment be made, put and agreed to. Main Question as amended, put and agreed to. The House: Noted with concern the incessant killing of innocent civilians across villages and communities in Gwoza, Damboa and Chibok Local Government Areas ofBorno State by Boko Haram insurgents;
  • 4. 990 Tuesday, 18 February, 2014 Xo.61 Further noted that in Izge Village, 9 Soldiers were killed, 106 civilians and many more were abducted and taken as hostages when the gunmen attacked the community; Concerned that in Gava West and Gava East, 21 people were killed and 150 houses burnt down; while in Zalidva village, Sabongari, 14 people were killed and 30 houses destroyed during the attacks; . Further concerned that in Ngoshe town, 46 people were killed, 30 houses were razed down, and in Hambagda 7 people were killed and about 181 cattle taken away; Disturbed that in Chinene village, 7 people were killed; in Kirawa town, 20 people were murdered and 20 shops razed down; in Arboko village, 9 lives were lost and 84 houses razed, and several primary and secondary schools as weIl as Police Stations were razed by the insurgents; Further disturbed that in Ghraza village, 3 people were killed, 50 houses and other properties worth millions of Naira were destroyed; Alarmed that a total of about 120 places of worship were destroyed by the gunmen from December 2013 to February 2014, including Mosques and Churches; Further alarmed that the Emir of Gwoza's house at Jaje village, houses and places of worship in Juba village were razed, food stuffs and properties valued at several millions of Xaira were destroyed; Worried that 10 people in Wala "A" and 3 people on Wala "B" were killed, houses razed and properties worth several millions of Naira destroyed; Kwashere village in Pulka town was also attacked, 2 people were killed and 93 cattle taken away; Also worried that in Ndufa village 6 deaths were recorded and 120 cattle taken away; in Pulka town one person was killed and 8 people were abducted, and in Ngoshe Sarna village 18 people were killed, 80 houses were razed, and 150 cattle taken away; Further worried that in Damboa Local Government Area, 14 people were killed in Kwapila village, Kautikari village was also torched which led to the death of9 people; in Sabongari village of Damboa 10 people were killed; Talala and Ajigin villages were also affected as several deaths were recorded; and all the schools in Damboa have been destroyed by the insurgents; Resolved to: (i) Urge the relevant Security Agencies to immediately provide additional personnel with necessary equipment to strategic locations in the area; (ii) Call on ~ational Emergency Management Agency to urgently provide relief materials and shelter to the victim of these attacks; (iii) Commiserate with the people of the affected areas over the massacre; (iv) Further urge the President, Commander-in-Chief of the Armed Forces Gf the Federal Republic of Nigeria to immediately relocate the Army Headquarters and the Chief of Army Staff to Borno State"; (v) Also urge the President, Commander-in-Chief of the Armed Forces of the Federal Republic of Nigeria to urgently hold high-level diplomatic meetings with his colleagues from Nigcr Republic, Chad Republic, and Republic of Cameroun, with a view to stemming the alleged involvement of the nationals of these countries in the killings, which "iEcria would review her relationship with these nations (HR. 2:::/2014)
  • 5. :"0.61 Tuesday, 18 February, 2014 991 6. Presentation of Report: Ad-hoc Committee 011 Cabotage Vessels Financing Funds (CVFf): Motion made and Question proposed, "That this House do receive the Report of the Ad-hoc Committee on the Investigation of the Cabotage Vessels Financing Funds (CVFF) (HR. 103/2013)" (Hon. Christopher Sunday Eta - Boki/Ikom Federal Constituency). Question put and agreed to. Report laid. 7. Xccd to Appraise the Combat Readiness, Regimentation, Order and Welfare of the Xigcrian Armed Forces: Motion made and Question proposed: The House: Recognizes the services, contributions and dedication of men of the Armed Forces of the Federal Republic of Nigeria in securing the country, preserving our sovereignty and guaranteeing the freedoms which the Constitution provides for every citizen; Also recognizes the role of the Armed Forces as provided in Section 217 (2) (a) - (d) that: (2) The Federation shall, subject to an Act of the National Assembly made in that behalf, equip and maintain the Armed Forces as may be considered adequate and effective for the purpose of - (a) defending Xigcria from external aggression; (b) maintaining its territorial integrity and securing its borders from violation on land, sea or air; (c) suppressing insurrection and acting in aid of civil authorities to restore order when called upon to do so by the President, but subject to such conditions as may be prescribed by an Act of the National Assembly; and (d) perform such other functions as may be prescribed by an Act of the Xational Assembly; Aware that the Constitution places on the Xational Assembly the responsibility of ensuring that :igeria is equipped with a potent and effective Armed Forces that is able to fulfill its constitutional responsibilities both locally and internationally; Notes that given the precarious security situation in the country at the moment, it has become necessary to review the preparedness of the nation's Armed Forces to tackle the existential security issues, in this regard, budgetary allocations to Armed Forces since the return of democratic rule in 1999 needs to be reviewed; Understands that these allocations are meant to enhance the capacity of the Armed Forces and cater for the welfare of its men; Realises that defence expenditure had been on the increase since year 2009 when the country spent ?233 billion and became the 7th largest spender in Africa; in 2011, it went up to ?348 billion, earning Nigeria the status of the 57th largest military spender in the world and the largest in the Economic Community of West African States (ECOWAS); and in 2012, the Ministry of Defence received ?360 billion, while it is proposed to receive ?355 billion in 2013;
  • 6. 992 tuesday, 18 February, 2014 :"0.61 Concerned that considering the huge sums usually appropriated for the Armed Forces, the welfare of its men ought to be of the highest possible standard; however, this appears not to be so as was seemingly admitted by the President during the passing out parade and commissioning of the Direct Short Service Course 20 of the ~igerian ~avy at the Xigcrian Defence Academy in 2012 where he stated that the welfare, equipment and professionalism of the nation's Armed Forces were nothing compared, to international best practices; Observes that the country might be sending its soldiers into harm's way by not properly kitting them with the right materials needed; indeed it is alleged that men of the Armed Forces are made to kit themselves from their meager earnings which results in lack of proper and quality kitting thereby lowering the inspiration, morale and pride of the soldiers. Apart from the lack of appropriate Rucksacks and Assault Packs, the right communication gadgets are usually not provided, thus endangering the lives of these men when cutoff from their troop; Bothered about the state of the nation's armory with regard to whether the nation has the capacity to cope with the challenges of modern warfare; and also combat the sophistication of the 21st century terrorism where terrorists possess long range weapons which present a clear danger to troops furnished with outdated ammunition; Worried about poor provision of logistics equipment such as adequate combat vehicles, Reeaclamaissance Vehicles, Armorcd Personnel Carriers, Medical Evacuation Vehicles, General Utility Vehicles, etc.; Further worried about the state of intelligence gathering due to the lack of modern communication equipment which should aid real time satellite tracking of security threats, the absence of which seems to have given the terrorists better advantage since it is obvious they are better able to predict the actions of the security agencies; Further mvare that the defence sector has enjoyed exemption from payment of import duties, Value Added Tax (VAT), etc., under the Common External Tariff (CET) 2008 to 2012, which is assumed as an opportunity for the country to acquire durable and superior ammunition and military gadgets; Also bothered that in spite of the huge funding of the Defence sector, the country has recorded incessant crashes of Military Aircrafts in recent years; for instance, on 28 January, 2005, a Fighter Plane crashed in Yar Kanya, Kano State. Similarly, on 16 September, 2006, another Air Force plane crashed in Benue State, on 15 December, 2012 a Military Helicopter crashed in Bayelsa State and sometime in 2013 an Air Force Alpha Jet crashed in Niamey, Niger Republic; Further concerned that it has even been alleged that some of the Fighter Jets sent to bomb terrorists camps had issues with the failure of the bomb chambers to open for the release of the bombs; Also concerned about the state of training and retraining of Force men for effective and smooth coordination of intelligence, resources and equipment between the Armed Forces Security Services and other relevant Agencies in the maritime sector, aviation sector and border security agencies in the implementation of ?ational Defence Policy, as well as maintaining proper processes for civil/military relationship; Further recognizes the urgent need to ensure that there are properly trained Regimental Sergeant Majors (RS:Ms)who will instill proper regimentation, order and discipline to bring our Armed Forces to the level of a world class force; Further notes that the loyalty and commitment of the Nigerian Armed Forces as at today is not comparable to what obtained in the 1960s and 19705, when the welfare of the Military men were of topmost priority to the government and of each Force Unit, and Force men were duly paid their benefits, such as the Ration Cash Allowance (RCA); Observes that the ?igerian Armed Forces have grown over the years and the existing infrastructure, such as decent accommodation, training facilities and other social amenities cannot meet the present needs of the Forces;
  • 7. ::"0.61 Tuesday, 18 February, 2014 993 Regrets the claims from different quarters that favoritism and ethnicity have penetrated the Xigerian Armed Forces, to the extent that major postings are no longer made on merit, a situation that has led to a breakdown of order, reduced competence and compromised the security objectives of the country; Further regrets the unfortunate ill-treatment of officers who got injured in the line I)f duty arid the manner with which the families and loved ones of soldiers who had fallen are treated. There have been complaints that several officers who gave their lives for the country were neither given befitting burials nor were they duly honoured; Determined to ensure that the Xigerian Armed Forces is modern, compact, strong, professional, mission-capable and mission-ready for the defense of our national territory, maritime interests, airspace and the protection and defense of the Constitution of the Federal Republic of Xigeria and to contribute to peace keeping duties worldwide under sub-regional and global organizations of which Nigeria is a member; . Resolves to: Mandate the Committees on Defence, Army, Xavy, and Air Force to appraise the following: (l) accommodation, salaries, and allowances in the Armed Forces; (ii) kitting of officers of the Armed Forces; (iil) regimentation, discipline and order in the Armed Forces; (iv) training and retraining of Force men; (v) postings and promotions in the Armed Forces; (vi) the state of the Armored Corps; (vii) armed Forces Logistics;" (viii) military equipment andarmory; and (ix) defence budget and expenditure from 1999 till date, and report back to the House within 4 weeks (Ilon, Robinson Uwak= Oron/Mbo/Okobo/Udung Uko/Urue Offong/Oruko Federal Constituency and 28 Others). Debate: Question put and negatived. 8. Consolidation of Bills: (l) Motion made and Question proposed, "That a Bill for an Act to Amend the National Lottery Act 2005 to further Empower the Narional Lottery Regulatory Commission of Nigeria to carry-out its Regulatory Functions, to bring the Lottery Business in Nigeria in line with best Practices and for Other Matters Connected Therewith (lIB. 161)and a Bill for an Act to Amend the Xarional Lottery Act, 2005 and for Other Matters Connected Therewith (lIB. 659) be now consolidated" (Hon. Sunday Adeyemi Adepoju -lbarapa East/Ido Federal Constituency). Question put and agreed to. 9. A Bill for an Act to Amend the Robbery and Firearms (Special Provisions) Act, Cap. R II LF::, 2004 (lIB. 659) - Second Reading: Order read; by leave of the House, deferred.
  • 8. 994 Tuesday, 18 February, 2014 Xo.61 10. Consideration of Report: Ad-hoc Committee on Malabu Oil and Gas Limited: Motion made and Question proposed, "That this House do resume consideration of the Report of the Ad-hoc Committee on Transaction involving the Federal Government and Shell/ Agip Companies and Malabu Oil and Gas Limited in respect of Oil Block OPL 245 and approve the Recommendations. therein" (lIon. Leo Ogor - lsoko North/Isoko South "Federal Constituency). Question put and agreed to. Question that the House do resolve into the Committee of the Whole to consider the Report, put and agreed to. (HOUSE IX COYlYlITTEE) (Mr Deputy Speaker ill the Chair) Recommendation (z): "That the Federal Government of Nigeria should cancel OPL 245 recently granted to Shell Nigeria Exploration and Production Company Ltd (S~EPCO) (50%) and AGIP (50%), as it was based on a highly flawed 'Resolution Agreement' entered into between Malabu Oil and Gas, Shell Nigeria Exploration and Production Company Ltd (S~EPCO) and Nigeria Agip Exploration Ltd (~AE) with the Federal Government acting as Obligor. The 'Resolution Agreement' ceded away our National Interest and further committed Nigeria to some unacceptable Indemnities and liabilities while acting as an Obligor. Indeed, Clause 17 of the 'Resolution Agreement' commits the Federal Government of Nigeria to indemnify, and even defend Shell Nigeria Ultra Deep Ltd (SXUD), Shell Nigeria Exploration and Production Company Ltd (SXEPCO) and Nigeria Agip Exploration Ltd (~AE) from and against "all suits, proceedings, claims, demands, losses and liability of any nature or kind, including but not limited to all litigation costs, attorney's fees, settlement payments, damages and all other related c~sts and expenses, based on, arising out of or in connection with" the 'Resolution Agreement' and or the issuance of the Oil Prospecting License in respect of Block 245" (lIon. Leo Ogor - Isoko North/Isoko South Federal Constituency). Amendments Proposed: (a) In line 3, immediately after the word "agreement", insert the words "and contrary to the laws of Xigcria" (lIon. Ali Ahmad - Ilorin East/Ilorin South Federal Constituency). Question put and agreed to. (b) In line 1, leave out the word "cancel" and insert the word "review" (lIon. Kamil Akinlade Mudashiru - AfijiolAtiba EastlOyo West Federal Constituency). Question that the amendment be made, put and negatived. Recommendation (h): "That the Federal Government through the Ministry of Petroleum Resources and the Office of the Attorney-General of the Federation facilitates a new 'Resolution Agreement' in line with the Petroleum Act, and the Indigenous Concession Programme (lCP) of Government that guided the initial allocation of OPL 245 to Malabu Oil & Gas, as a situation where the 'Resolution Agreement' diverted 100% of the beneficial ownership to two foreign based companies is contrary to our national aspirations. Indeed the 'Resolution Agreement' should acknowledge ~igeria's ~ational interest in the huge deposits existing in the Block" (lIon. Leo Ogor - Isoko North/Isoko South Federal Constituency). Question put and agreed to. Recommendation (iiz): "That the House should direct the Committees on Petroleum Resources (upstream), Petroleum Resources (Downstream). Gas Resources and Local Content to liaise with theMinistry of Petroleum Resources to make available a comprehensive list of similar ventures with Petroleum Sharing Agreement or contract without Nigeria National Petroleum Corporation (~~PC) participation, for necessary remediation" (lIon. Leo Ogor - lsoko North/Isoko South Federal Constituency).
  • 9. :'0. 61 Tuesday, 18 February, 2014 995 Question put and agreed to. Recommendation (iv): "That AGIP Xigcria Agip Exploration Ltd (:AE) be formally censured or reprimanded by the House for its role in the 'Resolution Agreement' which lacked. transparency and did not meet international best business practises. The 'Resolution Agreement' was meant to resolve existing disputes between the various parties, which even by AGIP's acknowledgment they are not party to the disputes, in the process, they cornered 50% equity in Block 245" (IIon. Leo Ogor -rr: Isoko North/Isoko South Federal Constituency). Question put and agreed to. Recommendation (v): "That Shell Xigcria Ultra Deeps (SXC'D) be censured or reprimanded by the House for its lack of transparency and full disclosure in its bid to acquire OPL 245" (IIon. Leo Ogor - Isoko Northllsoko South Federal Constituency). Question put and agreed to. Recommendation (VI): "That the ownership structure of Malabu Oil and Gas Ltd flowing from our findings and the Economic and Financial CrimesCommission (EFCC)'s interim report, is as follows:,., ....: (a) Mohammed Sani (Abacha) (or his Successors in title) - 50%, (b) Kweku Amafegha (Dan Etcte) (or his Successors in title) - 30%, and (c) Pecos Energy Ltd - 20 % , Consequently, the Office of the Attorney General of the Federation, the Ministry of Petroleum Resources, and the Ministry of Finance should take this into consideration in any dealings with respect to OPL 245" (1lon. Leo OgO!"- Isoko Nortlzllsoko South Federal Constituency). Question put and agreed to. Recommendation (viiy: "That the :igeria Police should take over the on-going investigation on the matter of forgery and alteration of documents indicting some Directors of Malabu Oil & Gas Ltd who resigned their positions or transferred their appointments or shares without authorisation, and initiate prosecution of any person indicted" (IIon. Leo Ogor - Isoko Nortli/Isoko South Federal Constituency). Question put and agreed to. Recommendation (viii): "That in line with global best practices, accountability and transparency, individuals and financial institutions linked with and found culpable by the Economic and Financial Crimes Commission (EFCC) of receiving and transferring money unlawfully with respect to or arising out of the 'Resolution Agreement', should he charged to an appropriate court of competent jurisdiction, and any such monies unlawfully transferred should be recoveree!" (IIon. Leo Ogor - Isoko North/Isoko South Federal Constituency) . Amendment Proposed: In line 1, immediately after the words" financial institutions" insert the words "(First Bank of Nigcna Plc, and Keystone Bank Plc)" (lIon. Leo Ogor - Isoko North/Isoko Southl/ederol Constituency). Question that the amendment be made, pill and agreed to.
  • 10. 996 Tuesday, 18 February, 2014 , Xo.61 Recommendation (ir): "That in redrafting a new 'Resolution Agreement', Nigeria's tax laws should be respected, and consequently where applicable, the Federal Inland Revenue Service (FIRS) should take all necessary steps to impose Capital Gains Tax on Shell (Shell Nigeria Exploration and Production Company Ltd (SXEPCO) - Shell Nigeria Ultra Deep Limited (SXUD). transaction as the payment or reimbursement of $355,000,000 from Shell NigeriaExploration and Production Company Ltd (SXEPCO) to Shell Nigeria Ultra Deep Limited (SXUD) as contained in the 'Resolution Agreement' is clear evidence of some form of alienation or transfer of interest that satisfies the requirement for tax purposes" (Hon. Leo Ogor - lsoko Northllsoko South Federal Constituency). Question put and agreed to. Chairman to report proceedings. (HOUSE IX PLENARy) Mr Deputy Speaker in the Chair, reported that the House in Committee of the Whole resumed consideration of the Report of the Ad-hoc Committee on Transaction involving the Federal Government and Shell!Agip Companies and Malabu Oil and Gas Limited in 'respect of Oil Block OPL 245 and approved Recommendations (i) as amended, approved Recommendations (ii) - (viz), approved Recommendation (viii) as amended, and approved Recommendation (ix). Question that the House do adopt the Report of the Committee of the Whole, put and agreed to. 11. Adjournment: That the House do adjourn till Wednesday, 19 February, 2014 at 11.00 a.m. tHon. Leo Ogor - Deputy House Leader). The House adjourned accordingly at 2.09 p.m. Chukwuemeka Nkem Ihedioha Deputy Speaker CORRIGEllJL'"M In the Votes and Proceedings of Thursday , 13 February, 2014, on page 977, item 4 (i), immediately after the last sentence, insert the following words: "He therefore urged the House to consider the matter as one of urgent public importance and to suspend Order VIII, Rule 46 (3) to enable it be debated immediately".