Niger State Seeks Supreme Court’s Order Compelling FG to Pay 13% Derivation Fund

Alex Enumah in Abuja

The Niger State Government has commenced a suit at the Supreme Court seeking to compel the President of the Federal Republic of Nigeria, to include it among the states of the federation currently receiving 13% derivation from the Federation Account.

Niger State, in the suit which has the Attorney-General of the Federation (AGF) as defendant, specifically sought its inclusion in the 13 per cent derivation as enshrined in the Enactment of Allocation of Revenue (Federation Account, etc.) Act, 2004.

In the originating summons dated July 10, but sighted yesterday by THISDAY, the plaintiff was among others asking the apex court to determine whether Niger did not qualify to be classified among the states that produced natural resources and therefore entitled to 13 per cent derivation within the meaning of 162(2) of the 1999 constitution.

The plaintiff in the suit filed by Mr Mohammed Ndarani, SAN, challenged the alleged failure of the federal government to include Niger State among the beneficiary states of the 13 per cent derivation.

He also alluded to the failure to remit same 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 till date.

Ndarani argued that the State hosted four major hydroelectricity dams: Kainji Dam, Jebba Dam, Shiroro Dam and Zungeru Dam, which served as a power house for electricity supply to various states in Nigeria, including the Republics of Benin, Togo and Niger.

It was the claim of the plaintiff that despite being host to the dams, which were established in 1968 and had laid the golden eggs, has been a victim of incessant and continuous flooding in recent years and still counting.

Plaintiff averred that the generation of power through the dams in its domain had resulted in wanton loss of human lives and livestock as well as destruction of properties, leading unavoidably to displacement of many residents from their homes.

In a 65 paragraph affidavit deposed in support of the suit, plaintiff claimed that Physicochemical/Microbiological Impact Assessment Report conducted by the state government showed the level of degradation in the affected areas.