By Samuel Oyadongha

Yenagoa — Fresh crisis is brewing in the oil bearing communities of the Niger Delta, as the people have warned the Revenue Mobilisation, Allocation and Fiscal Commission, RMAFC, that anything short of direct allocation of the 13 per cent derivation through the National Derivation Board was unacceptable to them.

They faulted the present arrangement, whereby the 13 per cent derivation fund is paid to the governors of the oil producing states, insisting that it has to be paid to the oil bearing communities.

In a position paper presented by Chief Wellington Okirika, leader of the Oil/Gas Producing Communities of Nigeria, to the Engr. Elias Mbam-led RMAFC, zonal hearing in Yenagoa, Bayelsa State, they argued that if the constitution of Nigeria was truly supreme, then section 162[2]of the 1999 Constitution was clear enough for anybody to know that 13 percent derivation belongs exclusively to the people of the oil/gas bearing communities as compensation and reparation for loss of their productive farmlands and fishing rights, and not for state governments to use as they please.

The position paper, also signed by Chief William Igere for Delta, Mr Sam Ebiwanno for Ondo, Princess Nomwen Uhunmwangho for Edo, Chief Onyema Olujie for Abia, Chief Brisibe Opukime Nabena for Bayelsa, Chief Appolos Emenike for Rivers, Alhaji Abrahim Ikansin for Cross River and Mr. Temple Okonji for Imo, warned that unless the constitution was respected fully, the people will have no choice but confront the government directly.

The oil/gas producing communities stressed that the state governors were not entitled to receive and manage  the 13 percent derivation.

They insisted that “it is lucid that the principle of 13 percent derivation is firmly entrenched under the proviso to Section 162 (2) above. Accordingly, in whatever formula, the National Assembly adopts, it must constantly reflect 13 percent derivation.”

Consequently, the leadership of the oil/gas communities said, 13 percent derivation is prior charge on the Federation Account and/or and revenue formula under Section 162 thereof and enacted at any time. They said that it was a mandatory provision and/or a condition precedent to the constitutionality of any revenue formula in Nigeria.

“Thus, where there is no provision for 13 percent derivation in any revenue formula, such a law will be null and void for violating a mandatory provision of the constitution. This principle has been notoriously applied by the apex court of Nigeria. The 13 percent drivation is not part of Consolidated Revenue Fund of any tier of government nor does it form part of funds to be included in the Joint State and Local Government Account. Indeed, having clearly set aside the mandatory 13 percent derivation under the proviso to Section 162 (2) thereof, it becomes an entrenched right standing on its own.

“Accordingly, it must be treated sui generis of its own kind and specially, too. Thus, it does not form part of any Federal Government or State Government’s Consolidated Revenue Fund,” they said.