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October 23, 2024

Reps mull increase in derivation fund from 13% to 50%

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By Gift ChapiOdekina, Abuja

The House of Representatives is considering a constitutional amendment bill aimed at increasing the derivation fund from the current “not less than 13 per cent” to not less than 50 per cent to ensure the development of all Nigerian states and regions where mineral resources are being extracted.

The bill sponsored by Awaji-Inombek Abiante and 8 other members has been slated for debate on Tuesday.

The decision was arrived at by the Speaker, Tajudeen Abbas after a session of the House pleased to be given copies of the bill to study when the matter came up during plenary for second reading on Wednesday in Abuja.

The bill seeks to alter section 162(2) of the 1999 constitution by deleting the words ‘not less than thirteen per cent’ and inserting ‘not less than fifty percent’.

According to the general principle of the bill made available to Vanguard, the proposed legislation is in response to the clamour of the present administration to right the wrongs of previous regimes and ensure the practice of true federalism.

The sponsors of the Bill argue that the initiative is in tandem with the dream of the founding fathers of Nigeria.

They argued: “Let us indeed renew the hope not only of our founding fathers but also that of generations after us by the unanimous endorsement to review quickly and to amend the formula to not less than fifty per cent (50%) according to the Independence Constitution of 1960 and the Republican Constitution of 1963 in Sections 134 {1 (a &b)} and 140 {1(a & b)

“It is noteworthy to add that including all revenues from VAT in this sharing arrangement will enhance competition among the states for increased productivity by making their environment friendlier for investment to increase their revenue. This is in tandem with the spirit of equity and justice”.

He stressed that “there has been the discovery of one billion barrels of crude oil and gas in the North-Eastern part of the country along the Chad Basin in neighbouring Bauchi and Gombe states; there are gold fields in Zamfara, Niger, Osun, Kwara, Ebonyi, Kaduna, Edo and Bauchi states and also the FCT; tin mining in Plateau and Nasarawa state among others.

“The truth is, every state in Nigeria is endowed with mineral resources and this bill seeks to ensure that states and regions where these minerals are extracted from also have their revenues allocated according to the 50% derivation formula”.

The Rivers lawmaker argued that the current formula of revenue sharing renders the collective wisdom of our patriots/statesmen and their intellectual wisdom worthless.

He said further that the current “not less than thirteen per cent” derivation entrenched in the 1999 Constitution is grossly inadequate and a misrepresentation of the Spirit of pre-independence negotiations and agreements.

He stressed that “even in the intent and desire to ensure the rehabilitation and development of the damaged environment where mineral resources (liquid, gaseous and solid) are derived for the sustenance and development of the whole country does not also seem achievable with the current practice of 13%.

“This Bill is not all about resource control but an attempt to address the myriads of issues bordering on the meagre “not less than 13%” derivation fund payable to states on revenues derived from their environment as provided for in Section 162(2) of the 1999 Constitution of the Federal Republic of Nigeria as (amended).

“It is important to state that this amendment is not only relevant for today but also for the future. Some of us may feel that this section that we seek to amend makes no meaning to them, because, their states are not presently affected. But it is pertinent to ask, what about the future?

“Let us remember that every state in the Federal Republic of Nigeria is blessed with abundant natural resources capable of turning the economic fortunes of the country. The increased interest by the Federal Government to reduce the dependence on oil and gas as the mainstay of our economy means attention will be shifted to the solid minerals”.

He said further that the huge environmental impacts of the exploitation of natural resources on the host communities are devastating, including pollution, hunger, insecurity and youth restiveness.

He said “the meagre “not less than 13%” derivation as presently provided for by the 1999 Constitution of the Federal Republic of Nigeria encourages Illegal exploitation and mining of our natural resources. It is said he whose parents provide enough food does not bring disgrace to his parents by fighting for food outside. It is a truism that rich parents who do not provide enough food for their children despite having them in abundance can only encourage such children to pilfer from them.

“The illegal refineries that litter the entire Niger Delta region and illegal mining sites across some other parts of Nigeria are reflections of non-commitment of enough funds for the development of these areas.

“The deployment of enough funds means more development in terms of social, economic and security infrastructures. The various State Governments’ ability to build industries will keep the restive youths engaged and away from crimes, especially from the illegal mining and exploitation of natural resources.

“The eradication of illegal mining will mean more money for the Federal and the State governments to share for development purposes, besides the energy and the resources used in chasing and closing illegal operators, would be channelled to fast-track the development and protection of the region and indeed any part of the Federation as presently is where mineral resource or any revenue is gotten for the running of the business of Governance, hence the urgent need to increase the derivation fund from “not less than thirteen per cent” to “not less than fifty per cent”.

“This menace of oil theft has become a threat to our national security and economy, hence the recent tour of the Niger Delta region by the National Security Adviser, Mallam Nuhu Ribadu, Chief of Defence Staff, Minister of Defence, Minister of State for Petroleum Resources, Chief of Air Staff on the 26th of August, 2023 with the strong determination to fight illegal refineries.

“The revenue allocation formula as previously enshrined in both the Independence and Republican constitutions will certainly resolve this issue and make for greater patriotism and a sense of commitment from all. This sense of patriotism will reduce or eliminate oil theft and illegal mining as constantly reported.

“It will also make for greater development hinged on healthy competition as witnessed in the pre-independence Nigeria and the First Republic where we had the famous Cocoa House, the University of Ibadan, the University of Nigeria, Nsukka, the University of Ife as it was then called, the famous groundnut pyramid in Kano, the foundation for the eventual establishment of the Ahmadu Bello University, the Western Nigeria Television and several others”.