The Nigerian Bar Association, Minna Branch, notes with keen interest and a deep sense of constitutional concern the recent legal action instituted by the Niger State Government at the Supreme Court of Nigeria, challenging its longstanding exclusion from the 13% derivation benefits under Section 162(2) of the 1999 Constitution (as amended).
The Branch commends the courage, clarity of purpose, and constitutional fidelity exhibited by the Government of Niger State in seeking judicial interpretation and intervention on this weighty matter of fiscal justice and federal equity.
For decades, Niger State has served as the host to major hydroelectric dams, namely Kainji, Jebba, Shiroro, and most recently, Zungeru. These infrastructure facilities have consistently contributed enormous megawatts of electricity to the national grid, sustaining Nigeria’s industrial, commercial, and domestic energy demands across the federation and beyond. However, despite this critical national role and the environmental, social, and economic costs borne by the host communities, the State has not been accorded its rightful place among the beneficiaries of the constitutionally guaranteed 13% derivation funds.
This lacuna, if not corrected, constitutes a manifest injustice and a breach of the spirit and letter of the Constitution. Section 162(2) is explicit in its recognition of the need for special fiscal allocation to resource-producing states. Hydropower, derived from natural water resources and land areas submerged and converted to reservoirs, fits squarely within the contemplation of that constitutional provision. It is both ironic and regrettable that while Niger State provides the platform for such immense federal revenue and energy generation, it remains excluded from the benefits of derivation.
Furthermore, the displacement of local communities, loss of agricultural land, environmental degradation, and recurring flooding resulting from the operations of these dams are well documented. These sacrifices, endured over the decades, strengthen the moral, legal, and equitable basis for Niger State’s claim.
The NBA Minna Branch, therefore, lends its voice to this cause and aligns with the principled position advanced by the State’s legal team, led by the eminent Mr. Mohammed Ndarani, SAN. We believe this case presents an opportunity for the Supreme Court to clarify the scope of resource entitlement under the Constitution and reinforce the imperative of fairness in fiscal federalism.
As always, we reaffirm our unwavering commitment to upholding the rule of law, protecting the constitutional rights of our people, and advocating for a just and equitable Nigeria.
Signed:
Isyaku Barau
Chairman,
Nigerian Bar Association,
Minna Branch.
