The Supreme Egbesu Assembly (SEA) has given the Federal Government a 21-day deadline to grant oil-producing states greater control over their natural resources and ensure the payment of an agreed share of revenue.
The ultimatum was announced on Wednesday during a press briefing in Yenagoa, where the group also released a pre-action notice prepared by its legal team and addressed to the Senate and the House of Representatives.
In addition, SEA called on the Federal Government to approve 24 new local government areas for Bayelsa State, to be added to the state’s existing eight councils.
The group argued that the 1999 Constitution of the Federal Republic of Nigeria, as enacted by the National Assembly, contains provisions in Sections 44(3) and 162(2) that govern ownership of natural resources and the formula for revenue allocation and distribution across the federation.
According to SEA, Section 44(3) vests ownership and control of all minerals, mineral oils and gas—whether on land, in territorial waters or within Nigeria’s Exclusive Economic Zone—in the Federal Government.
The group noted that prior to Nigeria’s independence, the regions that later formed the country existed as autonomous entities with full control over their resources.
Even after independence, the 1960 and 1963 Constitutions reportedly allowed states to manage their natural resources, with about 15 percent remitted to the Federal Government.
SEA further traced changes to the derivation formula, stating that during the civil war period, the military government of General Yakubu Gowon introduced Decree No. 13 of 1970, reducing derivation to 30 percent.
Subsequent administrations, including those of Obasanjo/Yar’Adua and Shehu Shagari, further reduced the percentage, with the figure dropping as low as 1.5 percent under the Buhari/Idiagbon regime in 1984.
The group said derivation was later increased to 3 percent under the Babangida administration and maintained under General Sani Abacha until the 1999 Constitution raised it to 13 percent.
SEA also referenced Section 162(2) of the 1999 Constitution, which outlines factors such as population, equality of states, internal revenue generation, landmass, terrain and population density in revenue allocation, while stipulating that derivation should not be less than 13 percent of revenue derived from natural resources.
The assembly described Sections 44(3) and 162(2) as oppressive, unjust and inconsistent with the principles of state sovereignty and true federalism.
It further argued that the provisions contradict international instruments, including the United Nations Declaration on the Rights of Indigenous Peoples, as well as the International Covenants on Civil and Political Rights and on Economic, Social and Cultural Rights.
In its legal notice, SEA is seeking declarations that the current 13 percent derivation formula violates the principles of true federalism and state sovereignty, as well as court orders compelling the removal of Sections 44(3) and 162(2) from the Constitution.
The group warned that it would institute legal action if the Federal Government fails to amend the Constitution to allow states control over their natural resources and remit an agreed percentage within the 21-day period.
Prominent Niger Delta figures, including Dr. Felix Tuodolo, Weri Noel Digifa, Ebi Waribagha, Rosabella Jackson, Primrose Oringeriya-Kpokposei, Kabowei Akamande, Jacklloyd Thomas, David Imole Reje, Welman Warri Ombu and others, were identified as members of the group.
