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

Published

1 year ago

January 22, 2023

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.

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.”

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.”

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.”

“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.”

“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.”

“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.”

“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.”

“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.’”

“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.”

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

Headline

PHOTOS: Sandhurst Trained: UK High Commissioner Hosts First Nigerian Female To Graduate From Premier British Military Institution

Published

1 hour ago

May 3, 2024

Editor

The British High Commissioner to Nigeria, Richard Montgomery, has congratulated Princess Owowoh on making history at the United Kingdom’s Royal Military Academy Sandhurst (RMAS).

Taking to X.com on Thursday, Montgomery expressed his pleasure in meeting Owowoh, who was accompanied by an officer from the Nigerian Defence Academy.

Sharing photos, he wrote, “I was pleased to meet 2nd Lt. Princess Owowoh, the first Nigerian female officer cadet to graduate from the UK’s

#RMASandhurst, accompanied by Lt. Col Nyiam from the #NDefenceAcademy to congratulate her on making history, hear about her experience, and reflect on our Nigeria-British relationship.”

Owowoh graduated from the RMAS as the first-ever Nigerian female officer on April 12.

She joined the NDA in Kaduna in 2018, where she was appointed as a cadet lance corporal in her second year.

She rose to a cadet sergeant in her fourth year and was appointed company senior under Officer Charlie (CSUO C) in her fifth year.

Owowoh held the appointment with two other female counterparts and made history by becoming the first female to hold the position of CSUO at the academy.

During her fourth year, she completed the academic component of the commissioning course, achieving first-class honours in biological sciences.

See the photos below:

Headline

PICTORIAL: C&S Church Ayo Ni O Installs New Leader

Published

20 hours ago

May 2, 2024

Editor

The Cherubim and Seraphim (S&S) Movement Church Worldwide, on Wednesday, formally installed Prophet Emmanuel Alogbo as the 6th Baba Aladura and spiritual head of the church.

Alogbo was appointed the acting spiritual head in November 2023 following the death of his predecessor, Samuel Abidoye, who died on November 12, at the age of 103.

A statement published on the official website of the church reads, “The ascension of Most Senior Special Prophet Dr. Emmanuel Abiodun Alogbo to the revered position of Spiritual Father and Chairman of the Cherubim and Seraphim Movement Church signifies a pivotal moment in the history of the church, ushering in a new era of leadership and guidance for its global congregation.”

Alogbo’s installation was reported to have been attended by important figures in the church, “including the Olori of Cherubim and Seraphim Unification, His Most Eminence Pro. Dr. S. A. Alao J.Pil., who performed the anointment, which added to the solemnity and grandeur of the occasion.”

Alao was said to have charged the new Baba Aladura to embrace his role with strength and courage.

Congregants were also said to have recognised Alogbo as an embodiment of divine wisdom, compassion, and spiritual insight.

In his pledge to the CSMC Worldwide, the new Baba Adura was quoted assaying, “I solemnly pledge to continue the good work of moving our beloved church forward, which the late Baba Aladura Prophet Samuel Adefila Abidoye started.

“It is my firm commitment to ensure that the C&S Movement Church continues to march on, spreading its message of faith and love to all corners of the globe.”

Headline

Nigerian Man Extradited From Malaysia, Convicted For $6.3m Fraud In US

Published

22 hours ago

May 2, 2024

Editor

A federal jury in New Haven, Connecticut, Wednesday, convicted an extradited Nigerian national, Okechukwu Osuji, for engaging in a business email compromise scheme out of multiple countries, including the United States.

This was revealed in a statement by the US Department of Justice on Thursday, saying that Osuji and his accomplices, John Wamuigah and Tolulope Bodunde defrauded their victims of over $6.3 million.

The jury convicted Osuji of conspiracy to commit wire fraud, wire fraud, and aggravated identity theft.

Principal Deputy Assistant Attorney General Nicole M. Argentieri, head of the Justice Department’s Criminal Division, said, “Osuji led a network of scammers in Malaysia and elsewhere in a sophisticated business email compromise scheme to defraud victims of millions of dollars.”

“Today’s conviction is another example of how the department’s collaboration with international law enforcement partners enables us to bring cybercriminals to justice in the United States.”

US Attorney Vanessa Roberts Avery for the District of Connecticut added, “While it is often difficult to identify and bring to justice cybercriminals operating overseas, today’s verdict demonstrates the expertise of the FBI and Stamford Police in uncovering this criminal network, and the shared commitment of our counterparts in Malaysia to ensure that fraudsters are held accountable in a court of law.

“We will continue to work to root out those who engage in internet fraud schemes, no matter where in the world they operate, and achieve justice for victims of these crimes.”

“The defendant perpetrated a complex international business email compromise scheme and laundered millions in stolen proceeds,” said Executive Assistant Director Timothy R. Langan Jr. of the FBI’s Criminal, Cyber, Response, and Services Branch.

“This conviction is the result of hard work and close collaboration between the FBI and our local and international partners. Together, we will work aggressively to bring to justice anyone who engages in fraud and theft against Americans, no matter where they are in the world.”

“Today’s verdict provides a bit of closure to some victims of these often financially crippling crimes,” said Special Agent in Charge Robert Fuller of the FBI New Haven Field Office.

“It also displays our international ability to bring criminal actors to justice despite the complexities of their crimes. We want to thank all of our law enforcement partners here and abroad, as well as the U.S. Attorney’s office, for their dedication to serving justice.”

Osuji who was deported by Osuji is slated to be sentenced on July 24 and faces a mandatory minimum of two years on the identity theft count and a maximum penalty of 60 years in prison on the wire fraud and conspiracy counts.

A Federal District Court judge will determine any sentence after considering the US Sentencing Guidelines and other statutory factors.

Osuji was arrested in Malaysia and extradited to the US in 2022. His alleged co-conspirator, Wamuigah, remains in Malaysia and is pending extradition proceedings, while another co-conspirator, Bodunde, pleaded guilty on February 16.