The Niger State government has dragged the Attorney-General of the Federation and Minister of Justice to the Supreme Court over omission in the 13 percent derivation.

In an originating summons filed at the apex court, Niger state government through its counsel Mohammed Ndarani, SAN, seeks the interpretation and application of section 232 (1) & (2) of the Nigerian constitution.

The suit seeks the inclusion of Niger state in the 13 percent derivation as enshrined in the Enactment of Allocation of Revenue (Federation Account, etc.) Act, 2004.

He wants the court to determine whether Niger State does not qualify to be classified among the states that that produce natural resources and therefore entitled to thirteen percent derivation within the meaning of 162(2) of the 1999 constitution.

The subject matter of the suit is the failure of the federal government to include Niger State among the beneficiary states of the 13 percent derivation.

It is also about the omission of remitting same proceeds of fiscal revenue generated and accrued through Hydroelectric Power dams in Niger State, the territory and part of the resources of Niger State to the overall electricity generation to the national grid in Nigeria since 1968 till date.

Ndarani argued that the State hosts four major hydroelectricity dams: Kainji Dam, Jebba Dam, Shiroro Dam and Zungeru Dam, which serves as a power house for electricity supply to various states in Nigeria.

He also said that through these power stations, the Federal Government extends electricity supply to the Republics of Benin, Togo and Niger

He averred that the attorney-general was brought before the apex court because he has an oversight legal advice function over advising and representing the Accountant-General

The Accountant-General has the constitutional role of preparing the Nation's Financial Statements arising from collection and receipts of income, fees, rentals and taxes and payment out of the Federation Account.