The 13 % Derivation Principle has no Bearing on sharing the template developed by the NDDC management and is therefore Unconstitutional

Some people are trying to justify the flagrant injustice, glaring imbalance, and lopsidedness in the politics of who gets what and how or the distribution of resources among the members of States of the Niger Delta Development Commission (NDDC) on the quota of oil produce by each of them. 

However, there is absolutely nothing in the NDDC Act 2000 (as amended). 

The NDDC Act is clear and unambiguous on the Membership of the NDDC. 

For clarity, the Member States of the NDDC Act are as follows:

Abia State;

Akwa Ibom State;

Bayelsa State;

Cross River State;

Delta State;

Edo State;

Imo State;

Ondo State;

Rivers State.

See section 4 (1) (i-xi) of the NDDC Act.

Therefore it is illegal, wrongful, null, and void for the management to import or make policy on what the legislature has not contemplated. 

Where a law or statute has laid down how something should be done, you cannot do anything contrary or different from what the legislature has legislated.

If the  NDDC Act contemplated that scholarship awards, employment, appointments, and sitting of projects should be based on the quota of crude oil production made by each Member State, it would have clearly said so. 

The derivative principle contained in the  Constitution of the Federal Republic of Nigeria,1999 (as amended ) provides that if the natural resources in any State are exploited and yield revenue, then a certain percentage of that revenue should be given back to that State while the rest will accrue to the Federation Account to be enjoyed by other States.

According to the 13% derivation funds come from the federation account to oil-producing communities through the State governments as enshrined in section 162(2) of the Constitution. 

The 13% derivation principle has no application and bearing with the tenor of the NDDC Act and therefore cannot under any guise be the premise for the sharing of scholarship awards, employment, and promotion of staff; sitting of projects among the member States of NDDC.

Therefore the use of the 13% derivation principle as shown in the NDDC 2024 Budget Call Circular to allocate projects amongst the 9  Membership States of NDDC by the management committee of the NDDC upon which it was ascertained that Cross River State contributes to zero percent in oil production is scandalous, wicked, whimsical, wrongful and illegal.

Our brothers and sisters should not destroy the historical and cultural ties, unity, solidarity, and brotherhood that exist among the people of the Niger Delta Basin or Region on the altar of greed and avarice. 

Historically the Niger Delta Region is made up of three sub-regions namely Western Delta, Central Delta, and Eastern Delta. 

Akwa Ibom and Cross River States constitute the Eastern Delta flank of the Niger Delta Region. 

Any attempt to exclude Cross River State will not stand. 

As long as Cross River State is not delisted or removed from the NDDC Act as a Member State, it is entitled to everything that accrues to other Member States based on equality  

Chief Okoi Obono-Obla