21-Day Countdown Begins: Egbesu Assembly Moves to Challenge FG Over Resource Control and Bayelsa LGA Expansion

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The Supreme Egbesu Assembly (SEA) has issued a 21-day ultimatum to the Federal Government, demanding greater control of natural resources for oil-producing states and the payment of an agreed share of revenue in line with what it described as the principles of true federalism.

The position of the group was made known on Wednesday during a press briefing in Yenagoa, Bayelsa State, where SEA also unveiled a pre-action notice prepared by its legal team and addressed to the Senate and the House of Representatives.

As part of its demands, the assembly called on the Federal Government to approve the creation of 24 additional local government areas for Bayelsa State, to complement the existing eight councils. The group argued that the move would promote administrative efficiency, equitable development and improved grassroots governance in the state.

Speaking at the briefing, SEA representatives cited Sections 44(3) and 162(2) of the 1999 Constitution (as amended), which deal with ownership of natural resources and revenue allocation across the federation.

According to the group, Section 44(3) vests ownership and control of all minerals, mineral oils and natural gas; whether found on land, in territorial waters or within Nigeria’s Exclusive Economic Zone; in the Federal Government. SEA maintained that this provision centralises resource control in a manner it considers inconsistent with the ideals of federalism.

The assembly further traced the evolution of Nigeria’s derivation principle, noting that before independence and in the early post-independence years, regions exercised significant control over their resources. It stated that under the 1960 and 1963 Constitutions, regions retained substantial proceeds from natural resources while remitting an agreed percentage to the centre.

SEA also highlighted policy shifts during the military era, referencing Decree No. 13 of 1970 under General Yakubu Gowon, which reportedly reduced derivation to 30 percent. The group noted that subsequent administrations made further adjustments, with the percentage declining significantly in later years before being increased to 3 percent under General Ibrahim Babangida and eventually fixed at a minimum of 13 percent in the 1999 Constitution.

The group pointed to Section 162(2) of the Constitution, which outlines criteria such as population, equality of states, internal revenue generation, landmass, terrain and population density in revenue allocation, while providing that derivation shall not be less than 13 percent of revenue derived from natural resources.

Describing the current constitutional provisions as “oppressive and unjust,” SEA argued that they undermine state sovereignty and contradict international legal instruments, including the United Nations Declaration on the Rights of Indigenous Peoples and other global covenants on civil, political, economic and social rights.

In its pre-action notice, the assembly is seeking judicial declarations that the 13 percent derivation framework does not reflect true federalism. It also seeks orders compelling the amendment or removal of Sections 44(3) and 162(2) to allow states greater authority over resources found within their territories.

SEA warned that it would commence legal proceedings if the Federal Government fails to initiate constitutional amendments within the stipulated 21-day period.

Among prominent Niger Delta stakeholders identified with the group are Dr. Felix Tuodolo, Weri Noel Digifa, Ebi Waribagha, Rosabella Jackson, Primrose Oringeriya-Kpokposei, Kabowei Akamande, Jacklloyd Thomas, David Imole Reje and Welman Warri Ombu, among others.

The development adds to ongoing conversations in the Niger Delta over restructuring, fiscal federalism and resource control, issues that have remained central to political discourse in the region for decades.

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