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Niger State Drags FG To Court Over Of 13% Derivation Fund - Politics (2) - Nairaland

Nairaland ForumNairaland GeneralPoliticsNiger State Drags FG To Court Over Of 13% Derivation Fund (6228 Views)

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Re: Niger State Drags FG To Court Over Of 13% Derivation Fund by ALTERNATEID: 12:18pm On Aug 01, 2025
Kukutente23:
Go and read the Federation allocation act 2004 before you start making wrong conclusions
The funds must be gotten directly from the use of the natural resource. I hope you can understand what that means
Is water not a natural resources?
Re: Niger State Drags FG To Court Over Of 13% Derivation Fund by seunmsg(m): 12:25pm On Aug 01, 2025
Kukutente23:
What are you saying? The dams are built on Rivers not sea or ocean
Wetin bring shore and nautical miles into this matter
If Niger cannot get derivation from a river within its footsteps, why should another state be getting derivation from oil extracted about 200 nautical miles away? Is that fair to you? In fact, Nigeria is the only country that gives derivation to a littoral federating unit for resources extracted beyond 3 nautical miles. So, let’s just be fair to all.
Re: Niger State Drags FG To Court Over Of 13% Derivation Fund by Greenback: 12:39pm On Aug 01, 2025
seunmsg:
If Niger cannot get derivation from a river within its footsteps, why should another state be getting derivation from oil extracted about 200 nautical miles away? Is that fair to you? In fact, Nigeria is the only country that gives derivation to a littoral federating unit for resources extracted beyond 3 nautical miles. So, let’s just be fair to all.
If Nigeria divides today or if there was no Nigeria,who own that 200 NMs offshore resource you are talking about?
Re: Niger State Drags FG To Court Over Of 13% Derivation Fund by Akpan107(m): 1:33pm On Aug 01, 2025
Celestialsword:
No northern states is among the oil producing states in Nigeria.
Kogi State is a oil producing state...
Re: Niger State Drags FG To Court Over Of 13% Derivation Fund by Kukutente23: 1:41pm On Aug 01, 2025
seunmsg:
If Niger cannot get derivation from a river within its footsteps, why should another state be getting derivation from oil extracted about 200 nautical miles away? Is that fair to you? In fact, Nigeria is the only country that gives derivation to a littoral federating unit for resources extracted beyond 3 nautical miles. So, let’s just be fair to all.
What you're ranting about is totally unrelated to the issue at hand

The issue is whether Niger have the right to 13% derivation of funds due to presence of dams. As far as legality is concerned, the answer will be a straight No.

There are also those who will ask why Akwa Ibom should have to take only 13% of its natural resources while the rest are given to states it has no cultural or historical ties with.

Besides, I'm surprised you're supporting a Northern state to the detriment of a southern state. I thought you guys loved the SS so much you gave them SP and FCT minister. Are you saying you want to give them this positions to rob them of their God given resources?
Re: Niger State Drags FG To Court Over Of 13% Derivation Fund by Kukutente23: 1:41pm On Aug 01, 2025
ALTERNATEID:
Is water not a natural resources?
It is
Re: Niger State Drags FG To Court Over Of 13% Derivation Fund by Afrojuju2017(m): 2:46pm On Aug 01, 2025
helinues:
Hahahaha, una want to collect 13% because of dam. Damn
They have a legitimate claim. Water is a natural resource and electricity generated from the dams is sold as a commodity by the FG to foreign nations.

The real solution is the FG need to allow LGAs benefit the majority of yields from their lands. The FG can act as a gatekeeper to ensure that state governors and LGA chairpersons don't sign business agreements that's risk the sovereignty of the nation.
Re: Niger State Drags FG To Court Over Of 13% Derivation Fund by Afrojuju2017(m): 2:49pm On Aug 01, 2025
Urgent1Million:
FG should give them 13% of debts from electricity generation and supply.
Or they want to collect 13% of oil revenues?
The 13% revenue guarantees that the state from where the resource controlled by the FG is generated gets 13% of the proceeds of that resource, be it oil, water, and in the case of Nasarawa lithium.

The FG need to have a very strong determined mines and solid minerals minister because the nation is loosing billions to theft and also suffering the insecurity
Re: Niger State Drags FG To Court Over Of 13% Derivation Fund by Afrojuju2017(m): 2:51pm On Aug 01, 2025
fabolouz1:
these northerners are ridiculous , the 13% is for oil production and not just any mineral resources.
The 13% s for hosting the extraction of mineral resources. Be it oil, water, lithium, gold.

This would hopefully force the FG into implementing resource control or find a mid-point
Re: Niger State Drags FG To Court Over Of 13% Derivation Fund by Afrojuju2017(m): 2:52pm On Aug 01, 2025
TheStranger:
Is the federal government mining any natural resources in Niger state?
Water is a resource, if you ask UN clean water is the greatest resource for humanity. Nations who suffer drought and floods know this to be very true
Re: Niger State Drags FG To Court Over Of 13% Derivation Fund by Afrojuju2017(m): 2:57pm On Aug 01, 2025
Qc1:
What is the definition of natural resources? Is a dam natural or created? Is water a natural mineral? Is electricity a resources, if yes, is it natural? I believe those are the questions that will be settled in court.

This will be an interesting case. I will wish Niger State win this impossible case so that Lagos State will also sue the FG that will subsequently lead to change of derivation distribution in Nigeria.
A dam is a structure built on a suitable water body. By putting that dam within their state they essentially turn the region into a flood plain.

So they suffer the consequences of that inconvenience
Re: Niger State Drags FG To Court Over Of 13% Derivation Fund by Afrojuju2017(m): 2:57pm On Aug 01, 2025
Qc1:
What is the definition of natural resources? Is a dam natural or created? Is water a natural mineral? Is electricity a resources, if yes, is it natural? I believe those are the questions that will be settled in court.

This will be an interesting case. I will wish Niger State win this impossible case so that Lagos State will also sue the FG that will subsequently lead to change of derivation distribution in Nigeria.
What is the resource in Lagos State?
Re: Niger State Drags FG To Court Over Of 13% Derivation Fund by Afrojuju2017(m): 3:01pm On Aug 01, 2025
Godfullsam:
their request is tenable to be honest.

what i find difficult to believe is the claim that many residents who were subsistence farmers do not have enough land to farm because of these dams.
this is a blatant lie from the shallow pit of zungeru dam.
The flood plain would have been expanded due to the presence of the dams, and I suspect other disturbances due to the high voltage power generation causing electromagnetic issues rendering hundreds of acres around the facilities inaccessible, I don't doubt the claim.
Re: Niger State Drags FG To Court Over Of 13% Derivation Fund by Afrojuju2017(m): 3:04pm On Aug 01, 2025
Armaggedon:
You want derivation from a non depreciating resource. That's height of greed. Only a changed VAT formula can help them.
A dam is a depreciating resource, it's only ever a matter of time before it breaks and caused destruction.
Re: Niger State Drags FG To Court Over Of 13% Derivation Fund by Afrojuju2017(m): 3:06pm On Aug 01, 2025
gabbasin:
Lagos State too should demand 13% derivation from what FG is making from the 3 ports, Apapa port, Tin can port and the Lekki deep sea port.
The ports are not a natural resource. Lagos should rather seek a special status as the now first lady then Senator Rémi Tinubu in her bill, that would allow them to support the ports. That couor also be a percent of revenue from the ports.
Re: Niger State Drags FG To Court Over Of 13% Derivation Fund by Afrojuju2017(m): 3:08pm On Aug 01, 2025
Urgent1Million:
I agree that their request is constitutional.
But like you rightly mentioned, the dams aren't causing any environmental hazards to the host communities.
The dams actually contribute to irrigation and fishing activities.
That the communities don't have lands to cultivate is so false.
If they are planning to reference flooding, it won't fly because floods happen even in places without dams.
That's why I don't see them going anywhere with the case.
Evidently you don't know what a dam is or how a dam operates. I for one wouldn't own a home anywhere near a dam definitely not downhill of a dam.

Everything from erosion, flooding, soil instability just name it. Dams impacts their immediate environment very greatly. All fishing and water activity that would have previously happened along the water body that is dam'ed would either cease or reduce significantly
Re: Niger State Drags FG To Court Over Of 13% Derivation Fund by Armaggedon: 3:09pm On Aug 01, 2025
Afrojuju2017:
A dam is a depreciating resource, it's only ever a matter of time before it breaks and caused destruction.
a dam is a resource?
Re: Niger State Drags FG To Court Over Of 13% Derivation Fund by Afrojuju2017(m): 3:10pm On Aug 01, 2025
Kukutente23:
While I wish this case will favour niger state, the hard fact is that electricity is not a natural resource. The federation allocation act specifically mentions 13% derivation from funds obtained DIRECTLY from natural resources.
If this request is granted, a state like Kogi can also demand for 13% derivation of all federal roads passing through the state since soil is also a natural resource and roads are built on soil
Water is a natural resource, their water has been dam'ed.

They don catch FG for this one really
Re: Niger State Drags FG To Court Over Of 13% Derivation Fund by Afrojuju2017(m): 3:12pm On Aug 01, 2025
Armaggedon:
a dam is a resource?
You don't know it is ! , when you dam the water you create a resource from which you generate water or irrigate farmland, however dams are built to last for decades not hold forever. One day it would fail the intention is always to either extend that day or decommission the dam before then. And a old unused dam is eve worse than a working dam.

Or maybe I should have used the term depreciating asset.
Re: Niger State Drags FG To Court Over Of 13% Derivation Fund by Kukutente23: 3:28pm On Aug 01, 2025
Afrojuju2017:
Water is a natural resource, their water has been dam'ed.

They don catch FG for this one really
Aargh

But you saw the word directly there

Haba!! English o
Re: Niger State Drags FG To Court Over Of 13% Derivation Fund by Armaggedon: 3:28pm On Aug 01, 2025
Afrojuju2017:
You don't know it is ! , when you dam the water you create a resource from which you generate water or irrigate farmland, however dams are built to last for decades not hold forever. One day it would fail the intention is always to either extend that day or decommission the dam before then. And a old unused dam is eve worse than a working dam.

Or maybe I should have used the term depreciating asset.
you are confusing yourself. water is a resource whether dammed or not. Dam is not a resource; it is a federal government infrastructure. A hydroelectric dam is non depreciating, that's why it's called renewable energy. Aside this, water bodies upon which dams are built traverse several states. While a dam may be build in a particular state, the consequences affect other states where the water body traverse. That's why dam is majorly federal project. Asking for derivation on federal government infrastructure is the height of idleness and greed. Learn!
Re: Niger State Drags FG To Court Over Of 13% Derivation Fund by seunmsg(m): 3:53pm On Aug 01, 2025
Greenback:
If Nigeria divides today or if there was no Nigeria,who own that 200 NMs offshore resource you are talking about?
Well, Nigeria is still existing and those deep offshore should belong to all Nigerians since there is absolutely no impact of its extraction on the nearest state.
Re: Niger State Drags FG To Court Over Of 13% Derivation Fund by seunmsg(m): 4:49pm On Aug 01, 2025
Kukutente23:
What you're ranting about is totally unrelated to the issue at hand

The issue is whether Niger have the right to 13% derivation of funds due to presence of dams. As far as legality is concerned, the answer will be a straight No.

There are also those who will ask why Akwa Ibom should have to take only 13% of its natural resources while the rest are given to states it has no cultural or historical ties with.

Besides, I'm surprised you're supporting a Northern state to the detriment of a southern state. I thought you guys loved the SS so much you gave them SP and FCT minister. Are you saying you want to give them this positions to rob them of their God given resources?
We are having a discussion on legality, international law and best practices and you’re already trying to blackmail me with political issues. You Peter Obi supporters always find a way to bring tribalism into every issue for political gain.
Re: Niger State Drags FG To Court Over Of 13% Derivation Fund by Celestialsword: 4:59pm On Aug 01, 2025
Akpan107:
Kogi State is a oil producing state...
No it's not an oil,producing state.

Kogi is one of the poorest state in Nigeria

No northern states is among the oil producing states, they should be contented with the minerals they have
Re: Niger State Drags FG To Court Over Of 13% Derivation Fund by Kukutente23: 5:06pm On Aug 01, 2025
seunmsg:
We are having a discussion on legality, international law and best practices and you’re already trying to blackmail me with political issues. You Peter Obi supporters always find a way to bring tribalism into every issue for political gain.
It is you who is polluting this thread with inanities
You've not raised any legal reason why Niger state should get 13% derivation for hosting dams. Instead you jumped to Akwa Ibom that's totally unrelated and started talking about shores and nautical miles in a typically ignorant manner.
Can you point out any international law and best practices that says a state should share revenue accruing from a federal investment it is hosting? I'm sure you can't point to any
Re: Niger State Drags FG To Court Over Of 13% Derivation Fund by Goke7: 5:08pm On Aug 01, 2025
That's why the north needs to support restructuring and resource control.
Re: Niger State Drags FG To Court Over Of 13% Derivation Fund by Celestialsword: 5:11pm On Aug 01, 2025
seunmsg:
Well, Nigeria is still existing and those deep offshore should belong to all Nigerians since there is absolutely no impact of its extraction on the nearest state.
Doesn't the oil belongs to all Nigerians.

Is it not the oil money that is propelling the nation.

Is it not the oil money they use to share every month among all the states in the country including many barren states expecially in the north.

How else do you want it explained,if the oil was there be in the north, would this country not be shared long time ago.

The oil is the one Nigeria we have today
Re: Niger State Drags FG To Court Over Of 13% Derivation Fund by WizardOfNG: 5:15pm On Aug 01, 2025
KillahPriest:
This is a very interesting case and I think Niger state has the right to test the laws on this, legal juggernauts shall have a field day cool
I kinda agree with you. Let's inspect the arguments, for and against, objectively.

The concept of fairness should always be revisable as times and circumstances change. It cannot be rigid and inflexible.
Re: Niger State Drags FG To Court Over Of 13% Derivation Fund by gawu1: 5:23pm On Aug 01, 2025
davodyguy:
Same State that named Airport after Bola Tinubu?

This country 🤔🧐
It seems you have an "ipobpigian" mentality. Just because an airport was named after Tinubu, does that mean the state shouldn't request what they believe is their due from the Federal Government? By the way, is Tinubu the same as the Federal Government?
Re: Niger State Drags FG To Court Over Of 13% Derivation Fund by Afrojuju2017(m): 6:54pm On Aug 01, 2025
Armaggedon:
you are confusing yourself. water is a resource whether dammed or not. Dam is not a resource; it is a federal government infrastructure. A hydroelectric dam is non depreciating, that's why it's called renewable energy. Aside this, water bodies upon which dams are built traverse several states. While a dam may be build in a particular state, the consequences affect other states where the water body traverse. That's why dam is majorly federal project. Asking for derivation on federal government infrastructure is the height of idleness and greed. Learn!
You already fell on your sword. An hydroelectric dam is a depreciating structure because it can't last forever, everyday it's in operation wear and yeartwoild set in, the turbines themselves have a lifetime.

The fact it's is renewable energy doesn't mean that the Dam infrastructure is thereby self replenishing, it only applies to the water that services the dam.

I believe the states that have a dam deserve to receive a special funding because of the impact of the dam on the dwellers there.

Since the government can't provide them large tax breaks as the nation doesn't have a tax system like that, there should be a federal grant or something significant because when dams releases cause flooding in their state I don't suffer for it as they do.
Re: Niger State Drags FG To Court Over Of 13% Derivation Fund by Ikpongiton: 7:51pm On Aug 01, 2025
The best to do is to re visit resource control, so that no body will use fund source from other states to sponsor terrorism.
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