Editorial
Time To Account For 13% Derivation Refunds
How did the other South-South states, aside from Rivers, expend their arrears of the 13 per cent derivation refunds that were illegally deducted from the oil-producing states by the Federal Government since 1999? That is the tough question on the lips of some stakeholders mostly in the affected states.
This came after the startling revelation by the Rivers State Governor, Chief Nyesom Wike, that Nigeria’s President Muhammadu Buhari authorised and paid the arrears to Rivers, Bayelsa, Delta, Edo and Akwa Ibom States. Wike spoke on the development last Friday during the inauguration of the N17 billion Port Harcourt Campus of the Nigerian Law School.
Responding to those who had been seeking to know how the Rivers State Government was able to obtain funds to execute projects many of which are being inaugurated or commissioned, Wike replied that President Buhari’s gesture was the major source of revenue for his projects, including the flyovers, the law school, the cancer centre, among others.
Hear him: “Monies that were not paid to the Niger Delta states since 1999 mainly 13 per cent deductions, the President approved and paid all of us in Niger Delta states.” Wike had reiterated a similar remark at two separate events afterwards. Following the disclosure, stakeholders have begun to ask their governors questions on how they spent or are spending their allocations of the money.
Now that the Rivers State Chief Executive has let the cat out of the bag, some of his fellow governors in the region have come out of their comfort zones to offer explanations or tell cock-and-bull stories better told to the marines. This divulgence indicates that Wike is truly fighting for the masses, even though he stands the risk of making more enemies for himself.
Speaking on the matter through his Chief Press Secretary, Olisa Ifeajika, the Delta State governor, Ifeanyi Okowa, said the state had drawn only N30 billion from its accrued share of N270 billion from the 13 per cent derivation arrears. He said his administration opted to access its share through a bridge finance loan of N150 billion from a bank. The Delta governor declared that since the Federal Government could not pay the money in bulk, the oil-producing states agreed for some part of it to be disbursed within three years and the other within five years.
Some Bayelsa stakeholders took to social media over the slow pace of development amidst considerable resources. The big question on their lips has been what happened to Bayelsa’s stake in the money paid by the Federal Government? Similar questions are asked by residents of Akwa Ibom and Edo States. While some have threatened to use the Freedom of Information (FoI) Act to compel their government to account for the money, others have called for a probe into the seemingly looted funds.
Astonishingly, some governors in the Niger Delta could receive such a tremendous amount of money in these hard times yet decline to pay salaries and pensions regularly. In some affected states, infrastructure is decrepit and development is apprehended. While Governor Wike has been building flyovers and executing other developmentally-oriented projects in his state with the windfall, the question is, what have the other governors who got a similar treasure-trove been doing with theirs?
It is time transparency and disclosure were enforced in the administration of the 13 per cent derivation by state governments. Reportedly, eight states have been benefiting from the scheme. The eight oil-producing states received about N6.589 trillion from the federation account under the derivation principle, between 2009 and 2019. Sadly, there has been little or nothing to show for such allocation in some beneficiary states as agitations for benefits continue among the people directly impacted by oil production.
For states receiving derivation payments, translucency is even more key, given the history of state governors’ management of these funds. That way, the temptation to yield to corruption risks is reduced, wasteful spending is curtailed and oil-producing communities have a greater chance of getting these funds to work in their interest.
Governor Wike deserves commendation for exposing the non-performing governors in the crude oil and gas-rich Niger Delta region, who collect huge derivation funds and arrears but without any corresponding projects on the ground to justify the allocations. But for his bringing the situation to limelight, many would not have been aware of it. The other governors in the region must ensure that their funds reflect massive developmental and infrastructural projects, as seen in Rivers.
We hail President Muhammadu Buhari for authorising the payment of the funds to the deserving states and not playing politics with it, particularly since the benefiting states are virtually in the opposition Peoples Democratic Party (PDP). This is an abiding testimony to the President’s political maturity and his commitment to the tenets of democracy and the rule of law. As can be seen, Buhari’s release of the money has enabled the Rivers governor to embark on more projects in the state.
Unfortunately, the 13 per cent derivation which is a form of royalty for mineral owners has been hijacked for political expediency rather than meeting the needs of the host communities. There must be a paradigm shift away from political expedience in the use of the funds to employing it to maximise the social and economic welfare of the oil-producing communities in particular and the state in general.
An energy expert and former adviser at Nigeria Extractive Industries Transparency Initiative (NEITI), Garuba Dauda, said extractive revenues face a huge utilisation challenge at both national and subnational levels in Nigeria. He stressed that there were far-reaching accountability gaps in the management of oil revenues at both national and subnational levels of government, especially the 13 per cent derivation.
Accountability remains key if benefit transfer must get to the citizens. The need to imbibe and integrate corporate best practices in the oil and gas industry in Nigeria must include holding the state governments accountable for disbursement of the 13 per cent derivation funds. Oil-producing communities in derivation-receiving states must be seen to be enjoying the dividends of the derivation.
Workers in the Rivers State civil service have been eulogising Governor Siminalayi Fubara for delivering on his promise to implement a new minimum wage of N85,000, which was reflected in the salaries paid for November. This increase is N15,000 higher than the national minimum wage of N70,000. This represents not only an enhancement in the financial welfare of civil servants but also a recognition of their hard work and dedication to public service. The raise has been met with widespread jubilation among the workforce, who have long advocated for a better wage to cope with rising living costs and economic challenges.
As the news spread, offices filled with laughter and sigh of relief, as employees exchanged stories of how this financial boost would positively impact their families and dependants. The new minimum wage is not just a number; it symbolises the government’s commitment to improving the standards of living for civil servants and fostering a more equitable workforce. Many workers expressed their gratitude for the governor’s timely intervention, highlighting how important it is for public servants to feel valued and adequately renumerated.
Governor Fubara’s decision is expected to reinforce morale within the civil service, fostering greater productivity and dedication among employees who contribute significantly to the state’s development. With the new wage in place, there is a renewed sense of optimism among civil servants, who now feel more empowered to serve the government and the citizens with greater enthusiasm and commitment.
The Governor had declared an increase in salaries for state workers, emphasising that this adjustment is not only a reflection of the government’s commitment to improving the welfare of its employees but also a strategic move fueled by the state’s enhanced Internally Generated Revenue (IGR). He assured workers that the financial backing for this increment is sustainable, stemming from the state’s focused efforts to bolster revenue through various initiatives, including tax reforms and enhanced efficiency in public service delivery.
Furthermore, the governor’s promise of funding the increment solely through increased IGR signifies a commitment to fiscal responsibility and transparency. It reassures the people that the government is proactively managing resources while investing in their future. As the state continues to explore opportunities for revenue enhancement, Fubara’s administration remains focused on ensuring that these initiatives translate into tangible benefits for the workforce, ultimately fostering a more motivated and dedicated public sector.
The decision by Fubara to be the first in Nigeria to implement the new national minimum wage is a commendable step that reflects a proactive approach to governance and an understanding of the pressing needs of the workforce. In an economy where many families struggle to make ends meet, especially in the face of rising living costs, this enterprise will improve the quality of life for workers and also set a precedent for other states to follow.
In recognising the various drives and support provided by Fubara’s government, it is necessary that the workers reciprocate by embodying a spirit of productivity and commitment to the current administration’s goals. They should align their daily operations with the administration’s objectives to enhance effectiveness and foster an environment of collaboration and trust. This reciprocal relationship can lead to innovative solutions and efficient service delivery, ultimately benefiting the state and strengthening public trust in government institutions.
Surprisingly, despite the political challenges the government has been navigating, alongside the myriad of ambitious projects it is embarking on, it has managed to raise funds to implement a minimum wage of N85,000 This achievement reflects a commendable level of resilience and resourcefulness within the government’s fiscal strategies. In a nation often marred by economic volatility and political discord, finding a way to sustain and even elevate the livelihoods of its employees is no small feat.
Workers in the state have truly found themselves in a remarkably advantageous position under this administration, especially when compared to the previous regime. The immediate past government’s blatant refusal to implement the minimum wage of N30,000 left many employees disheartened and struggling to meet their basic needs. What was even more disconcerting was the absence of meaningful negotiations with labour representatives, leaving workers feeling unheard and undervalued. In contrast, the present administration has prioritised dialogue and engagement with labour unions, recognising the importance of fair wage for workers’ contributions to the state’s economy.
With the current government’s commitment to improving wages and working conditions, it is clear that a major shift has taken place. This renewed focus on the welfare of workers empowers them and instils a sense of hope and optimism for the future, as they can now look forward to a more equitable and supportive work environment. Ultimately, the ongoing trajectory suggests a promising era for labour relations in the state, one where workers are valued and their rights upheld.
Siminalayi Fubara has consistently demonstrated his dedication to workers’ welfare since taking office in May last year. Unlike his predecessor, who left many employees feeling overlooked and unsupported, Fubara wasted no time in addressing the longstanding stagnation of promotions that had plagued the workforce for eight years. He took further steps towards financial justice by initiating the long-overdue payment of gratuities that were neglected during the last administration.
Similarly, we urge the governor to take another step forward by reviewing the stipends received by pensioners. The current pension amounts have become woefully inadequate, leaving many of them who dedicated their lives to public service struggling to make ends meet. These dedicated individuals who have contributed to the development of our dear state now find themselves in a precarious financial situation, receiving stipends that are alarmingly low and insufficient to cover basic living expenses. The rising cost of living has rendered their pensions nearly meaningless. Therefore, a comprehensive reevaluation of these stipends is a required measure to ensure that those who have served our state with honour can live their remaining years with dignity and security.
In a report from the National Pension Commission (PenCom), it was disclosed that only 26 states in Ni-
geria have implemented the Contributory Pension Scheme (CPS), two decades after the Pension Reform Act (PRA) 2004 was passed. The report highlights the inconsistent espousal of the CPS across states, with some states partially adopting the scheme, others not yet participating, and some facing challenges in getting the bill approved in their state legislative assemblies.
In 2012, the Rivers State Government, under the leadership of former Governor Chibuike Rotimi Amaechi, embarked on a critical initiative by enforcing the Contributory Pension Scheme. This strategic move aimed to establish a sustainable pension system by requiring contributions from both the employer and the employee. The arrangement was designed to ensure that employees have a secured and reliable source of income post-retirement, fostering financial security and stability for the workforce.
Following the introduction of the plan, the government adopted a three-year transition that aimed to fully implement the scheme by 2015. During this transition period, the authorities focused on educating both employers and employees about the benefits and responsibilities of the CPS. This included workshops, seminars, and public awareness campaigns to ensure that all stakeholders were well-informed about the scheme.
The creation of the CPS represents an important milestone in the ongoing efforts to overhaul and enhance the state’s pension system, aiming to establish a more robust and secure retirement savings framework for its workforce. The primary objectives of the CPS are to effectively tackle the inherent shortcomings of the former pension system, including limited coverage, insufficient benefits, and financial uncertainty. This strategic framework is designed to ensure that employees receive sustainable and dependable retirement benefits.
However, to ensure fairness and protect the rights of all workers, it is imperative that the effective date of the contributory pension law be prospective, applying only to workers hired in or after 2012. This would allow those employed before 2012 to continue to benefit from the provisions of theDefined Benefit Scheme (DBS), while ensuring that new hirees are subject to the updated pension provisions.
Unfortunately, the pension programme has experienced several challenges. Despite monthly deductions being taken from civil servants’ salaries for their counterpart funding, the government has not fulfilled its obligation to contribute its share. This has impeded the advancement of the scheme and has left many civil servants without sufficient pension arrangements upon retirement.
As a result, the state pension law has undergone multiple revisions to address the issue of retiring civil servants who ordinarily should be covered by the contributory scheme. The amendments have aimed to accommodate these individuals within the DBS which provides a guaranteed level of pension, based on years of service and salary grade level.
The inability of the contributory pension scheme to gain traction has sparked worries about the long-term viability of the state pension system. The absence of government contributions has resulted in a funding shortfall that jeopardises the government’s capacity to fulfil its pension commitments to employees in the future.
Even if the CPS was created to address the perceived shortcomings and lack of sufficient funding of the DBS by combining funds from employers and employees’ contributions to pension funds custodians, retirees under the scheme have not experienced better outcomes than those who retired under the DBS. On the contrary, the execution of the CPS is different from what its advocates led employees to expect.
The complaints regarding the implementation of the CPS are varied and concerning. Retirees are underpaid despite years of dedicated service, with some having served for the mandatory 35 years. Corruption is rampant within the system, and many state governments and employers are not complying with the provisions of the Reform Act, 2014. Labour leaders in the country have criticised the scheme as being anti-workers and retirees welfare. The Association of Senior Civil Servants of Nigeria (ASCSN) has even called for the scheme to be scrapped, labelling it as a “huge fraud.”
Similarly, we urge the Rivers State Governor, Siminalayi Fubara, to completely abolish the contributory pension scheme in the state, as it will not benefit civil servants. We are particularly concerned about the future of workers who will retire under this scheme, especially since the current legislation allowing for the Defined Benefit Scheme will be obsolete in June next year, when the contributory pension law will be effective.
Moreover, the state government is deducting and remitting workers’ contributions to the pension scheme, but failing to contribute their own counterpart funds as required by law. This action is a violation of the rights of contributors as outlined in section 4(1) of the Pension Reform Act 2014. According to this section, employers are mandated to contribute a minimum of 10 per cent of an employee’s monthly salary to their pension fund administrators. Employers are also required to deduct a minimum of eight per cent from the employee’s salary and remit it to the fund administrator.
A government that supports labour rights, like the current one, should not allow workers to suffer from a failed retirement scheme. Workers who are close to retirement age should not have to face unnecessary challenges. The failure of the scheme is evident from the number of agencies that have withdrawn from it. Therefore, it is important for the state leadership to revoke the legislation.
Unlike previous administrations that may have disregarded the experiences of workers in the state, the present government has consistently recognised and appreciated their contributions. The labour-friendly policies of this government have shown its dedication to the well-being of workers. However, the failed retirement scheme remains a critical issue that needs to be addressed.
Determined to make a difference in governance, Rivers State Governor, Sir Siminalayi Fubara, has signed an Executive Order aimed at the establishment of an investment agency. This initiative is poised to coordinate the growing number of enquiries and business interests expressed by local and foreign investors who now consider the state a destination of first choice. The Governor has endorsed Executive Order No. 002 of 2024, establishing the Rivers State Investment Promotion Agency (RIPA), presented by the Attorney General and Commissioner for Justice, Dagogo Israel Iboroma, SAN.
The Governor explained that what he had just done was to give force to one of the recommendations in the report submitted to him by the committee that handled the organisation of the Rivers State Economic and Investment Summit in May. He said it was undisputed that the summit served as a veritable platform to open up the state for economic advancement, adding that the Investment Promotion Agency would be a one-stop shop to handle all related activities seamlessly in the state.
Fubara said: “This will enable investors, when they come in; they won’t need to run around, and maybe, fall into wrong hands or associations that will want to rip them off their investment stakes. With this, they will have an agency that they could go to, liaise with and the agency will have the required answers to whatever it is that they will need to address concerns before it.”
It is common knowledge that Rivers State is rich in natural resources and has a thriving economy primarily driven by oil and gas. However, beyond these industries, there is an abundance of other untapped opportunities in agriculture, tourism, and technology. Yet, despite its wealth of resources, the state has faced numerous challenges such as infrastructural deficits, poor governance in the past, and an economy heavily reliant on oil. As a result, diversifying the economy has become obligatory.
This development is a significant step towards making Rivers State a premier investment destination, with the Agency expected to play a critical role in attracting and retaining businesses, creating jobs, and driving economic growth. Fubara’s action points to the fact that beyond organising the summit, his administration can live up to fulfilling its promise of making Rivers State great again, economically. Any wonder the Governor stated he was not going to end with the signing of the Executive Order alone but would drive it to a conclusive end to achieve the desired fulfilment that Rivers people expected.
The recent inauguration of RIPA’s board marks a watershed moment in the state’s economic trajectory. Fubara’s decision to set up the Agency reflects his administration’s commitment to reversing the economic decline that has plagued the state for years. By appointing a new board, the government aims to inject fresh ideas and perspectives into the establishment, promoting a culture of transparency, efficiency, and accountability.
Entrepreneurial drive is strong in our state, leading to the daily rise of small-scale enterprises and new entrepreneurs. In today’s world, aspiring business owners frequently face challenges like insufficient funding, limited access to information about available resources, bureaucratic obstacles, and a lack of supportive government policies. The current administration should acknowledge these challenges and be dedicated to stimulating a favourable investment climate.
While the Governor’s vision and the Agency’s efforts are critical, achieving sustainable economic transformation will require collective engagement from all stakeholders. The active participation of the community, local businesses, and civil society is essential for the realisation of these goals. Community involvement is pivotal in ensuring that the needs and aspirations of the populace are integrated into the economic policies and initiatives. Creating avenues for public participation not only empowers citizens but also nurtures a shared sense of responsibility towards the development of the state.
The role of the media cannot be understated in this collective effort. The media serves as a watchdog and an informer, ensuring that the government remains accountable and that citizens are aware of opportunities and challenges in the economic landscape. As with any ambitious vision, several challenges may impede the speed to economic transformation in the state. These challenges must be acknowledged and addressed to ensure that progress is sustainable. The government, alongside the Agency, must proactively identify the barriers and develop strategic solutions.
Corruption remains a vital hurdle in many sectors in Nigeria, and Rivers State is no exception. To combat this, the government must demonstrate unwavering commitment to transparency and accountability, ensuring that funds allocated for development are utilised effectively. Also, the state must prioritise infrastructure development, which is foundational to economic growth. By investing in modern infrastructure, the government can lay the groundwork for enhanced productivity and attract local and foreign investors, nourishing an environment conducive to economic development.
Fostering partnerships with international organisations and development agencies can provide valuable resources and expertise. Such partnerships can facilitate technology transfer, capacity building, and investment opportunities that enrich the local economy. Furthermore, the message of economic transformation must be communicated to all residents of the state. Building awareness and consensus around the vision for the state will galvanise support and encourage collective participation in the transformation endeavour.
Undeniably, Fubara’s leadership and vision have given Rivers people hope for a better economic future and his initiative has put the state on the path to realising its full potential. Its commitment to creating an investment-friendly environment is necessary to attract investors and stimulate economic growth. RIPA’s mandate to return Rivers State to its rightful place as an economically viable entity is a challenge that requires collective effort and support.