NIGER DELTA AND THE STRUGGLE FOR

RESOURCE CONTROL:
PARADIGM FROM THE OLD TESTAMENT

A SEMINAR PAPER
PRESENTED IN PARTIAL FULFILLMENT OF THE REQUIREMENTS
FOR THE AWARD OF MASTER OF ARTS (M.A.) RELIGION

BY

ITEBIYE, BERNARD OZIEGBE (REVD)

REG. NUMBER: PG/MA/04/35639

COURSE: MASTER’S RESEARCH SEMINAR (REL. 502)

SUPERVISOR: DR. MALACHY I. OKWUEZE

DEPARTMENT OF RELIGION

UNIVERSITY OF NIGERIA, NSUKKA.

JULY, 2006.

TOPIC: NIGER DELTA AND THE STRUGGLE FOR RESOURCE CONTROL: PARADIGMS FROM THE OLD
TESTAMENT

OUTLINE
1. Introduction
2. definition of Terms
3. The Issues Involve
4. Paradigm from the Old Testament:
An Analysis of Numbers 31:27
Justice
Equity
5. Conclusion and Suggested Solution

Bibliography

1. INTRODUCTION

‫אתןכל לבןא׃‬
‫יכשלה ברחןב אמח ןנכחה ל ־‬
‫והסנ אחןך משפט וצדקה מרחןק חעמך כ ־‬
(“And judgment is turned away backward and justice stands far away; for truth is
fallen in the street and equity cannot enter.”) Isaiah 59:14.

Peace is the work of justice indirectly, in so far as justice removes the

obstacles to peace; but it is the work of charity (love) directly, since charity,
according to its very notion, causes peace.
- Saint Thomas Aquinas
(As quoted in Braining quotes, 2005)
Justice (Hebrew = ‫קה‬
ָ‫ד‬ ִ) and equity (Hebrew = ‫שר‬
ָ‫צ‬ ֵ) are the hall mark of every
ָ‫מי‬
society that operates under the rule of Law, both in the Old Testament era and
now. It entails rendering to everyone that which is his due. The “Justice of the
LORD” (Hebrew = ‫וה‬ָ‫יה‬ְ ‫קת‬
ַ‫ד‬ ִ) or God’s justice (Deuteronomy 33:21) as revealed in
ְ‫צ‬
the Old Testament is not only the perfection of his nature, whereby he is
infinitely righteous in himself and all that he does, but an important requirement
of all his rational creatures.

In recent years, oil production in Nigeria’s Niger Delta region has been
characterized by heightened restiveness, resulting in loss of man hours and in
many cases lives and property. The people of the Niger Delta are claiming that
they have been unjustly treated; they have suffered from environmental degradation
of their land and the displacement of their communities and have received no
benefits from over 40 years of oil extraction. They are therefore agitating for
Resource Control (Adenikinju, 2002: 3).

Much has been written, especially in form of journals, periodicals, articles,

field reports, essays, seminal papers, et cetera, on the issue of Resource Control
(and other related crises in the Niger Delta region), but all appear to see the
subject as political or economic problem and nothing seems to change. Moreover,
there has been a clear case of the theoretical limitations of trying to apply war
and conflict theories or what Soremekun (2004: 21) refers to as “the nexus between
one general and useful interaction and conflict” to the Niger Delta worsening
crisis, while paying little or no attention to what Omoweh (2004: 11) refers to as
“the dialectics of the conflicts”. The dialectics of the Niger Delta crisis in our
opinion is what we ought to do that we failed to do and what we ought not to do
that we did – a clear apparent lack of Justice, equity and fairness.

2. DEFINITION OF TERMS:

Struggle: A.S. Hornby’s Oxford Advance Learner’s Dictionary of Current English

(2000: 1190) defines struggle as, “to try very hard to do something when it is
difficult or when there are a lot of problems”. It therefore maens a great effort
made over a period of time to overcome difficulties or achieve something.

Resource: It has been defined as “Every natural element which is of use” to man
(Ugwu, 2004:2). The list of the natural element is very long and even includes
“conditions of climate and land forms”. In addition to these, man uses some of the
inorganic materials of the earth and some of its natural vegetable and animal
life. These are not grown or manufactured by human enterprise but simply exist as
parts of the natural earth, and unlike climate and land form, man actually
consumes them or fashions them into more useful forms (Ugwu, 2004:2). Because they
either are obtained from the earth or exist in or upon it, they are called
natural, or earth resources.

Control: To control means three things: (i) to manage- command, supervise, run,
direct or organize; (ii) to rule- manipulate, influence, dominate, have a hold
over, hold sway over or dictate; and (iii) to oversee- monitor, regulate, inspect,
etc.

Paradigm: A paradigm is a typical example of something or a model that forms basis

of something. It is an example that serves as a pattern or model for something,
especially one that forms the basis of a methodology or theory.

In other words, the struggle for resource control means making great effort to
manage, organize and rule over the natural elements – organic or inorganic within
ones domain or territory. But the struggle in the Niger Delta is assuming what
Naanen (2004: 4) refers to as “a hugely complex enigma that is difficult to
interpret”. What are the issues involved?

3. THE ISSUES INVOLVED IN THE STRUGGLE FOR RESOURCE CONTROL IN THE NIGER DELTA:
Patterson Ogon (2006: 12) submits that the Land Use Act, which he described as “a
contentious piece of legislation” is the main issue in the Niger Delta crisis.
Ibeanu (2003: 17) agrees and said that the land issue is “mirrored in the various
protest and demands by ethno-nationalist, community groups and social movements in
Nigeria’s oil belt”. Indeed, the Ogoni Bill of Rights (1990) and the Kaiama
Declaration of 11 December 1998 made strong reference to this Act. Part of the
declaration states:
1. All land and natural resources (including mineral resources) within the Ijaw
territory belong to Ijaw communities and are the basis of our survival.
2. We cease to recognize all undemocratic decrees that rob our
Peoples/communities of the right to ownership and control of our lives
and resources, which were enacted without our participation and consent. These
include the Land Use Decree and The Petroleum Decree etc (Kaiama Devlaration,
1998: 3)

However, the issues can better be articulated as follows:

1. Oil spillage.
2. Gas flaring.
3. Environmental degradation.
4. Poor health status
5. Poverty
6. Pipeline explosions.
7. Limited government/public sector presence
8. Distrust of the government/petrobusiness alliance.
9. Lack of basic infrastructure.
10. Political marginalization.
(Ile and Akukwe, 2001)

Oil Spillage: The issue of spillage is as old as drilling itself. In every area
where there is oil exploration, oil crude spills on the surface of the earth and
surrounding waters. This kills plants, defertilizes the earth, harms animals,
fouls farmlands, and destroys aquatic life. Consequently, farming and fishing
industries, the major sources of economic sustenance in oil producing areas have
suffered irredeemably from oil exploration.
Gas Flaring: Nigeria flares more gas than any other nation in the world. At least
75 percent of Nigeria's total gas production is flared, and about 95 percent of
associated gas, a by-product of crude oil extraction from reservoirs. According to
the Nigeria's Department of Petroleum Resources (DPR), between 1998 and 1999, the
total volume of gas utilization for industrial and domestic use in Nigeria was
approximately 916 million standard cubic meters. However, during the same period,
the oil producing companies flared about 1.7 billion standard cubic meters of
associated gas (Ile and Akukwe, 2001: 15). Much of the flared gas, it must be
noted, is methane, with high warming potentials, and prone destructive health
hazards.
Environmental Degradation: According to the World Bank, there are five great
plagues of mankind: war, famine, pestilence, environmental pollution, and death.
The Niger Delta is in the throes of becoming an environmental wastebasket. Dimieri
Von Kemedi ( 2003: 17), quoting David Moffat and Professor Olof Linden of
Stockholm University, the World Bank environment specialists, gives this vivid
picture:
Even official statistics suggest that every year the delta is polluted by 2.3
billion cubic metres of oil from some 300 separate spills, almost one a day, but
the true figure may be 10 times higher. It confirms a report…that gas flaring from
oil production in the area emits some 35 million tons of carbon dioxide and 12
million tons of methane a year, making it the world's largest single contributor
to global warming.

Poor Health Status: From a simple perspective, the scarcity of clean drinking
water in the water soaked Niger Delta is not only an irony but also a potential
health hazard. According to the landmark 1999 Human Rights Watch report on Niger
Delta, an oil producing community reported that 180 people died following a large
scale oil spill; Spills had made people sick or hospitalized, and; Fish from
contaminated streams sometimes tastes of kerosene (paraffin), suggesting
hydrocarbon contamination (Ile and Akukwe, 2001: 15-16). It is important to note
too that the long term effect of hydrocarbons on humans is still evolving, with
speculations on carcinogenic consequences.

Poverty: The destruction of the land and waterways of the Niger Delta Region has
denied the people their major source of fishing and farming livelihoods. One of
the most visible images of Niger Delta is the distinct world that exists: the
affluent Government/Petrobusiness alliance versus the wretched poverty of host
communities. Ibeanu (2000: 22) put it thus:
In today’s Niger Delta, Oil exploration has not only banished joy and laughter on
the faces of the people; it has also democratized poverty and hunger…. Life for
the communities and peoples from the Niger Delta region has been like birth pains,
tough, in the midst of an arrangement that attempts to silence the views of the
people, deny their social conditions and state of development and make sustainable
livelihood a nightmare. The resource base of the Nigerian State has become like
the proverbial African axe that fetches the wood but sleeps in the cold.

Pipeline Explosions: Niger Delta is criss-crossed by approximately 10,000 miles of

pipelines (NDDC master plan, 2004: 35). Most of the pipelines were laid more than
30 years ago. Contact between water and steel will eventually result in rust,
wear, tear, and leakage of highly inflammable liquids. Since 1999, there have been
a series of pipeline explosions, with hundreds of people roasted alive. In most
cases, villagers are accused of siphoning oil from pipelines. The central question
should be: What will cause a rational human being to risk his or her life for a
bucket of gasoline? Perhaps, faced with severe and sustained economic hardship,
the pangs of hunger may outweigh the risk of death.

Lack of Sustained Government Presence: The oil producing communities lack any
meaningful government presence. In most of these communities, any evidence of
local, state or federal government presence exists in the fertile imaginations of
government spin-doctors and sycophants. However, there is a recurring government
presence in Niger Delta: Police stations and Military patrol units armed to the
teeth and ready for "action" (Ile and Akukwe, 2001: 18). For the inhabitants of
the oil producing communities that sustains the Nigerian State, basic necessities
such as functional schools and hospitals are luxury items.
Lack of Basic Infrastructure: The lack of basic infrastructure in the Niger Delta
is perhaps one of the most visible signs of neglect. Electricity, drinkable water,
roads, elementary and secondary schools, health centres, and telecommunication
system are "not present" in Niger Delta (Ile and Akukwe, 2001: 18). Oil companies
have active community-based projects that are promoted with evangelical fervour in
media establishments but with little or nothing on ground; while the State (local,
state, federal) appears to have become experts on "earmarks" of major projects
without any evidence. The lack of basic infrastructure in Niger Delta is not only
outrageous but also wicked.

Distrust of Government and Oil Companies: In Niger Delta, the people are used to
not believing the Government and oil company promises. The commonnest remark to
any government promise is “we are tired of earmarking, we want to eye-mark.”

Political Marginalization of the People: The inhabitants of Niger Delta have

always agitated for fairer treatment in Nigeria. The Willinks Commission was set
up in 1959 in response to the Niger Delta question. For the past 45 years, the
Government/Petrobusiness alliance has ignored its inevitable partner, the oil
producing communities, with increasingly unacceptable costs and consequences.

Therefore, this research believes that the main issue in the struggle for resource
control in the Niger Delta is one of moral concern. It is what can be referred to
as “the error ab initio”. Victor Ojakorotu (2003: 26) refers to it as “The
exclusion of these minorities…of the Niger Delta”. It is the erroneous omission of
the oil bearing communities from the management of oil and its resources by the
Multinational Oil Companies and the Centre (Federal and states) Governments. This,
perhaps, explains why even the 13% derivation formula appears not to be having any
palliative effect on the crisis. In other words, the struggle for resource control
in the Niger Delta is a struggle for JUSTICE, EQUITY and FAIRNESS.

For instance:
1. Whereas every other state of the Federation has a Federal University,
Polytechnic or College of Education, the two largest oil bearing states in the
Niger Delta, Bayelsa and Delta have no Federal University, Polytechnic or even
College of Education (NDDC Master Plan, 2004: 131).
2. Whereas must Local Government Headquarters are already connected to the
national grid, Yenagoa, the state capital of Bayelsa, the largest oil bearing
state (onshore and offshore combined) is still not connected by the Federal
Government controlled Power Holden Company.
3. The only Federal road linking Warri, Yenagoa and Port Harcourt is a single-
laned, narrow, windy road that is full of “pot holes” which can be described as “a
death trap”. This is a far cry from what we have in Abuja and Lagos.
4. According to the World Bank report (1995), GNP per capita in the Niger Delta
region is far below the national average of US$280 despite the high population
growth rate combined with severe habitable land constraints (NDDC Master Plan,
2004: 110).
5. Available figures show that there is one doctor per 82,000 people, rising to
one doctor per 132,000 people in some areas, especially the rural areas. This is
more than three times the national average of 40,000 people per doctor (Ibeanu,
2004: 16).
6. Data also show that only 27% of people in the Delta have access to safe
drinking water and about 30% of households have access to electricity, both of
which are below the national averages of 31.7% and 33.6%, respectively. Similarly
only 6% of the populations of the Niger Delta have access to telephones, while 70%
have never used a telephone (Ibeanu, 2004: 16). In fact, Warri, the economic nerve
centre of Delta state (the largest oil bearing state onshore) and host to Warri
Refinary and Petro-chemical Company does not have a pipe borne water. The much
published World Bank assisted project has long been abandoned. Most Local
Government Headquarters in the Country have pipe borne water. There is no Local
Government Headquarters in Oyo, Ogun, Ondo, and Kaduna that has no pipe borne
water.
7. Apart from a Federal Trunk B road (earlier described above) that crosses
Bayelsa State, “the State has only 15 kilometers of tarred road” (Ibeanu, 2004:
16). This is less than half of the total length of the 30 minutes drive 3rd
mainland bridge in Lagos built with oil money.
8. According to a World Bank study, in the urban areas of Rivers State the cost
of living index of 783 is the highest in Nigeria. The national average index is
put at about 450 (NDDC Master Plan, 2004: 110).
9. unemployment in Port Harcourt, the premier city of the Delta, is as high as
30% (Ibeanu, 2004: 16). The national average is put at about 5%
10. In addition to the absence of Federal Higher Institutions, access to primary
and secondary education, central to remedying some of these social conditions,
lags abysmally when compared to other parts of the country. While 76% of Nigerian
children attend primary school, in the Niger Delta the figure drops appallingly to
between 30% and 40% (Ibeanu, 2004: 16). In some states like Lagos, Ogun and Ondo,
the figure is between 89 and 95%.

4. PARADIGM FROM THE OLD TESTAMENT – AN ANALYSIS OF NUMBERS 31:27

‫צית‬
ָ ִ‫ח‬ָ‫ו‬
ְ ‫ח‬ַ‫ו‬
ֹ‫לק‬
ְ‫מ‬ּ‫ה‬
ַ
‫את־‬
ֶ ‫בין‬ ֵ ‫שי‬ֵ‫פי‬
ׂ ְ‫ת‬ּ ‫מה‬
ָ‫ח‬ָ‫מל‬
ּ‫ה‬
ִ ַ
‫דה׃‬
ָ‫ע‬ֵ‫ה‬
ָ
‫כל־‬
ָ ‫בין‬
ּ ֵּ‫בא ו‬
ָ‫צ‬ּ‫ל‬
ָ ַ ‫אים‬
ִ‫יצ‬
ֹ‫ה‬ַ
(Number 31:27)
The Lord said to Moses, "Take the count of the booty that was taken, both of man
and of beast, you and Eleazar the priest and the heads of the fathers' houses of
the congregation; and divide the booty into two parts, between the warriors who
went out to battle and all the congregation. (Numbers 31: 25-27 [RSV]).

1. The first Hebrew word (‫ת‬ ָ‫צי‬ ִ‫ח‬

ָ‫ו‬ְ), translated here as “and divide” is different
from the common Hebrew verb (‫דל‬ ַ‫ב‬ָ) “to divide”. The New Jerusalem Bible translates
it as “and you will then share out”. It is, therefore, an imperative, “you must
divide”.
2. The second word ( ‫ח‬ַ‫ו‬
ֹ‫לק‬ ְ‫מ‬
ּ‫ה‬ַ
‫את־‬ֶ) is actually a combination of two words (‫את‬ ֶ and
‫וח‬
ֹ‫לק‬
ְ‫מ‬ ַ). The word ‫את‬
ּ‫ה‬ ֶ is “unrepresented in English” language and generally used to
“point out more definitely the object of a verb or preposition” (New Strong,
Hebrew, 1995: 15). It is therefore, used here, as in many cases, to point out the
definite object of the statement. The other word ‫וח‬ ֹ‫לק‬
ְ‫מ‬ ַ (the object of the
ּ‫ה‬
statement), translated by RSV as “the booty” actually refers to “the prey” (KJ) or
“the spoil” (NJB). It can therefore be properly translated as the proceeds
3. The third word ‫בין‬
ֵ is a preposition meaning “between” or “among”.
4. The next is a phrase ( ‫שי‬ ֵ‫פי‬
ׂ ְ‫ת‬ּ ‫מה‬ָ‫ח‬ָ‫מל‬
ּ‫ה‬
ִ ַ ) translated by RSV as “warriors”. There
are actually two words here: ‫מה‬ ָ‫ח‬ָ‫מל‬ּ‫ה‬
ִ ַ, meaning “the battle” and ‫שי‬ ֵ‫פי‬
ׂ ְ‫ת‬ּ, meaning
“ability to manipulate” or “skilled in”. The two words are rendered by the New
American Version as, “those who took active part in the war”. In other words,
those who bear the risk; the hazard bearers; those who exposed themselves to
danger, peril, death, etc.
5. The next is again a phrase (‫בא‬ ָ‫צ‬
ּ‫ל‬
ָ ַ ‫אים‬ִ‫יצ‬
ֹ‫ה‬ַ) translated as “who went out to
battle” It can also be properly translated as “by going out to combat” (NAV),
because of the presence of the word ‫אים‬ ִ‫צ‬, which means “to arise” or “get up”.
6. The last words, ‫דה‬ָ‫ע‬
ֵ‫ה‬ָ
‫כל־‬ָ ‫בין‬
ּ ּ , (“and all the congregation”) can also be
ֵ‫ו‬
translated as “and the rest of the community” (NJV).

In other words, the verse can be properly translated, as the New American Bible
puts it, “then divide them evenly, giving half to those who took active part in
the war by going out to combat, and half to the rest of the community.” Or as the
Living Bible renders it, “then divide it into two parts. Half of it is for the men
who were in the battle, and the other half is to be given to the people of
Israel.” That is, and you shall (must) divide the prey (proceed) into two (equal)
parts; between those that took the war upon themselves (by bearing the risk of the
war) and went out to do the battle, and the (rest of) the congregation.

Many have asked why God gave such an imperative order. We are told that “the
warriors” who went to the battle were only 12 thousand men, 1 thousand from each
tribe (Numbers 31: 4) out of a possible population of 603,550 men of 20 years and
above who are able to go to war (See Numbers 1: 20-43). The recommended sharing
formula appears arbitrary. But Peter Pett (2003: 28) observes that “the fact that
the skilled men of war were specifically distinguished here confirms that they
each received the larger portion as a reward for risking their lives in battle”.

S.R. Obitts (2003: 128) suggests this to be the biblical example of casuistry. He
defines casuistry as, “the art of applying moral laws, which tend to be general,
to specific cases.” He argues that “ever since Aristotle called attention to what
he termed the need for equity, a method for deciding what is the right or wrong
act in concrete situations has been an important part of the study of ethics”. He
posits that God’s system of justice, which adheres strictly to moral values,
involves casuistry and even agues that it is indeed “the goal of ethics” (Obitts,
2003: 129)). The two key words here, therefore, are “justice” and “equity”.

4.1 Justice:
Defining the term ‘justice’ in the Old Testament is difficult given its complexity
and varied usage. In the legal codes, the term describes “ordinances which
regulate communal life (e.g., Ex. 21:1-23:10) and which prescribe restitution for
injury done to person or property, as well as for cultic regulations” (Donahue,
1977: 66). Throughout the Old Testament, justice is overwhelmingly related to the
idea of relationship and the life of the community; thus, justice in biblical
thought concerns “fidelity to the demands of relationship”— to God and neighbour
(Donahue, 1977: 69). What God demands is justice and His concept of justice is
beyond what most people think. To understand this demand of “The Creator” requires
a much broader understanding of the human law and justice.

There are, generally, four Hebrew words translated in the Old Testament as
justice. They are:
1. ‫דק‬
ַ‫צ‬ָ(tsâdaq): This is a primitive root word meaning, (causatively) “to be
made right (in a moral or forensic sense)”: to be cleanse; clear self; to be or do
just, justice, justify or justify self; to be turn righteous or do righteousness.
See 2 Sam. 15: 4 and Psalm 82:3

2. ‫דק‬
ֶ‫צ‬ֶ (tsedeq): This is derived from ‫דק‬
ַ‫צ‬ָ(tsâdaq) and implies the right
(natural, moral or legal); it also means (abstractly) equity or (figuratively)
prosperity. That which is altogether right or righteous and just or justified. See
Job 8:3; Psalm 89:14; 119:121; Prov.1:3; 8:15; Eccl.5:8; Isaiah 58:2; 59:4; Jer.
31:23; 50: 7

3. ‫קה‬
ָ‫ד‬ ְ (tsedâqâh): This is also from ‫דק‬
ָ‫צ‬ ַ‫צ‬ָ (tsâdaq). It implies rightness
(abstractly), or rectitude (subjectively). Objectively, it means justice, morally
(virtue) or figuratively (prosperity). Moderately, it means right (or righteous)
and just. See Gen. 18:19; Deut. 33:21; 2 Sam. 8:15; etc

4. ‫פט‬
ָ‫ש‬ ִ (mishpât): This is from the root word ‫פט‬
ׁ‫מ‬ ַ‫ש‬ָ (shâphat). Properly, it
connotes a verdict (favourable or unfavourable) pronounced judicially, especially
a sentence or formal decree (human or divine law, individual or collective),
including the act, the place, the suit, the crime, and the penalty. Abstractly, it
means justice or rectitude, including a participant's right or privilege
(statutory or customary). It also connotes, “to be judged”, “judgment”, “just” or
“justly”. It could also be used for measure, (rule) order, ordinance, right,
sentence, etc.

The original significance of the root word ‫דק‬ ָ (tsâdaq) was "to be straight." But
ַ‫צ‬
it stands for a "norm." Perhaps the origin of the word is not so clear or even
significant. Words having a secular origin often are baptized into special
meanings and a word originally meaning straight may develop easily into a moral
term just as canon "rod” or "measuring rule" becomes “a standardized list of
sacred books” (Snaith, 1964: 73).
However, the Hebrew terms ‫דק‬ ָ(tsâdaq), ‫דק‬
ַ‫צ‬ ֶ (tsedeq), ‫קה‬
ֶ‫צ‬ ָ‫ד‬
ָ‫צ‬ְ (tsedâqâh) and ‫פט‬
ָ‫ש‬ׁ‫מ‬
ִ
(mishpât) can rightly be translated “righteousness” or “justice” and are
consistently tied together in relationship to God’s role as judge; their meanings
at times are practically synonymous. According to Abraham Heschel (1962: 199),
“There are few thoughts as deeply ingrained in the mind of biblical man as the
thought of God’s justice and righteousness. It is “not an inference, but His self-
evident; not an added attributes to His essence, but identified with His ways.”
To distinguish between the two terms, ‘justice’ usually relates to legal issues,
while ‘righteousness’ denotes conformity to a norm. Often the norm is the
covenant. (Snaith, 1964: 73). Both terms as employed in the Old Testament are
ultimately relational terms, interpreted in the light of the covenant’s purpose in
maintaining relationship between God and the people, and the people with their
neighbours. Heschel recognizes righteousness to be what might almost be called
“the underlying soul of justice.” (Heschel, 1962: 201) Although justice involves
legal issues, it does not compare to righteousness’s “burning compassion for the
oppressed” (Heschel, 1962: 201). In reality, God’s justice cannot be separated
from God’s love. While it is arguable that justice is central to the Old Testament
Theology (Von Rad, 1962: 370), other intertwining concepts, such as God’s love,
mercy, compassion, grace, and truth, must interpret the Old Testament view of
justice.

4.2 Equity:
Equity defined as "fairness; impartiality; justice," can only be clearly
understood in it functions. The Webster's New World Dictionary (1984: 674) defines
it as "A system of doctrines supplementing common and statute law." Peter J.
Wallace (2000: 25) defines it as, "how you figure out what to do when the law does
not apply". In other words, equity is justice administered according to fairness
as contrasted with strictly formulated rules. The term "equity" denotes the spirit
and habit of fairness, justness, and right dealing which would regulate the
intercourse of men with men. It is a system of jurisprudence collateral to, and in
some respects independent of "law"; the object of which is to render the
administration of justice more complete, by affording relief where the courts of
law are incompetent to give it.
This is where some who are of the view that, “the campaign on Resource Control has
been conducted more on the emotive, sentimental plane than on the factual,
practicable and most importantly, realistic plane” (Dangora, 2005) got it wrong.
They are of the view that the campaign has been for the most part conducted
without taking the realities of the Nigerian situation into consideration and that
those pushing the issue have not been able to provide us with political
antecedents anywhere in the world of the type of Resource Control concept they are
canvassing. Conscience should be applied here. Conscience, according to Okwueze
(2003: 23), “can be understood in two senses, in a wide sense it is called
syntheses, which is the knowledge we naturally have of the principles of the moral
order. In the strict sense, it is the application of these principles to our
actions.”
Thus, equity and conscience are defined here as universal standard of justice in
contrast to the local, limited, or strictly formulated laws of a particular
jurisdiction. The former transcends all political or national distinctions and
binds all men alike, while the latter are enacted for a specific purpose or
circumstance and are therefore unable to speak to the human race as a whole.
Moreover, John Calvin (1960: 15) believes that “The judicial law, given [the Jews]
as a kind of polity, delivered certain forms of equity and justice, by which they
might live together innocently and quietly.” Calvin (1960: 17) further posits:
Now, as it is evident that the law of God which we call moral, is nothing else
than the testimony of natural law, and of that conscience which God has engraved
on the minds of men, the whole of this equity of which we now speak is prescribed
in it. Hence it alone ought to be the aim, the rule, and the end of all laws.
Wherever laws are formed after this rule, directed to this aim, and restricted to
this end, there is no reason why they should be disapproved by us, however much
they may differ from the Jewish law, or from each other.
In other words, Justice and equity are natural and universal requirements. The
whole ideal is fairness. Therefore, this research is of the view that the
principle of justice and equity, as applied by Moses and Eleazar, following God’s
instruction in Numbers 31:25-27, can be applied in the Niger Delta crisis. Though
there were no records of agitation in the said passage, the scenario and struggle
in the Niger Delta appear the same. Both situations carries the same moral
question: how can a given society adequately, justly and equitably compensate the
risk bearers?

5 CONCLUSION AND SUGGESTED SOLUTION

From the above discussion, we can conclusively establish that:

1. There is crisis in the Niger Delta region and it is not just politically or
economically oriented but more of a moral issue.
2. The cry of injustice is true as the people and region that bears the burden
of the main source of the Nation’s wealth remains the poorest or least developed.
3. Ecologically, the region is a difficult terrain that actually requires more
attention.
4. The required attention is not given and what is given does not get to the
source (the people that actually bear the risk).
5. The researcher believes that the problem can be solved if the Old Testament
concept of Justice and Equity is rightly applied.

SUGGESTED SOLUTION: To achieve the desired peace, anchored on the Old Testament
idea of justice and equity, in the Niger Delta therefore, the researcher suggests,
in addition to the immediate massive development of the region with concerted
effort which other writers have suggested, the need to engage every oil bearing
community as a stake holder in the entire process of oil exploitation in the
community. The modalities of their engagement can be worked out by the Political
Scientists while the level of their involvement can be worked out by the
Economists. If this suggestion is taken, it would give room to the following:
1. Lead to security of lives of the people, property and the huge investments
in the Niger-Delta and restore peace to the area.
2. Allow the people to live a normal productive life after they have been
forced to shift from their primary means of livelihood
3. Be a just and appropriate compensation for people who have suffered much in
providing a revenue base for the whole of the country.
4. Give the people a sense of belonging, and appreciation for their
contributions to national development.
5. Lead to overall economic growth, and
6. Lead to a favourable resource allocation formula in which derivative is a
key component and an appropriate expenditure by the people themselves, thereby
taking some pressures off the Central governments who are presently required to
bear, exclusively, the task of sustainable development of the Niger Delta area.
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