13 Percent Derivation: Gross Violation Of Niger Delta people’s Rights – SAN

By Ebere Agozie


A Senior Advocate of Nigeria (SAN) Mohammed Ndarani says the provision of Resource control and the principle of derivation in Section 44 (3) of the 1999 Constitution is a violation of the Niger Delta region’s rights.


Ndarani made the call during a chat with newsmen on Monday in Abuja.


The senior lawyer noted that Section 44 (3) of the 1999 Constitution also took away the rights of locals to control their resources.


“The owners of these resources should have control over them and pay stipulated taxes to the federal government as it obtains in other countries of the world.


“Denial of this control makes states to be treated like slaves, as they go cap in hand to the federal government for money to run the affairs of their states.


“The 13 per cent derivation is a gross violation of the rights of the people of the oil rich Niger Delta region.


“Also, the exclusion of some states like Niger and others who are hydro electricity generating states from the 13% derivation is an aberration which ought to be corrected’’.


He called for the return to Regional government as the 1999 constitutions (as amended) is incurably defective, deficient and grossly flawed in its promotion of federalism.


He recalled that regional government held sway in Nigeria from its pre-independence period but was altered by the military after a coup d’etat in 1966.


“Since then, no part of the country has had it good ever again.


“The presidential system being practiced now has been a dismal failure, having consistently and progressively failed to deliver the dividends of democracy to Nigerians.


“It has failed to implement budgets, fight corruption, self-seeking economic policies and intractable security challenges and sectional approach to issues of state’’.


He said that among some of the notable flawed provisions are the failure of full autonomy of the three tiers of government and the over-centralization of power in the President and the National Assembly.


“This translates to limited autonomy and decision making capacity for the constituent parts of the country like States and Local Governments.


“There is also the provision on immunity for elected officers of government without borders, which is the precursor to impunity, a culture of endemic corruption through which some gain unimpeded access to the nation’s treasury.


“This helps elected officers to evade punishments for the crimes committed while in office, but for which they cannot and have never been prosecuted’’.


“Other flaws include lack of judicial independence to take care of financial autonomy, independent means of appointment, promotion, discipline and assurances that no punishment shall follow their decisions, no matter what.


“The other area is that of non-inclusion of referendum on the process of amendment of the provisions of the constitution.


“The Constitution does not promote equal and effective representation by gender, culture and ethnic diversity.


“This has led to feelings of marginalisation and neglect by a cross section of the country, as care was not taken to include all ethnic tribes and nationalities.


“This implies that some ethnic people and tribes are shut out from the government at the national, state and local government levels’’.


Ndarani equally frowned at the constitution for the excessive powers it vested in the president.


“The Nigerian president is one of the most powerful elected personages on planet earth by virtue of the enormous powers vested on him by the constitution. This ought not to be so and is the cause of Nigeria’s political and economic woes”.


He, therefore, called for the decentralization of power from the centre to the regions, states and local governments to enable them exercise powers over a more items in our constitution.

“This will invariably put considerable autonomy and decision-making capacity at the disposal of the constituent parts of the country like states and local governments.


“It will ensure that the constituent parts, states, provinces, local governments and districts enjoy a more rights to self-determination.


“There will also be a fast and well-coordinated promotion, protection and development of the traditional lifestyle, culture and languages of the people and therefore halt the gradual extinction of our local languages and culture’’.