By Jimitota Onoyume 

The Niger Delta Civil Society Forum (NDCSF) has  reiterated its call on President Bola Tinubu to pay the 13 percent derivation funds to oil and gas communities. 

In an  open letter, signed by its Coordinator, Comrade Ezekiel Kagbala, the Forum said it was compelled to speak out “in the spirit of patriotism, constitutionalism, and justice,” warning that the prevailing practice  of paying the funds to state governments undermined the supremacy of the 1999 Constitution (as amended) and continues to shortchange oil-producing communities of the Niger Delta.

The NDCSF noted that oil and gas matters are expressly listed under Item 39 of the Exclusive Legislative List in Part I of the Second Schedule to the Constitution, covering mines and minerals, including oilfields, oil mining, geological surveys and natural gas.

According to the Forum, by the doctrine of separation of powers, only the Federal Government acting through the President has jurisdiction over matters on the Exclusive Legislative List, stressing that state governors and state assemblies lack constitutional authority to legislate on, administer, or appropriate funds derived from oil and gas resources.

“Yet, for over thirty years, governors of oil- and gas-producing states and their state assemblies have exercised control over derivation funds,” the Forum stated, describing the practice as persistent constitutional overreach and illegality.

The NDCSF further cited Section 162(2) of the 1999 Constitution, which provides that the principle of derivation shall be “not less than thirteen per cent of the revenue accruing to the Federation Account from any natural resources.”

It argued that in the derivation principle, the 13% Derivation Fund is a first-line charge on the Federation Account, constitutionally set aside before the remaining 87 per cent is shared among the Federal, State and Local Governments.

“In law and practice, first-line charges are paid directly to beneficiaries. The Federal Government is a second-line charge, states third-line, and local governments fourth-line,” the Forum explained.

“However, the current practice of handing the 13% Derivation Fund to state governors to administer has no constitutional foundation and undermines transparency, accountability, and the intent of the Constitution.”

The Forum also recalled that when Chief Dr. Wellington Okrika, popularly known as “Mr. 13 Per Cent,” spearheaded the historic struggle for the derivation principle, state governors were not part of that agitation.

According to the NDCSF, no compensation or formal recognition was ever accorded to Chief Okrika, despite his central role in advancing the derivation principle that oil-producing states now benefit from.

“The present mindless abuse of the derivation principle by political actors who neither fought for it nor respect its constitutional foundations is unjust, morally troubling, and capable of attracting international intervention if allowed to continue unchecked,” the Forum warned.

To further support its position, the NDCSF referenced constitutional precedents. It recalled that under President Shehu Shagari, when derivation stood at 1.5 per cent, the funds were not disbursed to governors but managed through presidential oversight and monitoring structures.

Similarly, the Forum noted that when General Ibrahim Babangida increased derivation to 3 per cent, he established OMPADEC to centrally administer the funds, in recognition of oil and gas being on the Exclusive Legislative List.

“These actions respected constitutional boundaries and provide clear models for lawful and transparent administration,” the letter stated.

The NDCSF expressed concern over what it described as persistent silence by federal authorities despite repeated submissions of documents and constitutional references on the matter.

In its appeal, the Forum urged President Tinubu to issue an Executive Order to correct the alleged anomalies by