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SERAP Sues Buhari Over Failure To ‘Reverse Unlawful Electricity Tariff Hike’

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Socio-Economic Rights and Accountability Project (SERAP) has filed a lawsuit against President Muhammadu Buhari over “the failure to reverse the unlawful, unjust, and unreasonable increase in electricity tariff, and to probe the spending of public funds as ‘investments and bailouts’ to DisCos and GenCos since 2005.”

Joined in the suit as Respondents are the Attorney-General of the Federation and Minister of Justice, Abubakar Malami (SAN), the Nigerian Electricity Regulatory Commission (NERC), and the Nigeria Bulk Electricity Trading PLC.

Following reported approval by the NERC, electricity tariffs were increased across DisCos in the country in December 2022. Several prepaid customers have reportedly confirmed the increase. The Minister of Power and NERC have refused to confirm or deny the increase.

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READ ALSO: Publish Campaign Funding Sources, SERAP Tells Atiku, Tinubu, Others

In the suit number FHC/L/CS/99/2023 filed last Friday at the Federal High Court, Lagos, SERAP is asking the court to “compel President Buhari to direct the Nigerian Electricity Regulatory Commission to reverse the unlawful, unjust and unreasonable increase in electricity tariff.”

SERAP is also asking the court to “compel President Buhari to direct the Attorney General of the Federation and Minister of Justice Mr Abubakar Malami, SAN, and appropriate anti-corruption agencies to promptly investigate the spending of public funds as investments and bailouts to DisCos and GenCos since 2005.”

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In the suit, SERAP is arguing that, “Regular and uninterrupted access to electricity is a fundamental human right. Electricity is an essential public service but millions of Nigerians continue to pay the price for corruption in the electricity sector–staying in darkness.”

SERAP is also arguing that, “the increase in electricity tariff failed to follow due process of law. It is entirely inconsistent and incompatible with the provisions of the Nigerian Constitution of 1999 [as amended], the Electric Power Sector Reform Act and the country’s international human rights obligations.”

SERAP is also arguing that, “the increase is unjustified, especially given the unreliable, inefficient and poor quality of electricity in the country. Millions of Nigerians continue to live in darkness despite the spending by governments of trillions of naira as investments and bailouts to electricity companies.”

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According to SERAP, “The Federal Government has a legal responsibility to ensure transparency and accountability in how the investments and bailouts to electricity companies are spent, to reduce vulnerability to corruption and mismanagement.”

SERAP is also arguing that, “The government has legal obligations to effectively and progressively provide affordable, regular and uninterrupted access to electricity as a matter of human rights.”

The suit filed on behalf of SERAP by its lawyers Kolawole Oluwadare and Ms Adelanke Aremo, reads in part: “The increase in electricity tariff would exacerbate the extreme poverty across the country, and undermine the ability of millions of Nigerians to satisfy basic human needs.”

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“The consequences of corruption in the electricity sector are felt by citizens on a daily basis. Corruption exposes them to pay additional costs and crazy electricity bills. Electricity supply remains inadequate and irregular.”

“Investigating the allegations of corruption in the spending on the investments and bailouts to electricity companies, and recovering any stolen public funds would serve the public interest.”

READ ALSO: NIN-SIM: SERAP Tackles FG Over Planned Blocking Of 72 Million Telephone Lines

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“The government has a sacred duty to ensure transparency and accountability in the spending of the country’s resources, including the spending of public funds as investments and bailouts to electricity companies.”

“The latest increase in electricity tariff is coming on the heels of the NBC report which shows that over half of the population of Nigeria are multidimensionally poor and cook with dung, wood or charcoal, rather than cleaner energy.”

“High deprivations are also apparent nationally in sanitation, time to healthcare, food insecurity, and housing. Access to regular electricity supply would improve the quality of life of the population.”

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“Access to affordable electricity services is a prerequisite for improving the condition of people living in poverty. It is a means to generate other important services that mitigate poverty, bearing in mind that access to electricity facilitates the eradication of poverty.”

“The hike in tariff would increase financial burdens for socially and economically vulnerable Nigerians and further marginalize and disproportionately affect them, and exacerbate their vulnerability to discrimination.”

“The failure of successive governments and high-ranking government officials to prevent widespread and systematic corruption in the electricity sector and to bring suspected perpetrators to justice is the primary cause of the exploitation of electricity consumers.”

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“Investigating the spending of investments and bailouts by successive governments in DISCOS and prosecuting anyone suspected of corruption and mismanagement of public funds, and recovering any proceeds of crime would end a culture of impunity in the power sector, and improve access to and affordability of electricity in Nigeria.”

“Successive governments have failed to increase power generation and provide Nigerians with regular and uninterrupted electricity supply, with many electricity contracts shrouded in secrecy, and trillions of Naira going down the drain.”

“SERAP is also asking the court to “compel President Buhari to ensure the prosecution of anyone suspected to be responsible for misappropriation of investments and bailouts in the power sector, if there is sufficient admissible evidence, and any missing public funds should be traced and fully recovered.”

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“SERAP is also asking the court to “compel and direct the Nigerian Electricity Regulatory Commission to reverse the unlawful, unjust and unreasonable increase in electricity tariff, which reportedly occurred in December 2022.”

“Section 14(2)(b) of the Nigerian Constitution of 1999 [as amended] provides that, ‘the security and welfare of the people shall be the primary purpose of government.’”

READ ALSO: SERAP Drags Buhari, Lai Mohammed To Court Over Failure To Publish Twitter Agreement

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“Nigeria has also ratified the African Charter on Human and Peoples’ Rights and the International Covenant on Economic, Social and Cultural Rights, which recognize legally enforceable economic and social rights, such as the rights to education, health, safe food and clean water, security, and shelter.”

“Articles 5 and 9 of the UN Convention against Corruption also impose legal obligations on the government to ensure proper management of public affairs and public funds, and to promote sound and transparent administration of public affairs.”

“The African Commission on Human and Peoples’ Rights has adjudged the failure of the States to provide basic services such as electricity as violating the right to health.”

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No date has been fixed for the hearing of the suit.

 

 

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White House Threatens Mass Firings Amid Stalled Shutdown Talks

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Efforts to swiftly end the US government shutdown collapsed Wednesday as Democrats in Congress went home without resolving a funding stand-off with President Donald Trump and the White House threatened public sector jobs.

Federal funding expired at midnight after Trump and lawmakers failed to agree on a deal to keep the lights on, prompting agencies to wind down services, while the White House warned of “imminent” firings of public sector workers.

Senate Democrats — who are demanding extended health care subsidies for low-income families — refused to help the majority Republicans approve a House-passed bill that would have reopened the government for several weeks while negotiations continue.

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Voting in the Senate is now adjourned until Friday, frustrating hopes for a quick resolution.

Around 750,000 federal employees are expected to be placed on furlough — a kind of enforced leave, with pay withheld until they return to work.

READ ALSO:Judge Throws Out Trump’s $15bn ‘Rage’ Lawsuit Against New York Times

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Essential workers, such as the military and border agents, may be forced to work without pay and some will likely miss their checks beginning next week. The National Air Traffic Controllers Association voiced fears for air safety as more than 2,300 members were sent home.

The crisis has higher stakes than previous shutdowns, with Trump racing to enact hard-right policies that include slashing government departments and threatening to turn many of the furloughs into mass firings.

Spokeswoman Karoline Leavitt told reporters the administration was “working with agencies across the board to identify where cuts can be made… and we believe that layoffs are imminent.”

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The Department of Energy announced plans to terminate clean energy projects, all in blue states, according to White House official Russell Vought, who said the slashed funding had been used to advance “the Left’s climate agenda”.

The Department of Transportation also froze nearly $18 billion in federal funding for major infrastructure projects in New York, which Governor Kathy Hochul called “political payback”.

READ ALSO:Putin Has ‘Let Me Down’, Trump Laments As UK State Visit Ends

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– ‘Ridiculous’ –

Shutdowns are a periodic feature of gridlocked Washington, although this is the first since a record 35-day pause during Trump’s first term in 2019.

They are unpopular because services used by ordinary voters, from national parks to permit applications, become unavailable.

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“I think our government needs to learn how to work together for the people and find a way to make things not happen like this,” said Terese Johnston, a 61-year-old retired tour guide visiting Washington from California as the government shut down.

“You compromise. You find ways. So everybody gives a little bit, everybody takes a little bit, and things work.”

Democrats — spurred by grassroots anger over the expiring health care subsidies and Trump’s dismantling of government agencies — have been withholding Senate votes to fund the government as leverage to try and force negotiations.

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READ ALSO:Trump Considering Deporting Kilmar Abrego Garcia To Uganda

As the messaging war over the shutdown intensified, Vice President JD Vance took center stage at a White House briefing normally headed by Leavitt to upbraid Democrats over their demands.

“They said to us, ‘we will open the government, but only if you give billions of dollars of funding for health care for illegal aliens.’ That’s a ridiculous proposition,” Vance said in a rare appearance in the briefing room.

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US law demands that anyone who presents at a publicly funded emergency room is treated, regardless of their ability to pay. But it bars undocumented immigrants from receiving the health care benefits Democrats are demanding, and the party has not called for a new act of Congress to change that.

– No compromise –

Republicans in the House of Representatives have already passed a stop-gap funding fix to keep federal functions running through late November while a longer-term plan is thrashed out.

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READ ALSO:Why I Plotted President Trump’s Assassination – 50-yr-old Woman

But the 100-member Senate does not have the 60 votes required to send it to Trump’s desk, and Democrats say they won’t help unless Republicans compromise on their planned spending cuts — especially in health care.

Senate Republican leaders, who have just one rebel in their own ranks, need eight Democrats to join the majority and rubber-stamp the House-passed bill.

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They got three moderates to cross the aisle in an initial vote Tuesday and were hoping to peel off five more as the shutdown chaos starts to bite. But Wednesday’s result went the same way.

Congress is not voting Thursday out of respect for the Jewish Yom Kippur holiday but the Senate returns to work on Friday and may be in session through the weekend.

The House is not due back until next week.

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AFP

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NIS Begins Crackdown On Foreigners With Expired Visas

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The Nigeria Immigration Service has commenced a nationwide crackdown on foreign nationals who have overstayed their visas or breached entry conditions, following the expiration of a three-month amnesty granted by the Federal Government.

The amnesty, which opened on July 5 and lapsed at midnight on September 30, allowed foreigners with irregular immigration status to regularise their stay without penalties.

With the expiration of the amnesty period, effective October 1, 2025, enforcement actions will commence nationwide against foreign nationals who have overstayed their visa or violated their entry conditions,” NIS spokesperson, Akinsola Akinlabi, said in a statement on Wednesday.

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READ ALSO:US Lifts Restrictions On Visa Validity For Ghanaians, Leaves Nigeria’s Unchanged

The exercise targets holders of expired Visa on Arrival, expired single and multiple-entry short visit or business visas, and individuals with expired Comprehensive Expatriate Residence Permits and Automated Cards.

Foreigners caught in violation face removal, daily fines, or entry bans. Overstayers of less than three months risk deportation, a $15 daily fine, or a two-year entry ban. Those who overstay between three months and one year face removal, daily fines, or a five-year entry ban, while individuals exceeding one year risk deportation and up to a 10-year or permanent entry ban.

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The Service said the measures are aimed at safeguarding national security and ensuring strict compliance with immigration laws.

READ ALSO:H-1B Visas: Trump To Impose $100,000 Annual Fee For Skilled Foreign Workers

Interior Minister, Olubunmi, had earlier warned members of the diplomatic corps to advise their nationals to take advantage of the amnesty window, stressing that Nigeria’s immigration laws “are not meant to be abused but respected.”

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The crackdown is part of wider reforms introduced in April, including a $15 daily surcharge for visa overstays, with a temporary moratorium to encourage compliance.

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Earthquake Kills 72 In Philippines

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The death toll from a powerful earthquake in the central Philippines rose to 72 on Thursday, officials said, as the search for the missing wound down and rescuers turned their focus to the hundreds injured and thousands left homeless.

The bodies of the three victims were pulled from the rubble of a collapsed hotel overnight Wednesday in the city of Bogo, near the epicentre of the 6.9-magnitude quake that struck on Tuesday.

We have zero missing, so the assumption is all are accounted for,” National Disaster Risk Reduction and Management Council spokesman Junie Castillo said, adding that some rescue units in Cebu province have been told to “demobilise”.

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The government said 294 people were injured and around 20,000 had fled their homes. Nearly 600 houses were wrecked across the north of Cebu, and many are sleeping on the streets as hundreds of aftershocks shake the area.

READ ALSO:Three Arrested For Killing Philippine Governor

One of the challenges is the aftershocks. It means residents are reluctant to return to their homes, even those houses that were not (structurally) compromised,” Castillo said.

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Cebu provincial governor Pamela Baricuatro appealed for help on Thursday, saying thousands needed safe drinking water, food, clothes, and temporary housing, as well as volunteers to sort and distribute aid.

President Ferdinand Marcos flew to Cebu with senior aides on Thursday to inspect the damage.

He also visited a partially damaged housing project in Bogo, built for survivors of the 2013 Super Typhoon Haiyan, one of the deadliest natural disasters to hit the Philippines.

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Eight bodies were “recovered from collapsed houses” in the project following the quake, a local government statement said.

READ ALSO:Philippine Mayor Gives Singles Extra Pay On Valentine’s Day

A tiny village chapel in Bogo was serving as a temporary shelter for 18-year-old Diane Madrigal and 14 of her neighbours after their houses were destroyed. Their clothes and food were scattered across the chapel’s pews.

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The entire wall (of my house) fell, so I really don’t know how and when we can go back again,” Madrigal told AFP.

I am still scared of the aftershocks up to now; it feels like we have to run again,” she added.

Mother-of-four Lucille Ipil, 43, added her water container to a 10-metre (30-foot) line of them along a roadside in Bogo, where residents desperately waited for a truck to bring them water.

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“The earthquake really ruined our lives. Water is important for everyone. We cannot eat, drink, or bathe properly,” she told AFP.

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“We really want to go back to our old life before the quake, but we don’t know when that will happen… Rebuilding takes a long time.”

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Many areas remain without electricity, and dozens of patients were sheltering in tents outside the damaged Cebu provincial hospital in Bogo.

“I’d rather stay here under this tent. At least I can be treated,” 22-year-old Kyle Malait told AFP as she waited for her dislocated arm to be treated.

More than 110,000 people in 42 communities affected by the quake will need assistance to rebuild their homes and restore their livelihoods, according to the regional civil defence office.

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Earthquakes are a near-daily occurrence in the Philippines, which is situated on the Pacific “Ring of Fire”, an arc of intense seismic activity stretching from Japan through Southeast Asia and across the Pacific basin.

Most are too weak to be felt by humans but strong and destructive quakes come at random, with no technology available to predict when and where they might strike.

AFP

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