“We Power the Nation, Yet Receive Nothing”: Niger State Sues FG at Supreme Court, Seeks Share of 13% Derivation Fund

The Niger State Government has instituted a legal action at the Supreme Court against the Attorney-General of the Federation, challenging its exclusion from the list of states receiving the 13 per cent derivation fund.

In an originating summons filed by Senior Advocate of Nigeria, Mohammed Ndarani, the state is urging the apex court to interpret and apply Sections 232(1) and (2) of the 1999 Constitution and determine whether Niger qualifies as a resource-producing state under Section 162(2).

The state seeks to be included in the 13 per cent derivation fund as provided by the Allocation of Revenue (Federation Account, etc.) Act, 2004. It argues that Niger has, for decades, contributed to national development through hydroelectric power generation.

The suit accuses the Federal Government of failing to remit revenue derived from hydroelectric dams located in the state—specifically Kainji, Jebba, Shiroro, and Zungeru. This omission, the state contends, constitutes a constitutional violation and a gross neglect of host communities.

Ndarani stated that the dams have been operational since 1968, supplying significant megawatts of electricity to Nigeria’s national grid and even powering exports to neighbouring countries such as Niger, Benin, and Togo. Yet, he noted, Niger State has never been classified as a derivation beneficiary.

He explained that the Attorney-General was listed as the sole defendant due to his constitutional duty to represent the Accountant-General, Auditor-General, and the Revenue Mobilisation Allocation and Fiscal Commission—all responsible for disbursing funds from the Federation Account.

The senior lawyer argued that while the Federal Government continues to benefit economically from the dams, it has failed to address the environmental and socio-economic consequences suffered by host communities.

The dams, he said, occupy extensive stretches of land, depriving locals of farmland and increasing the risk of flooding. The resulting floods have reportedly led to the loss of lives, livestock, and property, causing mass displacement and hardship across the state.

Supporting its claims, the state government cited its own Physicochemical/Microbiological Impact Assessment Report, which documented extensive environmental degradation in the affected areas. It warned that conditions may deteriorate further if not urgently addressed.

According to figures referenced in the suit, data from the National Bureau of Statistics shows that electricity produced from the dams and fed into the national grid between 2020 and 2023 exceeded 10 million megawatts. However, no data exists for electricity generated between 1968 and 2019.

Despite decades of substantial revenue from hydroelectric production, Ndarani said Niger State continues to suffer “penury and misery,” receiving no compensation, infrastructural development, or environm
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