The Niger State government has dragged the Attorney-General of the Federation and Minister of Justice to the Supreme Court over its omission from the 13 per cent derivation.
In an originating summons sighted by the News Agency of Nigeria (NAN) at the apex court, the Niger 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.
The state wants the court to determine whether Niger 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 sum total megawatt generated in 2020 is equal to 2,232,706.27, 2021 equal to 2,632,348.00, 2022 equal to 2,830,002.96 and in 2023 equal to 2,658,612.96.
These dams have generated fiscal revenue which has been controlled by the federal government and have been indisputably redistributed equally among the constituent states without considering the host state since 1968.
Ndarani stated that Niger and its citizens and residents suffer continuous exploitation, neglect and ravaging flood owing to the power generating activities of the federal government and its agencies. (NAN)
Conversely, the federal government continues to enjoy the profits from the dams, leaving the state in penury and misery.
He added that the pitiable, miserable and hopeless plight of the Niger indigenes and residents alike cannot be over emphasised.
In spite of all these, the federal government has also not paid attention to the adverse environmental impacts of the activities of the power generating companies at the dams.
He said that not even the National Environmental Standards and Regulations Enforcement Agency (NESREA), has put any programme in place to ameliorate the sufferings of the people of the state.(NAN)
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