Niger Goes To Supreme Court Over Exclusion From 13% Derivation Fund

Niger State government has dragged the attorney-general of the federation and minister of Justice to the Supreme Court over the state’s omission from the 13 percent derivation.

In the suit before the apex court, the state government, through its counsel, Mohammed Ndarani (SAN), asked for the interpretation and application of section 232 (1) & (2) of the Nigerian constitution.

The suit also seeks to include the state in the 13 percent derivation, as enshrined in the Enactment of Allocation of Revenue (Federation Account, etc.) Act, 2004.

He wants the court to determine whether Niger State does not qualify to be classified among the states that produce natural resources and therefore are entitled to thirteen per cent derivation within the meaning of 162(2) of the 1999 constitution.

The suit concerns the federal government’s failure to include Niger State among the beneficiary states of the 13 percent derivation.

It is also about the omission of remitting the proceeds of fiscal revenue generated and accrued through Hydroelectric Power dams in Niger State, the territory and part of the resources of Niger State, to the overall electricity generation to the national grid in Nigeria since 1968.

Ndarani argued that the State hosts four major hydroelectricity dams: Kainji Dam, Jebba Dam, Shiroro Dam and Zungeru Dam, which serve as a power house for electricity supply to various states in Nigeria.

He also said that through these power stations, the Federal Government extends electricity supply to the Republics of Benin, Togo and Niger.

He averred that the attorney-general was brought before the apex court because he has an oversight legal advice function over advising and representing the Accountant-General.

The Accountant-General has the constitutional role of preparing the Nation’s Financial Statements arising from the collection and receipt of income, fees, rentals, and taxes and payment out of the Federation Account.

That the attorney general at all times is charged with legally advising and representing the Auditor-General of the Federation and the Revenue Mobilisation Allocation and Fiscal Commission that oversees revenue accruing to, and disbursement of such funds from the Federation Account.

He said that the defendant represents and advises the president on all legal matters involving the president’s functions but has failed to perform its duties over the years.

This, according to him, should have been to ensure equitable distribution of resources in conformity with the current realities, particularly in relation to the enormous fiscal revenue generated by the state.

The learned  silk averred to the fact that Niger State is a purely agrarian state as the inhabitants are subsistence farmers whose produce are enjoyed across the state and beyond.

He noted that the fact that as a result of the large expanse of the land occupied by the dams, a large population of the citizens and residents of Niger State are denied the opportunity of engaging in agricultural activities.