The Niger Delta Civil Society Forum has called on President Bola Tinubu to “issue an Executive Order to ensure the legal, constitutional, and people-oriented implementation of the 13 per cent Derivation Fund for oil and gas producing communities, particularly Host Communities (HOSCON)”.
This was contained in a statement signed by the Forum’s Coordinator, Ezekiel Kagbala, copies of which were made available to journalists in Warri, Delta State on Wednesday.
According to the Forum, ‘the demand for an Executive Order has become imperative due to the persistent failure to implement the Derivation Fund in line with constitutional provisions and the original intent of derivation”.
The NDCSF stated that “the derivation principle was designed to directly address the developmental challenges and environmental burdens borne by oil and gas producing communities, but existing implementation practices have continued to undermine these objectives”.
The Forum explained that it has sustained public advocacy through electronic and print media while also engaging key Federal Government institutions to press for corrective action.
It disclosed that part of these engagements involved the Revenue Mobilization Allocation and Fiscal Commission, which it urged to fulfil its constitutional responsibility by recommending to the President a lawful, transparent, and people-centred framework for implementing the 13 per cent Derivation Fund.
The NDCSF further noted that it has formally written to President Tinubu, appealing to him to exercise his constitutional authority over matters on the Exclusive Legislative List, specifically Item 39, under which oil and gas resources are classified.
The Forum maintained that “since oil and gas resources have historically and constitutionally remained on the Exclusive Legislative List, the President is empowered to act through an Executive Order to correct perceived anomalies in the administration of the Derivation Fund”.
As part of its recommendations, the Forum called for the establishment of a 13 per cent Derivation Fund structure in each oil and gas producing state, alongside the creation of a Presidential Monitoring Committee to ensure transparency, accountability, and effective utilisation of the Fund for the direct benefit of oil-producing communities.
To support its position, the NDCSF cited historical precedents noting that “during the administration of Ex-President Shehu Shagari, when the derivation formula stood at 1.5 per cent, Derivation Committees and a Presidential Monitoring Committee were put in place to oversee fund utilisation”.
“Similarly, under the administration of Ibrahim Babangida, when derivation was increased to 3 per cent, a dedicated federal agency the Oil Mineral Producing Areas Development Commission (OMPADEC) was established to manage the funds through a specialised structure rather than direct allocation to state authorities”, it added.
According to the Forum, “these precedents show that allocating the 13 per cent Derivation Fund directly to state governments is inconsistent with constitutional intent, historical practice, and the principles of equity and justice, as long as oil and gas remain on the Exclusive Legislative List”.
The NDCSF paid glowing tribute to Chief Dr. Wellington Okirika, popularly known as Mr. 13% Derivation, describing him as a living legend whose lifelong advocacy has kept the struggle for derivation on the national agenda.
The Forum concluded by reiterating its call on President Tinubu to urgently issue an Executive Order that would restore what it described as a transparent, constitutional, and people-centred implementation of the 13 per cent Derivation Fund, in the interest of equity, justice, peace, and sustainable development in Nigeria’s oil and gas producing communities.