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Electricity Tariff Hike: Federal High Court Stops NERC

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By Martin Paul, Abuja

A Federal High Court sitting in Lagos, has ordered  immediate stoppage  to the  hike in electricity tariffs nationwide as earlier announced by the Nigeria Electricity Regulatory Commission(NERC).

 Although NERC had proposed a 70 per cent hike in the tariffs, the Federal High Court in Lagos gave order against 40 per cent increase in  the tariffs.

 The order given by Justice  Muslim Sule Hassan, was sequel to the suit by a group known as Incorporated Trustees of Human Rights Foundation, which requested that the court stopped the proposed 40 percent increase in the electricity tariff.

 “The implementation of the purported minor review of the Multi-Year Tariff Order will create unquantifiable hardship and damages on the Nigerian electricity consumers.

“Consumers will be made to pay very high tariff, which has been increased by over 40 per cent across the board of which is currently being billed”, the Rights Foundation quoted Justice Hassan to have said in its statement.

Furthermore, in its affidavit deposed to by Theodora Ubabunike, the group insisted that “it will amount to a great injustice to impose arbitrary electricity tariff on Nigerian electricity consumers.

“Nigerians will suffer monumental loss as many people will not be able to access power or access the same at very high tariff.

“I know that Nigerians are entitled to access public amenities like electrical power.”

Tariffs Hike Subject to Consultations – NERC

 Despite the stoppage, the NERC, also yesterday, avowed that it would continue with the hike after due consultations had been carried out with appropriate authorities.

Chairman of the board of NERC, Prof James Momoh, said the proposed tariff was only a review mandated to be effected twice in a year.

Speaking at a briefing to announce the hosting of international conference on energy, power systems and planning, which will take place in Abuja very soon, Momoh said the commission would engage the media and other Nigerians to discourse the possibility of the increase.

“There will be consultations. We have done our review and given a report card of what we saw based on all the indices.

“There is no immediate increase in tariff for customer. The proposal for proposed tariff review is what we are mandated to do as a regulator. We are to do it twice a year.

“We did the first one around June last year. January is here, thank God. We have no option but to do our job. We must do our job,” he said.

Momoh said the review was “simply a communication of what the commission has done as a regulator as it pertains to an increase or decrease in the tariff. If there is going to be increase, it will be based on consultations at a public forum”, he added

We’ll Oppose it – Consumer Forum

A group, the All Electricity Consumers Protection Forum, said it was opposed to   the proposed hike because “it would further impoverish Nigerians”.

National Coordinator of the Forum, Mr Adeola Samuel-Ilori, said the group was exploring legal options even though NERC had decided to engage with stakeholders pending the hike.

“We will resist the increment because it will further impoverish Nigerians and most certainly, we are going to court over it. We are going to seek for an injunction against it from a competent court of jurisdiction.

“One of the grounds for our reliefs is that it is not yet five years since the last Multi-Year Tariff Order (MYTO) was implemented which was in February 2016.

“Secondly, many consumers still buy transformers and line materials which are supposed to be purchased by the Distribution Companies (DisCos). “The third ground is efficiency. Going by Section 76 (I) (2) of the Electric Power Sector Reform Act 2005, the law says each licensee must have solved the issue of efficiency.

“We are currently generating not more than 5,000 Megawatts and how can that be called efficiency when it is being supplied to about 200 million Nigerians by the eleven DisCos? “So, it is on these premises that we are going to approach the court and our legal team has already started the processes.’’

 Samuel-Ilori, also a legal practitioner, said that the group would, however, continue to engage NERC through letters on why the increment was not feasible at this point in time.

Recall that the NERC had on Jan. 4 published new tariffs for the different DisCos and categories of customers on its website which was signed by its chairman and Secretary Prof. James Momoh and Dafe Akpeneye respectively.

The commission said that the order super-ceded the earlier one issued on the subject matter and “the new tariff regime takes effect from Jan. 1, 2020.’’

NERC noted that the order on the electricity tariffs hike had taken into consideration other actual changes in relevant macroeconomic variables and available generation capacity as at Oct. 31, 2019.

The commission said the order was in line with updating of the MYTO operating -2015 Tariff Order for 2019. According to NERC, this is in line with provisions of the amended MYTO Methodology.

“Projections are made for the variables for the year 2020 and beyond based on the best available information. The commission, however, based adjustments in the tariff on the relevant data obtained from the Central Bank of Nigeria (CBN) and the National Bureau of Statistics (NBS) such as average monthly inflation rate of 11.3 per cent, the exchange rate of N309.97”, the Commission added.

Presidency Reverses REA MD Suspension

Meanwhile, President Muhammadu Buhari has ordered a reversal of suspension of the Managing Director of Rural Electricity Agency (REA) Mrs. Damilola Ogunbiyi.

The Minister of Power, Mr. Sale Mamman, who announced the reversal, said the federal government, however, accepted her resignation to enable her take up her new role in the United Nations.

 “President Buhari has directed that the suspension of Mrs. Damilola Ogunbiyi from her role as Managing Director of REANigeria, be reversed.

“Her resignation effective 31 December, 2019 has been accepted to enable take up her new UN appointment” the Minister said in a statement.

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Yahaya Bello to Spend Christmas, New Year in Kuje Prison

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By Mike Odiakose, Abuja

Immediate past governor of Kogi State, Yahaya Bello will spend the 2024 Christmas and 2025 New Year days in Kuje prison, Abuja, following refusal of his bail application by the Federal Capital Territory High Court.

Justice Maryann Anenih yesterday adjourned the case until Jan.

29, Feb. 25, and Feb. 27, 2025 for the continuation of the hearing.

The former governor is standing trial, along with two others, in an N110 billion money laundering charge brought against him by the Economic and Financial Crimes Commission (EFCC).

Justice Anenih had refused to grant a bail application filed by Bello, saying it was filed prematurely.

The judge admitted Umar Oricha and Abdulsalam Hudu, to bail in the sum of N 300 million each with two sureties.

Justice Anenih, while delivering a ruling said, having been filed when Bello was neither in custody nor before the court, the instant application was incompetent.

“Consequently, the instant application having been filed prematurely is hereby refused,” she said.

Recalling the arguments before the court on the bail application, the judge had said, “before the court is a motion on notice, dated and filed on Nov. 22.

“The 1st Defendant seeks an order of this honourable court admitting him to bail pending the hearing and determination of the charge.

“That he became aware of the instant charge through the public summons. That he is a two-term governor of Kogi State. That if released on bail, he would not interfere with the witnesses and not jump bail.”

She said the Defendant’s Counsel, JB Daudu, SAN, had told the court that he had submitted sufficient facts to grant the bail.

He urged the court to exercise its discretion judicially and judiciously to grant the bail.

Opposing the bail application, the Prosecution Counsel, Kemi Pinheiro, SAN, argued that the instant application was grossly incompetent, having been filed before arraignment.

He said it ought to be filed after arraignment but the 1st Defendant’s Counsel disagreed, saying there was no authority

“That says that an application can only be filed when it is ripe for hearing.”

Justice Anenih held that the instant application for bail showed that it was filed several days after the 1st defendant was taken into custody.”

Citing the ACJA, the judge said the provision provided that an application for bail could be made when a defendant had been arrested, detained, arraigned or brought before the court.

Bello had filed an application for his bail on November 22 but was taken into custody on November 26 and arraigned on Nov. 27.

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Middle Belt Group Tasks FG on Resettlement, Safety of IDPs

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From Jude Dangwam, Jos

Conference of Autochthonous Ethnic Nationalities Community Development Association (CONAECDA) has called on the federal government to intensify efforts in the resettlement of displaced persons in their ancestral homes.

The organization made this call at the end of its conference held in Jos, the Plateau State Capital weekend.

Thirty resolutions were passed covering security, economy, politics, governance, culture, languages, human rights and indigenous peoples’ rights among others.

The Conference President, Samuel Achie and Secretary Suleman Sukukum in a communique noted that the conference received and discussed reports from communities based on which resolutions were reached on securing, reconstruction, rehabilitation and returning communities displaced by violence across the Middle Belt.

“After considering the reports from communities displaced by violent conflicts, conference resolved, and called on government to focus on providing security to deter further displacements.

“Call on government to provide security to enable communities to return. Government and donor partners should assist in reconstructing and returning displaced communities,” the communique stated.

The GOC 3 Armoured Division Nigeria Army represented by Lt Col Abdullahi Mohammed said the Nigerian Army is committed to working closely with communities to achieve a crime-free society, urging communities to support them with credible information.

“Security is a collective effort, and we cannot do it alone, the community plays a crucial role in ensuring safety.

“We urge everyone here not to shield or protect individuals involved in criminal activities. Transparency and collaboration, together, with maximum cooperation, we can achieve peace, security, and prosperity for our society,” the GOC stated.

The National Coordinator of CONECDA, Dr. Zuwaghu Bonat in his address at the gathering noted that the theme of this year’s program, Returning, Resettling, and Rehabilitating Displaced Communities, was chosen as a wakeup call on the federal government.

He maintained that the organization is aware that President Bola Tinubu has expressed a commitment to ensuring that displaced communities return to their ancestral lands.

He said similarly, some state governments, including Plateau State, have set up committees to address the lingering matter.

The coordinator however cautioned, “It is critical that we avoid generalizations or profiling. For instance, Not all Muslims are involved in terrorism. The overwhelming majority of Muslims in Nigeria are peaceful and reject extremist ideologies. 

“We also know that some terrorists exploit religion to mobilize support or rationalize their actions. However, their atrocities – slaughtering women, cutting open pregnant mothers, and killing children show a profound disregard for humanity and God. Normal human beings would not commit such acts. 

“We must also be cautious about lumping banditry with terrorism. While statistics indicate that many bandits and kidnappers may share similar ethnic backgrounds, kidnapping has now evolved into a profit-driven enterprise. This distinction is vital to address the root causes effectively,” he stated.

The Governor of Plateau State, Caleb Mutfwang represented by his Senior Special Assistant (SSA) on Middle Belt Nationalities, Hon Daniel Kwada noted that the conference was apt to addressed the various underlying issues bedeviling the region and its people.

“We in the Middle Belt have long been standing at the crossroads of Nigeria’s complex history. Despite our tireless efforts to stabilize this nation, we have faced immense challenges, including underdevelopment, security issues, and marginalization.

“Often, we are unfairly maligned, but gatherings like this offer a chance to change the narrative. 

“Such conferences set the tone for better discussions. They allow us to drive processes that bring development, ensure security, and elevate our people to greater heights,” Mutfwang noted.

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Recapitalisation: SEC Charges Banks to Strengthen Corporate Governance

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Securities and Exchange Commission (SEC) has called on banks to reinforce their corporate governance principles and risk management frameworks to boost investor confidence during the ongoing recapitalisation exercise.

Dr Emomotimi Agama, Director-General, SEC, said this at the yearly workshop of the Capital Market Correspondents Association of Nigeria (CAMCAN) held in Lagos.

The theme of the workshop is: “Recapitalisation: Bridging the Gap between Investors and Issuers in the Nigerian Capital Market”.

Agama, represented by the Divisional Head of Legal and Enforcement at the SEC, Mr John Achile, stated that the 2024–2026 banking sector recapitalisation framework offers clear guidance for issuers while prioritising the protection of investors’ interests

He restated the commission’s commitment towards ensuring transparency and efficiency in the recapitalisation process.

The director-general stated that the key to bridging the gap between issuers and investors remained the harnessing of innovation for inclusive growth.

In view of this, Agama said, “SEC, through the aid of digital platform, is exploring the integration of blockchain technology for secure and transparent transaction processing to redefine trust in the market.”

He added that the oversubscription of most recapitalisation offers in 2024 reflects strong investor confidence.

To sustain this momentum, the director-general said that SEC had intensified efforts to enhance disclosure standards and corporate governance practices.

According to him, expanding financial literacy campaigns and collaborating with fintech companies to provide low-entry investment options will democratise access to the capital market.

He assured stakeholders of the commission’s steadfastness in achieving its mission of creating an enabling environment for seamless and transparent capital formation.

 “Our efforts are anchored on providing issuers with clear guidelines and maintaining open lines of communication with all market stakeholders, reducing bureaucratic bottlenecks through digitalisation.

“We also ensure timely review and approval of applications, and enhancing regulatory oversight to protect investors while promoting market integrity,” he added.

Agama listed constraints to the exercise to include: addressing market volatility, systemic risks, limited retail participation as well as combating skepticism among investors who demand greater transparency and accountability.

He said: “We are equally presented with opportunities which include leveraging technology to deepen financial inclusion and enhance market liquidity.

“It also involves developing innovative financial products, such as green bonds and sukuk, to attract diverse investor segments.

“The success of recapitalisation efforts depends on collaboration among regulators, issuers, and investors.”

Speaking on market infrastructure at the panel session, Achile said SEC provides oversight to every operations in the market, ranging from technology innovations to market.

He stated that the commission is committed to transparency and being  mindful of the benefits and risks associated with technology adoption.

Achile noted that SEC does due diligence to all the innovative ideas that comes into the market to ensure adequate compliance with the requirements.

On the rising unclaimed dividend figure, Achile blamed the inability of investors to comply with regulatory requirements and information gap.

He noted that SEC had done everything within its powers to ensure that investors receive their dividend at the appropriate time.

He, however, assured that the commission would continue to strengthen its dual role of market regulation and investor protection to boost confidence in the market.

In her welcome address, the Chairman of CAMCAN, Mrs Chinyere Joel-Nwokeoma, said banks’ recapitalisation is not just a regulatory requirement, but an opportunity to rebuild trust, strengthen the capital market, and drive sustainable growth.

Joel-Nwokeoma stated that the recent recapitalisation in the banking sector had brought to the fore the need for a more robust and inclusive capital market.

She added that as banks seek to strengthen their balance sheets and improve their capital adequacy ratios, it is imperative to create an environment that fosters trust, transparency, and cooperation between investors and issuers.

The chairman called for collaboration to bridge the gap between investors and issuers to create a more inclusive and vibrant Nigerian capital market.She said: “we must work together to strengthen corporate governance and risk management practices in banks, enhance disclosure and transparency requirements for issuers.” NAN

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