Festus Ahon
18 November 2008
For failing to review up ward the 13% derivation paid to oil producing states in the last ten years, the Federal government has been dragged before the Federal High Court in Benin to answer questions on possible constitutional breaches.
Dr. Akpo Mudiaga-Odje who instituted the suit told newsmen in his office in Warri yesterday that despite reviewing upward twice the emolument of political office holders, the federal government have failed to review the 13% derivation.
Joined in the suit which originating summon was made available to journalists, are President Umaru Musa Yar'Adua, the Attorney General of the Federation, the Revenue Mobilization Allocation and Fiscal Commission (RMAFC), and the National Assembly.
Mudiaga- Odje held that the RMAFC has grossly neglected " to upwardly review the 13% derivation accruing to the oil producing states in conformity with changing realities as directed by section 32 (b) of item N of the 1999 constitution".
While justifying his action of taking the Federal Government to court, he said getting the Federal Government to review upward the 13% derivation politically has failed, as all effort since 1999 has not yielded any result.
Mudiaga-Odje who traced the evolution of the principle of derivation in Nigeria , explained that the nonchalant attitude of the appropriate government agencies to the issue has pushed him into vindicating "our rights through the due process of law".
He insisted that the people of the Niger Delta have come of age and therefore require "an increase in derivation for our youths to be gainfully employed; for industries to be put in place and gigantic infrastructural developments to take place".
He challenged the state governors in the region to judiciously utilize the 13% so far released for the betterment of the lives of the people, stressing that the oil money belongs to the people.
The human rights activist said the only way to demonstrate to the world that the people of the region have come of age was for the governors to invest the 13% derivation on the people which would justify their agitation.
He called on all sons and daughters of the region to join in the struggle, saying the issue has now moved into intellectual militancy.
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