Introduction to the Conflict
The Coalition of Niger state support groups has thrown its weight behind the state government’s legal action against the Attorney-General of the Federation over exclusion of the state from the 13 per cent derivation. Mr Muhammadu Dagaci, the President General of Community Association for Grassroots Transformation (CAGRAT) disclosed this in a statement on Monday.
Background of the Lawsuit
It would be recalled that the Niger State government had dragged the Attorney-General of the Federation and Minister of Justice to the Supreme Court over the state’s omission in the 13 per cent derivation. Mohammed Ndarani, SAN, lead counsel to Niger state, had in an originating summons sought the interpretation and application of section 232 (1) & (2) of the Nigerian 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.
Details of the Suit
The suit is also about the omission of remitting same proceeds of fiscal revenue generated and accrued through Hydroelectric Power dams in Niger State, to the overall electricity generation to the national grid in Nigeria from 1968 till date. Dagaci said that the coalition wholeheartedly supports the state’s lawsuit that seeks to address a long-standing injustice, and ensure that Niger receives its rightful share of revenue.
Justification for Support
He said that their justification for the support stems from the fact that Niger has significantly contributed to national development through hydroelectric power generation, with no compensation from the federal government. “The state’s exclusion from the derivation fund appears to contravene Section 162(2) of the 1999 Constitution (as amended), which mandates that revenue be allocated based on derivation principles. Inclusion in the derivation fund would provide Niger State with much-needed resources to address infrastructure deficits, improve living standards, and promote economic growth.’
Members of the Coalition
He said that members of the coalition include CAGRAT, BIDA Forum, Agaie Emirate Consultative Forum, AZA development Association, Nupe development Forum, Edati People’s Foundation, Kutigi Youth Association and Coalition of Niger North Youth Forum. “Others are Borgu Youth Development Association, Kontagora Emirate Youth Development Association, Niger East Emirates Youth Council, Minna Emirate Youth Associations and Coalition of Shiroro Youth Associations. The coalition also includes Doko Development Association, Kusogi Majin Dodo Development Association and Vunchi Development Association.’
Support for the Lawsuit
He said that they support the push for the apex court to interpret the constitution to determine whether Niger qualifies as a resource producing state under Section 162(2). “The apex court should grant all the reliefs sort by the Niger state counsel and declare that the state is entitled to the 13 per cent derivation fund, as provided by the Allocation of Revenue Act, 2004. We stand in solidarity with the state government in this legal battle and we believe that justice and fairness demand that Niger State’s contributions be recognized and rewarded.
Impact of the Dams
The News Agency of Nigeria (NAN) recalls that the attorney-general was brought before the apex court because he represents and advises the president on all legal matters, but has failed over the years in its duties. This, according to the suit 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. It equally noted that Niger, host to the dams, which were established in 1968 and have laid the golden eggs, has been a victim of incessant and continuous flooding in recent years.
Consequences of the Flooding
It has 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. The suit claimed that in continuous exploitation and utter impoverishment of the people of Niger, the federal government continuously and continually whisked off profits from the state. It argued that the federal government should not be only concerned about benefiting from the dams located in the territory of the state without a care for its people.
Conclusion
The lawsuit by the Niger State government against the Attorney-General of the Federation is a step towards addressing the long-standing injustice faced by the state. The coalition of support groups is optimistic that the apex court will interpret the constitution in favor of the state and grant the reliefs sought. This will not only provide the state with much-needed resources but also promote equitable resource allocation in Nigeria.
FAQs
Q: What is the basis of the lawsuit by the Niger State government?
A: The lawsuit is based on the state’s exclusion from the 13 per cent derivation fund and the failure of the federal government to remit proceeds of fiscal revenue generated from hydroelectric power dams in the state.
Q: What is the coalition of support groups seeking?
A: The coalition is seeking the interpretation of the constitution by the apex court to determine whether Niger qualifies as a resource producing state under Section 162(2).
Q: What are the consequences of the flooding in Niger State?
A: The flooding has resulted in loss of human lives and livestock, destruction of properties, and displacement of many residents from their homes.
Q: What is the expected outcome of the lawsuit?
A: The expected outcome is that the apex court will grant the reliefs sought by the Niger State government and declare that the state is entitled to the 13 per cent derivation fund.
