The Niger State Government has taken the Federal Government to the Supreme Court over its exclusion from the 13 percent derivation fund.
In an originating summons filed by a legal team led by Senior Advocate of Nigeria, Mr. Mohammed Ndarani, the state named the Attorney-General of the Federation and Minister of Justice as the sole defendant.
The state is asking the apex court to determine whether it qualifies as a resource-producing state and is therefore entitled to receive the 13 percent derivation, in accordance with Section 162(2) of the 1999 Constitution, as amended.
It also prayed the court to interpret and apply section 232 (1) & (2) of the Constitution to compel its inclusion by the Federal Government, in line with the Enactment of Allocation of Revenue (Federation Account, etc.) Act, 2004.
The state alleged a failure to include remittances from proceeds of fiscal revenue generated and accrued through hydroelectric power dams within its territory, which it argued formed part of resources it contributes to the overall electricity generation to the national grid since 1968.
According to the plaintiff, it hosts four major hydroelectricity dams – Kainji Dam, Jebba Dam, Shiroro Dam and Zungeru Dam – which serve as sources of electricity supply to various states in the country.
It argued that through these power stations, the Federal Government electricity supply to the Republics of Benin, Togo and Niger.
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