In what is considered as an interesting suit, the Niger State Government recently stirred up controversy when it dragged the federal government to the Supreme Court over the state’s omission from the 13 per cent derivation over the power being generated in the state.
In the suit before the apex court, the state government, through its counsel, Mohammed Ndarani (SAN), asked for the interpretation and application of section 232 (1) & (2) of the 1999 Constitution.
The suit also seeks to include the state in the 13 per cent derivation, as enshrined in the Enactment of Allocation of Revenue (Federation Account, etc.) Act, 2004. He wants the court to determine whether Niger State does not qualify to be classified among the states that produce natural resources and therefore are entitled to 13 per cent derivation within the meaning of 162(2) of the 1999 Constitution.