PANDEF warns against deleting principle of derivation in revenue allocation from Constitution

The General Assembly of Pan Niger Delta Forum (PANDEF), at an emergency (virtual) meeting on Monday warned against the plot to delete the principle of derivation in revenue allocation in Nigeria from the Constitution by northern lawmakers. The Meeting which was chaired by PANDEF National Chairman, Senator Emmanuel Ibok Essien, had in attendance Critical and Strategic Stakeholders of the Niger Delta Region; including representatives of Governors, former governors, members of National Assembly both serving and former, retired top military and security officers, members of PANDEF Board of Trustees, Presidents of Ethnic Organizations, First Class Traditional Rulers, Leaders of Oil and Gas Host Communities, Women and Youth Leaders, Civil Activists as well as Niger Deltans in the Diaspora.

PANDEF National Leader, Chief Edwin Kiagbodo Clark, delivered a goodwill message at the meeting while the Director-General of BRACED Commission, Ambassador Joe Keshi, gave a keynote speech.

The meeting deliberated extensively a Bill cited as Constitution (Alteration) Bill 2021, intending to delete Subsection 2, Section 162 of the 1999 Constitution (as amended), sponsored by 59 Members of the House of Representatives from the Northern Nigeria; given its socio-economic consequences on the Niger Delta Region and the Country at large.

Arising therefrom, the Meeting resolved as follows:
Noted that following the Richard’s Constitution of 1946 and Macpherson’s Constitution of 1951, Derivation Principle became a major factor in Revenue Allocation in Nigeria. And was reflected in both the 1960 Constitution and 1963 Constitution.

That the principle of derivation as encapsulated under the proviso to Section 162 (2) of the 1999 Constitution (as amended), was aimed at providing recompense to the producers of any natural resources for the expropriation and sequestration of their rights to control and manage same, by the Nigerian State.

That when revenues from cocoa (in the West), groundnut (in the North), and Palm Produce and Coal (in the East) were the nation’s economic mainstay, derivation in the Revenue Allocation principle was not less than 50 per cent.

Noted that derivation, as a revenue allocation principle, has been resolutely suppressed since crude oil became the country’s major revenue earner. Meanwhile, oil and gas exploration activities have degraded the hitherto luxuriant, healthy ecosystem of the Niger Delta, and damaged the indigenous people’s means of livelihood, with little or no effort to ameliorate their consequential dire standard of living.

PANDEF, therefore, insisted that the principle of derivation in revenue allocation in Nigeria cannot be deleted from the Constitution.

the meeting noted that it is not only against the principles of fairness, equity and justice but atrocious and wicked to contemplate deleting derivation principle from the Nation’s Constitution.

The Meeting, therefore: Unequivocally and in full resolution, condemned the obnoxious and Satanic Bill intended to delete Subsection 2, Section 162 of the 1999 Constitution (as amended) and describes the Bill as a “Legislative Coup” against Oil and Gas Producing States and Regions of the Country.

Warned that the Niger Delta people are ready and mobilized to dispense full resistance against this wicked machination and any future attempt to further Economically Emasculate the Region and its people. “We will resist this Satanic and Senseless Coup with every fibre in our being. If they move one more step, we will respond in kind,” PANDEF declared.

the meeting described the sponsors of the Bill, the 59 ignominious, and barefacedly dishonourable Members of the House of Representatives and their clandestine backers, as “Terrorists”, who do not care about the peace, progress and corporate existence of Nigeria.

the meeting reminded the 59 dubious and rapacious Members of the House of Representatives, their Sponsors and indeed all Nigerians that the Derivation principle was negotiated by the founding fathers of Nigeria before Independence and it cannot be deleted now. “And that any attempt to do so is a call to anarchy,” they added.

The meeting implored President Muhammadu Buhari and the National Assembly to focus attention on addressing the fundamental issues confronting the country, instead of further stoking the ambers of discord and disharmony.

Noted that the extant 13% derivation has not been reviewed for 22 years, despite the constitutional provision for review of revenue allocation every five (5) years, to reflect changing economic realities.

PANDEF, consequently, demanded an immediate increase of the 13% derivation to 50%.

PANDEF maintained that, the position of the Niger Delta People is 50% Derivation, and nothing less.

PANDEF in a joint statement by Senator Emmanuel Ibok Essien, National Chairman, Akwa Ibom State; Chief Hon. Thompson Okorotie, Deputy National Chairman, Bayelsa State; Senator Bassey Ewa- Henshaw, PANDEF State Chairman, Cross Rivers State; Prof. G. G. Darah, PANDEF State Chairman, Delta State,  Dame Betty Igbeyi, PANDEF National Woman Leader, Edo State; and Prof. B. B. Fakae, Member, PANDEF BoT, Rivers State; declared that the Meeting was held in an atmosphere of peace and collective commitment to the decisions.