E.K Clark Fumes over Payment of 13% Oil Derivation to States …Urges FG to pay direct to oil communities
By Our Reporter
WARRI- IN an apparent denunciation of Governors of the Niger-Delta states, former Federal Minister for Information and South-South leader Chief Edwin Clark has called on the Federal Government to stop paying 13 per cent Derivation to the oil communities through the governments of the oil states, saying it was unconstitutional.
He lamented that oil and gas producing communities have had little or nothing to show in the past 13 years for the over N7.282 trillion collected by the state governments
For some years running, oil communities have at daggers drawn with their state governments, some of which had set up state oil agencies to manage the Derivation fund on grounds that they were being shortchanged by governors, who refused to released the 13 per cent in full.
Chief Clark made the call in Warri, yesterday, while playing host to the leadership of oil and gas producing communities of Nigeria, led by the traditional prime minister of Gbaramatu kingdom and former chair of the Delta State Oil Producing Areas Development Commission, DESOPADEC, Chief Wellington Okirika.
He said only direct allocation of all 13 per cent fund through an administrative committee would guarantee rapid transformation of the deprived and neglected oil and gas producing communities
The elder statesman stated that there was nowhere in the 1999 Constitution that it was stipulated 13 per cent Derivation Fund should be paid through any state government, saying, “The Federal government should stop paying the 13 per cent Derivation Fund through the state governments.”
His words, “The provision in the 1999 constitution is clear, 13 per cent Derivation Fund stands on its own. It is not part of any consolidated revenue of any tier of government, nor part of any State Joint Local Government Account, 13% Derivation Fund should then been treated on its own,” he asserted.
As in the case of fund from fuel subsidy managed through a national committee, headed by Dr. Christopher Kolade, he advised the federal government to put in place a National Derivation Committee on 13 percent Derivation Fund with state implementation committees.
He said oil and gas producing communities have had little or nothing to show in the past 13 years for the over N7.282 trillion collected by the state governments.
The large delegation from oil and gas producing communities, drawn from six Niger Delta states of Ondo, Edo, Delta Bayelsa, rRvers and Akwa. Ibom seized the occasion to express their profound gratitude to Chief. E.K. Clark for the support he has given them in the renewed struggle to get direct payment of 13 per cent derivation fund to the oil and gas communities.
Only two weeks ago, a delegation of oil communities was in Abuja to brief Chief Clark about the latest developments in their renewed struggle to get 13 per cent derivation fund paid directly to the oil and gas communities.
After the goodwill messages and prayers for the nationalist, Chief Clark said he was father of the movement of oil and gas producing communities during the 1994/95 Constitutional Conference and confirmed that it was the pressure mounted by oil and gas communities that made 13 per cent derivation fund on of the chief decisions and resolutions of the conference.
He said the oil and gas communities exerted great pressure again during the 1999 Constitutional Drafting Committee to ensure that 13 per cent derivation fund was enshrined in the 1999 constitution.
According to him, “Section 162 (2) of the 1999 constitution of Federal Republic of Nigeria is specific about the owners of 13 per cent Derivation Fund. The fund is for oil and gas producing communities who are the source of derivation, as the basis of derivation principle in the 1999 constitution.”
He added that there was no mention of any state government in the provision of Section 162 (2) of the 1999 constitution of Nigeria.