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 at the apex court, the plaintiff, through its counsel, Mohammed Ndarani (SAN), is seeking the interpretation and application of Section 232 (1) and (2) of the 1999 Constitution (as amended).

The suit seeks the inclusion of the applicant in the 13 per cent derivation as enshrined in the Enactment of Allocation of Revenue (Federation Account, etc) Act, 2004.

It wants the court to determine whether Niger does not qualify to be classified among the states that produce natural resources, and therefore, is entitled to 13 per cent derivation within the meaning of Section 162(2) of the Constitution.

The subject matter is the failure of the Federal Government to include Niger among the beneficiary states of the 13 per cent derivation. It is also about the omission of remitting the same proceeds of fiscal revenue generated and accrued through hydroelectric power dams in the state, the territory and part of the resources of Niger to the overall electricity generation to the national grid in Nigeria since 1968 to date.

Ndarani argued that Niger hosts four major hydroelectricity facilities: Kainji Dam, Jebba Dam, Shiroro Dam and Zungeru Dam, and serves as a powerhouse for electricity supply to various states in the country. He also said that through these power stations, the Federal Government extends electricity supply to the Republics of Benin, Togo and Niger

The senior lawyer submitted that the AGF was brought before the apex court because he has an oversight legal advice function over advising and representing the Accountant-General.
 
The Accountant-General has the constitutional role of preparing the nation’s financial statements arising from the collection and receipts of income, fees, rentals and taxes and payments out of the Federation Account.

He added that the attorney-general at all times is charged with legally advising and representing the Auditor-General of the Federation and the Revenue Mobilisation Allocation and Fiscal Commission that oversees revenue accruing to, and disbursement of such funds from the Federation Account.

Ndarani said the defendant represents and advises the President on all legal matters involving the functions of the Nigerian leader, but had reportedly failed over the years in its duties.

This, according to him, 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 Niger State.

The learned silk pointed to the fact that Niger is a purely agrarian state, as the inhabitants are subsistent farmers, whose produce is enjoyed across the state and beyond.

He claimed that a Physicochemical/Microbiological Impact Assessment Report conducted by the state government showed the level of degradation in the affected areas. No date has been fixed for the hearing of the matter.