The Niger State Government has dragged the Federal Government to the Supreme Court over its omission from the 13 per cent derivation.
In an originating summons sighted at the Supreme Court, the Niger State Government, through its counsel Mohammed Ndarani (SAN), seeks the interpretation and application of section 232 (1) & (2) of the Nigerian constitution.
The suit seeks the inclusion of Niger State in the 13 per cent derivation as enshrined in the Enactment of Allocation of Revenue (Federation Account, etc.) Act, 2004.
Niger State wants the court to determine whether the state does not qualify to be classified among the states that produce natural resources and therefore entitled to 13 per cent derivation within the meaning of 162(2) of the 1999 constitution.
The subject matter of the suit is the failure of the federal government to include Niger State among the beneficiary states of the 13 per cent derivation.
It is also about the omission of remitting same proceeds of fiscal revenue generated and accrued through Hydroelectric Power dams in Niger State, the territory and part of the resources of the state to the overall electricity generation to the national grid in Nigeria since 1968 till date.
Ndarani argued that the state hosts four major hydroelectricity dams – Kainji, Jebba, Shiroro, and Zungeru – which serve as a power house for electricity supply to various states in the country.
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The lawyer added that through these power stations, the federal government extends electricity supply to the Republics of Niger, Benin, and Togo.
He stated that the Attorney-General of the Federation and Minister of Justice was brought before the Supreme Court because he has an oversight legal advice function.
That the AGF has the constitutional role of preparing the Nation’s Financial Statements arising from the collection and receipts 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 Mobilization Allocation and Fiscal Commission that oversees revenue accruing to, and disbursement of such funds from the Federation Account.
He said the AGF represents and advises the president on all legal matters involving the functions of the president, but has failed over the years in its duties.
This, according to him, should have been to ensure an equitable distribution of resources in conformity with the current realities, particularly in relation to the fiscal revenue generated by Niger State.
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