In this petition, the petitioners on behalf of the Kofyar Peoples are calling for the preservation of the Pandam Wild Life Park/Lake, which is a wetland in Plateau State Nigeria with 217 bird species and a unique specie of the Hippo, classified by the 1971 Ramser Convention on Wetlands of International Importance. Nigeria signed the convention in 2001, in which Pandam is one of the eleven (11) in Nigeria.
First the petition, and then an extract from item 3 of a press statement released by the petitioners.
PETITION
NAMU(JEP-JAN) COMMUNITY
NAMU DISTRICT, QUA’AN PAN LOCAL GOVERNMENT AREA,
PLATEAU STATE
08083669879, 08166046230
12th February, 2016
The Director
General/CEO,
NESREA.
Through:
The Zonal
Director,
North Central
Zone,
Chun Dusu
Street, Nyango N’gel,
Jos South
LGA,
Plateau
State.
Sir,
COMPLAINT AGAINST AN
ATTEMPT DESTRUCTION AND DEGRADATION OF PANDAM GAME RESERVE/LAKE, A WETLAND OF
INTERNATIONAL IMPORTANCE
We the concerned people of Namu(Jep-jan) community of Qua’an-Pan
LGA in Plateau State write to inform you that the Pandam game reserve/lake is
under severe threat of been completely degraded and destroyed. The Pandam wild
life park/lake which and Wase wetlands
is the ONLY Wetland in Plateau State classified by the Ramser convention of
1971 on wetlands of international importance to which Nigeria became a
signatory on 02/02/2001 as one of the eleven (11) Wetlands of international
importance in Nigeria. Pandam wild life park /lake located in Namu(Jep-jan)
District of Qua’an-Pan LGA, was in 1972 designated as a game reserve and made a
viable tourist attraction by the Government. It is estimated that more than
9000 aborigine families were displaced from the area. This haven of abundantly
diverse flora and fauna is an important Bird and Biodiversity Area with conservation
number NG009.
The following is a brief on Pandam game reserve/lake Wetland characteristics:
Location
|
Nigeria, Plateau
|
Central coordinates
|
9o 3.00' East 8o 40.00' North
|
IBA criteria
|
A3
|
Area
|
22,400 ha
|
Altitude
|
175 - 315m
|
Year of IBA assessment
|
2001
|
Site description: The Park is
located beside the Lafia–Shendam road to the north of the Benue River. Two
rivers, the Dep and the Li, drain the park, and join before emptying into the
Benue. The land slopes gradually southwards and forms a basin, Pandam Lake—a wetland
complex of approximately 2 km². The vegetation of the park is typical
Sudan–Guinea Savanna with gallery forests in riparian areas. The savanna
includes Burkea africana–Combretum woodlands in the
south, Detarium microcarpum–Combretum woodlands in the central
area and Isoberlinia doka woodlands to the north. Other trees
includeParkia biglobosa, Butyrospermum paradoxum, Gardenia
aqualla and Daniellia oliveri. On the scattered
inselbergs, which dot the northern part of the park, Piliostigma
thonningii is the dominant tree. Tree species of the gallery forests
include Afzelia africana,Ceiba pentandra and Raphia
sudanica. The wet season lasts from April to October and annual
rainfall is 1,000–1,500 mm.
Key Biodiversity: Table 2
for key species. At least 217 species have been recorded, including a few
observations of Falco naumanni. The gallery forests are one of the
northernmost locations in the country where Guinea–Congo forests biome (A05)
species occur; Ceratogymna elata at least used to be present
in small numbers. Fifteen species of this biome have been recorded (see
Table 2) including the nationally rare Scotopelia bouvieri. Scotopelia
peli also occurs and has been recorded breeding. Large flocks (1,000+)
of Dendrocygna viduata spend the dry season on Pandam Lake, at
which Vanellus crassirostrisis known to breed.
Non-bird biodiversity: Mammals of
global conservation concern which occur, or at least used to do so,
include Trichechus senegalensis (VU), Hippotragus
equinus (LR/cd) and Syncerus caffer (LR/cd).
Populations of IBA trigger species
Species
|
Season
|
Period
|
Population estimate
|
Quality of estimate
|
IUCN Category
|
|
resident
|
1999
|
present
|
-
|
A3
|
Least Concern
|
|
resident
|
1999
|
present
|
-
|
A3
|
Least Concern
|
|
resident
|
1999
|
present
|
-
|
A3
|
Least Concern
|
|
resident
|
1999
|
present
|
-
|
A3
|
Least Concern
|
|
resident
|
1999
|
present
|
-
|
A3
|
Least Concern
|
|
resident
|
1999
|
present
|
-
|
A3
|
Least Concern
|
|
resident
|
1999
|
present
|
-
|
A3
|
Least Concern
|
|
resident
|
1999
|
present
|
-
|
A3
|
Least Concern
|
|
resident
|
1999
|
present
|
-
|
A3
|
Least Concern
|
|
resident
|
1999
|
present
|
-
|
A3
|
Least Concern
|
|
resident
|
1999
|
present
|
-
|
A3
|
Least Concern
|
|
resident
|
1999
|
present
|
-
|
A3
|
Least Concern
|
|
resident
|
1999
|
present
|
-
|
A3
|
Least Concern
|
|
resident
|
1999
|
present
|
-
|
A3
|
Least Concern
|
|
resident
|
1999
|
present
|
-
|
A3
|
Least Concern
|
|
resident
|
1999
|
present
|
-
|
A3
|
Least Concern
|
|
resident
|
1999
|
present
|
-
|
A3
|
Least Concern
|
|
resident
|
1999
|
present
|
-
|
A3
|
Least Concern
|
|
resident
|
1999
|
present
|
-
|
A3
|
Least Concern
|
|
resident
|
1999
|
present
|
-
|
A3
|
Least Concern
|
|
resident
|
1999
|
present
|
-
|
A3
|
Least Concern
|
|
resident
|
1999
|
present
|
-
|
A3
|
Least Concern
|
|
resident
|
1999
|
present
|
-
|
A3
|
Least Concern
|
Protected areas
Protected area
|
Designation
|
Area (ha)
|
Relationship with IBA
|
Overlap with IBA (ha)
|
|
Pandam
|
Game Reserve
|
22,400
|
is identical to site
|
22,400
|
 |
Habitats
Habitat detail
|
Extent (% of site)
|
|
Artificial – terrestrial
|
3%
|
|
Shrub land
|
40%
|
|
Forest
|
56%
|
References Milego
(1997). BirdLife International (2016) Important Bird and Biodiversity Area
factsheet: Pandam Wildlife Park.
This Ramser wetland (Pandam game reserve/lake) of international
importance is already been degraded and destroyed by the Chinese through their
company, Eighteenth Engineering Nig. Ltd and Mr Chun Khau who are alleged to
have been granted lumbering permit by the Plateau State Government to harvest
wetland resources contrary to Regulation 9(1) of National Environmental
(Wetlands, River Banks and Lake Shores Protection) Regulations, 2009 which
states that: a person shall not carry out an activity in a wetland without a permit
issued by the Agency (NESREA).
We write to request you to use your good office of public
trust as empowered by section 2 and section 7 subsections a, b, c, d, e, j and i of the
National Environmental Standards and Regulations Enforcement Agency (Establishment)
Act, 2007 to stop this environmental degradation and destruction which
amount to crime against humanity and the ecosystem.
We also crave your indulgence to invoke and ensure strict
enforcement and compliance with the provisions of National Environmental
(Wetlands, River Banks and Lake Shores Protection) Regulations, 2009 especially
as provisions in Part 1, regulations 1, 2, 3(b) which mandates Environmental
Impact Assessment (EIA) be conducted, 5, 6, 8 and 9(1). The
international convention on protection of environment1992 as well as section 20
of 1999 constitution of the Federal Republic of Nigeria (as amended) postulate
an obligatory duty on the Governor to protect and improve the environment and
safeguard the water, land, air, forest and wildlife of Nigeria.
Worthy of note also is the negative effect of deforestation
that provoked the Nigerian government in 1976 to place embargo on exportation
of timber.
This petition is written in fulfilment of obligation of the
duty of care bestowed on land owners and users by regulation 14(1 and2). 14(1):
every
land owner, occupier or user of property contiguous to a wetland shall have
duty to prevent the degradation or destruction of the wetland and shall
maintain the values of the wetland. 14(2): Any person who fails, neglects or
refuses to protect a wetland under regulation (1) of this regulation commits an
offence.
We believe that your timely and professional intervention
will help preserve, conserve and protect the sanctity of our much cherished
wetland resources from being degraded and destroyed. Please, continue to ensure
a cleaner and healthier environment for Nigerians.
Yours faithfully
Barr. Albert W. Kopbe
For Community
Cc
The Governor, Plateau State of
Nigeria
Hon. Minister of Youth and Sports
Development,
Hon. Minister of Environment,
Plateau State Commissioner for Environment,
Chairman, Senate committee on
Environment,
Chairman, Senate committee on Tourism
Chairman, House of Representative
committee on Environment,
Chairman, House of Representative
committee on Tourism,
Chairman, PLHA committee on
Environment,
Chairman, PLHA committee on Tourism,
Commissioner of Police, Plateau State
Commander, STF, Operation Safe Haven,
Plateau State
State Director, Department of State
Security, Plateau State
Commandant, NSCDC, Plateau State
Nigerian Conservation Foundation,
National Human Rights Commission,
Chairman, Senate committee on Public
complaints
Senator, Plateau Southern Senatorial
Zone
Senator, Plateau Central Senatorial
Zone
Senator, Plateau Northern Senatorial
Zone
House of Representative Member,
Shendam, Quaan Pan, Mikang
MD, Eighteen Engineering
Transition Implementation Committee
Chairman, Quaan Pan LGA
Commissioner Local Government and
Chieftaincy Affairs, Plateau State
The National Park.
EXTRACT FROM ITEM 3 OF PRESS CONFERENCE OF 05 MARCH 2016 BY THE JEPJAN COMMUNITY
3: THE PANDAM GAME RESERVE
The
Pandam game reserve was established by Benue Plateau State Legal Notice number
1 of 1975 with the date of commencement stated as 20th October 1972.
It
on record that the pan people were the sole occupants of the territory upon
which the game reserve was establishes. It is also on record that till date, adequate
compensation for the use of the land by government has not been carried out
though we are aware that alternative residence under resettlement scheme was
done. However, we still hold to the fact that compensation under the law must
be adequate to fulfil the bases for public use of communal or individual lands
sought for such use by government. It is
therefore with great opprobrium, anger and disappointment that we regretfully
want to draw the attention of the general public to clandestine plans and
activities being carried out with a view to deforestation and privatize natural
resources in Pandam game reserve which has commenced in ernestly in Bwall
district of Quaan Pan LGA as seen in the attached Pictures at the appendix of
this document.
In the 21st centaury it is
simply mind boggling to imagine why a responsible government can involve itself
in a venture which is capable of causing long lasting ecological disaster to vast
territory. The Federal Government has
had a policy for reforestation in order to be check the activities of
desertification and certainly the felling of these trees will not help to put
it mildly, in achieving the objective of stemming the downward movement of the desert.
Closely allied is the fact that the game reserve is home to rare species such
as the pigmy hippopotamus, various exotic birds, monkeys and other wildlife.
Thus, if the forest was logged where will these animals go? In an era where the
mantra is going green and trying to establish means of revenue generation based
on eco tourism will the pittance which will be generated from the sale of the
timber be sustainable as a means of generating revenue for the government?
Compared to the resuscitation of the Game reserve by providing the necessary
infrastructure to encourage tourist, which will generate revenue and still
preserve this heritage for future generations, we believe that the plan is ill
advised, untimely, insensitive and downright irresponsible.
The biodiversity management has been
identified as being key in sustaining livelihoods of indigenous people as it
forms a core part of the fabric around which their identity and traditional
knowledge are intrinsically woven. To
say that advance plans have been made between the government of Plateau State
and expatriate companies who have no regards for the consequences of the
venture on the sustainability of the land for the people but only for their
capital interest, is irresponsible bothering on criminal. We therefore appeal
to the Federal Government of Nigeria, the Conservator General of Nigeria and
all other relevant stakeholders including NESREA and the Federal Ministry of
environment to intervene urgently to prevent a looming ecological disaster in
the making and to urgently investigate this allegation and put an immediate halt
to such a process. This because we are certain that the people resident of
Pandam area and surroundings where not consulted. If they had been consulted, we want to know
the where about of the environmental impact assessment report, the degree of
compliance with the various protocol which Nigeria has signed at the U.N for
the preservation of biodiversity, and for the equitable participation of
indigenous people in the exploitation of their natural resources.
The
argument put forward by the state government that the state is in dire need of
funds and hence the resort to sale of timber to generate funds is not
sustainable. This is because there is an existing legal framework which
regulates the exploitation of natural resources.
Nigeria
is a signatory to a number of international instruments and has ratified
conventions related to same. These include Convention on Biological Diversity (1992), United
Nations Convention to Combat Desertification in Countries Experiencing Serious Drought
and/or Desertification (1994), Convention on International Trade in Endangered Species
of Wild Fauna and Flora (1973), Convention on the Conservation of Migratory
Species of Wild Animals (1980) amongst others.
Section
7 (c) of the NESREA Act of 2007 confers the power on the agency to
“enforce compliance with the provisions of
international agreements, protocols, conventions and treaties on the
environment, including climate change, biodiversity, conservation,
desertification, forestry, oil and gas, chemicals, hazardous wastes, ozone
depletion, marine and wild life, pollution, sanitation and such other
environmental agreements as may from time to time come into force”.
From
the above provisions, any venture which is intended or which has consequences
on any of the above listed matters would have to involve the agency where it is
intended in good faith. Has the Plateau state government involved NESREA in
this process?
S.
7 (j) of the same Act also provides that the agency shall have the
responsibility to enforce environmental control measures through registration,
licensing and permitting systems other than in the oil and gas sector.
To
what extent has the Plateau state government complied with the foregoing
provisions?
Under the Environmental
Impact Assessment decree of 1992, the schedule provides under item 6 the
descriptions of the areas where it is mandatory for an environmental impact
assessment to be conducted to include
(a) Conversion of hill forest land
to other land use covering an area of 50 hectares or more.
(b)
Logging or conversion of
forest land to other land use within the catchment area of reservoirs used for
municipal water supply, irrigation or hydro power generation or in areas
adjacent to state and national parks and national marine parks.
(c) Logging covering an area of 500
hectares or more.
(d) Conversion of mangrove swamps
for industrial, housing or agricultural use covering an area of 50 hectares or
more.
(e) Clearing of mangrove swamps on islands adjacent to national marine parks.
Again it can be easily seen
that the Pandam Game reserve area is captured under sub heads b and c. The
question which naturally follows is where is the environmental impact
assessment report, which is required by law before a project of such magnitude
with attendant consequences on the environment is carried out ?
We
do not claim to be experts on the environment however, common sense dictates
that if there were to be a logging of an existing forest, and the government is
a responsible government, the government would have first developed a nursery
for trees that would be planted to replace the trees which would be felled. Also,
there would have been an identification of the trees which are mature for the
purpose of taking an inventory of the products which would be exported. In
addition, the logging would be done in phases with the young trees being
planted and growing to a reasonable extent which would assure that they will
survival before further logging of other areas can be carried out. Have all
these things been done?
Another
question which is begging is that has the proposed revenue which would be
generated from this activity been captured in the appropriation bill of the
state for this year?
Ladies
and gentlemen for the avoidance of doubt, the intention of this conference is
not to create mischief but to rather prevent the creation of mischief which is
sensed and to ensure the sustainability of one of the remaining assets of
Plateau state which if properly developed has the potential to be huge source
of ecotourism and revenue generation for not just Plateau state but for Nigeria
as a whole.
We
consequently call on the Plateau state government to adopt the path of
responsible leadership and develop the required infrastructure which will
improve the marketability of the Game reserve and improve its currently
comatose fortunes.
Any
stance which is adopted by the government in defiance of the superior logic
advanced by this argument will be interpreted as a deliberate act aimed at
provoking the peace loving people of Pan/Kofiar extraction and will be resisted
with every available option under the law of God and the Nigerian State.
Thank You
Barr.
Albert Kobep
For Community
The promotion of effective peacebuilding in pluralistic societies also involves justice in the sense of consulting communities on matters that affect them. In this case, the protection of nature and biodiversity is also of concern. One other UN Declaration which helps this petition among others, is the 2007 UN Declaration on the Rights of Indigenous Peoples (UNDRIPS).
