By Obinna Uballa
The Niger Delta Civil Society Forum (NDCSF) has called on President Bola Tinubu to issue an Executive Order to ensure the legal, constitutional, and people-focused implementation of the 13 per cent Derivation Fund for oil and gas producing communities, particularly Host Communities (HOSCON).
In a statement signed by the Forum’s Coordinator, Ezekiel Kagbala, and made available to journalists in Warri on Wednesday, the NDCSF described the Executive Order as “imperative” due to persistent failures to administer the Derivation Fund in line with constitutional provisions and its original intent.
“The derivation principle was designed to directly address the developmental challenges and environmental burdens borne by oil and gas producing communities, but existing practices continue to undermine these objectives,” the Forum said.
The NDCSF said it has consistently engaged both electronic and print media and key federal institutions to press for corrective action. Among these engagements is the Revenue Mobilization Allocation and Fiscal Commission, which the Forum urged to fulfil its constitutional duty by recommending a lawful, transparent, and people-centred framework for implementing the 13 per cent Derivation Fund.
The Forum further highlighted that it has formally written to President Tinubu, appealing to him to exercise his constitutional authority over matters on the Exclusive Legislative Lis, specifically Item 39, under which oil and gas resources are classified.
“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,” the NDCSF stated.
The Forum recommended the establishment of a dedicated 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.
Citing historical precedents, the NDCSF noted that during the administration of former President Shehu Shagari, when the derivation formula stood at 1.5 per cent, Derivation Committees and a Presidential Monitoring Committee were created to oversee fund utilisation.
Similarly, under the administration of General Ibrahim Babangida, when the derivation was increased to 3 per cent, the Oil Mineral Producing Areas Development Commission (OMPADEC) was established to manage the funds through a specialised federal agency rather than direct allocations to state governments.
“These precedents show that allocating the 13 per cent Derivation Fund directly to state governments is inconsistent with constitutional intent, historical practice, and principles of equity and justice, as long as oil and gas remain on the Exclusive Legislative List,” the Forum said.
The NDCSF also paid 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 closed by renewing its appeal to President Tinubu to promptly issue an Executive Order that ensures the 13 per cent Derivation Fund is implemented transparently, constitutionally, and with the direct benefit of the people in mind, promoting equity, justice, peace, and sustainable development across Nigeria’s oil and gas producing communities.
