Supreme court
Niger State has taken the Attorney-General of the Federation to the Supreme Court over its exclusion from the 13% derivation fund allocated to resource-producing states. The state argues that despite hosting four major hydroelectric dams – Kainji, Jebba, Shiroro, and Zungeru – it has been denied its rightful share of the derivation fund.
These dams have been generating electricity since 1968, contributing significantly to Nigeria’s power supply and even exporting power to neighboring countries like Benin, Togo, and Niger Republic. However, Niger State claims it has never received derivation allocations tied to these resources, despite the substantial revenue generated.
The state’s counsel, Mohammed Ndarani, SAN, is seeking judicial interpretation of Sections 232(1) & (2) and 162(2) of the 1999 Constitution, as well as relevant provisions of the Allocation of Revenue (Federation Account, etc.) Act, 2004. He argues that the federal government’s failure to include Niger State among the beneficiary states constitutes a denial of rightful benefits and continuous exploitation.
The state has suffered recurrent flooding as a result of these dams, leading to loss of lives, destruction of property, and displacement of communities. A Physicochemical/Microbiological Impact Assessment Report revealed significant degradation in affected areas, and the state’s inhabitants, who are predominantly subsistence farmers, have been denied access to farmland and suffered environmental damage.
According to available figures, the dams contributed an estimated 10 million megawatts to the grid between 2020 and 2023, with the total megawatts generated per year being:
– 2,232,706.27 in 2020
– 2,632,348.00 in 2021
– 2,830,002.96 in 2022
– 2,658,612.96 in 2023
The Supreme Court is expected to determine whether Niger State qualifies as a resource-producing state under Section 162(2) of the Constitution, making it eligible for the 13% derivation fund .
