By Awwal Umar Kontagora The Niger State Government has filed a suit at the Supreme Court against the Attorney-General of the Fed...
By Awwal Umar Kontagora
The Niger State Government has filed a suit at the Supreme Court against the Attorney-General of the Federation over the state’s continued exclusion from the 13% derivation fund allocated to natural resource-producing states.
In the suit, the state contends that it qualifies as a resource-producing area, given that it hosts four major hydroelectric dams—Kainji, Jebba, Shiroro, and Zungeru—which have supplied power to Nigeria and neighbouring countries since 1968. Despite this contribution, Niger State maintains that it has never received a share of the 13% derivation, which is constitutionally meant to compensate states that generate natural resources for the nation.
The case, filed by Senior Advocate of Nigeria, Mohammed Ndarani, seeks a declaration from the Supreme Court recognizing Niger as a natural resource-producing state and calls for an interpretation of Section 162(2) of the Constitution in the state’s favour. The state is also asking the court to compel the federal government to begin payment of the derivation fund, citing years of environmental degradation and economic loss suffered by its host communities.
Niger State further accuses the Attorney-General of failing in his constitutional duty to advise the President and relevant federal agencies to act justly and in accordance with the law. According to the state government, "Niger contributes power but gets nothing in return."
As of the time of filing this report, no date has been fixed for the hearing.
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