Niger State litigates FG, demands 13% derivation on hydroelectric dams

The Niger State government is taking the Attorney-General of the Federation to the Supreme Court. The lawsuit is over the 13% derivation fund, which the state claims it is owed. Niger State argues that as the host of four major hydroelectric dams, it should be included among the states that produce natural resources and are therefore entitled to a share of the revenue.

The core of the issue is the federal government’s failure to include Niger State as a beneficiary of the 13% derivation fund since 1968. The state’s counsel, Mohammed Ndarani, SAN, argues that Niger State has been neglected while the federal government profits from the electricity generated by the Kainji, Jebba, Shiroro, and Zungeru Dams. These dams not only power states across Nigeria but also supply electricity to other countries like Benin, Togo, and Niger.

Niger State is an agrarian state, and the lawsuit highlights the significant environmental and social costs the dams have imposed on its people. Ndarani points out that the large land area taken up by the dams has displaced residents and prevented them from farming. The state has also suffered from incessant flooding, leading to the loss of lives, livestock, and property.

The suit seeks to remedy this continuous exploitation and impoverishment of the people of Niger State. The state government is asking the court to determine if it qualifies for the 13% derivation and to compel the federal government to include it. The lawsuit argues that the federal government has enjoyed the profits from the dams without providing any environmental protection or compensation for the state’s suffering.