Court Orders FG To Pay Delta State $1.638bn As Derivative Arrears

Emmanuella Ekele  
Updated November 2, 2021
A file photo of a court gavel.
A file photo of a court gavel.


The Federal High Court in Abuja has ordered the Federal Government to pay the sum of N1.638 billion dollars to the Delta State government, as part of the 13 per cent derivative arrears of revenue payable to the state.

Delivering judgment o Monday, Justice Donatus Okorowo held that he was satisfied with the amount of 13 per cent derivative sum due as arrears of revenue payable to Delta State.

He granted all the reliefs that were sought by the state government, adding that the suit being an action instituted to recover revenue accruing to the Delta State qualified for the undefended list.

Justice Okorowo, therefore, declared the suit as unchallenged.

READ ALSO: COP26: Jeff Bezos Hails Nigeria’s Resolve To Restore Degraded Lands

Counsel to the state government, Ken Njemanze, had filed a suit in which the Attorney-General of the Federation, Abubakar Malami, was listed a respondent.

In the suit, he prayed the court to compel the Federal Goverment to pay five per cent of $50 billion recovered as additional revenue that accrued to the Nigerian government.

Ruling on an ex parte application on July 22, the court held that the “plaintiff’s writ of summons be marked and placed on the undefended list.”

In his verdict on Monday, Justice Okorowo granted all the reliefs of the Delta State government.

“The suit succeeds on its merit and all the reliefs sought by plaintiff are granted,” he stated.

This followed an affidavit set forth by the Attorney-General of Delta State on the grounds upon which the government’s claim was based.

The state government asked the court for an order directing the defendant (AGF) to pay the sum of $ 1,638,396,277.00 (One billion, six hundred and thirty-eight million, three hundred and ninety-six thousand, two hundred and seventy-seven United States dollars) being the 13 per cent derivative sum due as arrears of revenue payable to Delta as assessed.