Lagos — CONSTITUTIONAL lawyer, Mr. Akpo Mudiaga-Odje, yesterday, applauded the seven states, Abia, Bauchi, Benue, Niger, Ogun, Oyon and Osun states, which recently instituted a legal action against the Federal Government on the illegality and unconstitutionality of the Excess Crude Oil Account, saying that it was the apposite thing to do in the circumstances.

Calling on the Governors of the states, comprising the Niger-Delta to join forces with the aforementioned states, he posited,

"The foundation of every modern democratic society is premised on the Rule of Law, which accentuates constitutional order and legal certainty. In such a society, the activities of government and its agencies are duly regulated by the laws of the land, principally referred to in a federal system as the Constitution."

He, however, regretted that in Nigeria, "The executive as previously personified by our former President Olusegun Obasanjo and the incumbent Alhaji Shehu Musa Yar'Adua, seems not to be in hurry to comply with the dictates of our constitution, especially Section 162 (1), (2) and (10), which establishes a Federation Account into which all revenues, including the so-called excess crude revenue, should be paid into."

According to Mudiaga-Odje, "It is our considered view that it is an illegal account into which the excess of the amount of the budget benchmark of the sale of crude oil is paid since 1999. Today, a barrel of crude oil sells for over $19 US dollars, yet the Federal Government pays only $59 US dollars into the Federation Account.

"If we may ask, Nigerians, where does the balance $60 dollars x 2.45 million barrels a day go? With this calculation, the people of the Niger-Delta get only 13 per cent of $59 instead of 13 per cent of $119 as provided by the constitution. Yet, the Federal Government speaks about the Rule of Law. In 2006, we budgeted $35 per barrel when same was selling for $70 per barrel. In 2007, we budgeted with $30 when it was selling for $75, and now, we have budgeted with $59 when it is selling for over $119. Where does the excess go?"

He queried, "With the illegal Excess Crude Oil Account now totaling over $15 billion, what is the share of the people of the battered Niger-Delta?", adding, "even with this huge amount, the people of the Niger-Delta are still in pandemic poverty, abysmal state of arresteddevelopment and our youths remain unemployed, with the elderly ones uncared for."