News

Vigeo Legal Advisers Write NERC, Caution Against ‘Illegal’ Takeover Of BEDC

Published

3 years ago

September 3, 2022

Legal advisers to Vigeo Power Limited, the core investors in Benin Electricity Distribution Company, BEDC Plc have cautioned the Nigerian Electricity Regulatory Commission (NERC) to refrain from “illegal means to alter the composition of the board of directors of the company (BEDC).”

INFO DAILY had reported that NERC, in a letter issued September 1, 2022, had said it had affirmed a new Board of Directors and Management of the Benin Electricity Distribution Company, BEDC, headed by Henry Ajagbawa

The NERC in the said statement had reiterated that the BEDC “is a distribution licensee of NERC and by virtue of powers vested in the Commission by the Electric Power Sector Reform Act (“EPSRA”), regulatory instruments issued pursuant to EPSRA and the terms and conditions of the licence issued to BEDC; NERC is the primary authority that is vested with powers to statutorily recognise the board/management of BEDC as an operator in the Nigerian Electricity Supply Industry (NESI)”.

The Commission further stated that the BEDC is a jointly owned venture with Vigeo Power Ltd holding an equity of 60% and 40% being held by BPE on behalf of the Federal and State Governments.

The statement disclosed that “One of the shareholders in Vigeo Power Ltd, Vigeo Holdings Ltd, subscribed to its shares vide a loan from Fidelity Bank Ltd”, adding that “In the light of a default in servicing the said loan, the bank has exercised its rights to repossess these shares that were provided as security for the acquisition of the loan”.

But in a letter written to NERC and attention to Chairman of NERC, Engr. Sanusi Garba and Mr. Dafe Akpeneye, with the headline, “RE: NOTICE TO THE GENERAL PUBLIC ON THE LEGITIMATE AND STATUTORILY RECOGNISED BOARD OF DIRECTORS /MANAGEMENT OF BEDC ELECTRICITY PLC,” a copy of which was made available to INFO DAILY, Kunle Adegoke, SAN, said though the letter said to have emanated from NERC was unsigned, it is contemptuous for the regulatory body to have done any publication when the matter is already in a court of competent jurisdiction.

Adegoke, SAN, noted in the letter: “Whilst we have assumed that the Contemptuous Publication did not emanate from NERC, not least because it is unsigned, and will amount to a direct affront to the court (for the reasons stated below), we are, out of abundance of caution, and for the avoidance of doubt, constrained to state as follows:

“We are aware that the Commission is conscious of the fact that NERC is the 2nd Defendant in Suit No. FHC/ABJ/CS/1113/2022 between Vigeo Power Limited v. Fidelity Bank Plc; National Electricity Regulatory Commission and 6 Ors. which is pending before the Honourable Justice Emeka Nwite of the Federal High Court, Abuja (the FHC Action) and in which orders of injunction have been granted restraining your Commission from: altering or taking further steps towards altering the management and Board of BEDC; registering or recognising the appointment of Messrs K. C. Akuma, Adeola Ijose, Henry Ajagbawa and Yomi Adeyemi as directors of BEDC pending the determination of the Motion on Notice which is scheduled to be heard on the 5th day of October, 2022.”

Adegoke SAN further argued that, “It is self-evident that the said interim orders are extant and have continuous effect, and none of the acts restrained thereby can be said to have been completed, particularly in view of the present and futuristic effect of the orders.”

According to him, “As NERC is very well aware, the pendency of the FHC Action is sufficient to compel any law-abiding institution (particularly a public institution under the administration of President Muhammadu Buhari, who seeks to promote the primacy of Rule of Law) to act with restraint, and not to project an image of lawlessness to the general public by acting contrary to the orders of the court and violating the sanctity of pendency of proceedings which both amount to contempt of court.

“We also note the inaccurate analysis of the effect of the court order in the Contemptuous Publication. Being a party to the FHC Action, the appropriate step to be taken by NERC is to ventilate its grievance with the order before the court, and not denigrate it, as has been purportedly done in the Contemptuous Publication.

“It is on record that whilst NERC is represented by counsel in the FHC Action, it has not (at least as of the last sitting of the Court on the 22nd day of July, 2022) filed any process in the suit and neither has it filed any application to seek that the orders of court were wrongly procured or to have the Court set same aside.”

“We further note the assertion in the Contemptuous Publication that the security created over the shares of one of our client’s shareholders had been enforced, and that the Commission acted in accordance with its business continuity rules.

“In connection with the issue of the security over the shares, we wish to reiterate that the matter is currently the subject of an action before The Hon. Justice Bogoro in FHC Lagos, and the Commission will do well not to comment on an issue that is sub judice. And with respect to the putative powers of NERC to remove directors of licensees, the Commission should be reminded that the power was struck down and declared unlawful in the case of FHC/ABJ/653/2018 – Ibadan Electricity Distribution Company v Minister of Power & NERC.

“As previously mentioned, we feel certain that no law-abiding public officer or public institution could have authorised the issuance of unsigned Contemptuous Publication. If the Contemptuous Publication is being wrongly attributed to the Commission, we urge the Commission to publicly disassociate itself from the publication.”

“However, in the unlikely event that the Contemptuous Publication was authorised by NERC, the Commission should be reminded of the grave consequences that follow disobedience of court orders.

“In this regard, the Commission should also be reminded of the contempt proceedings that are currently pending against it in the FHC Action for gross violation of the orders of court and your counsel was in court when the court directed all defendants in the suit to first comply with the orders of court on the 22nd day of July, 2022.”

The lawyer noted that, “We should mention that we are not unaware of the Commission’s plan to collaborate with some elements to invade the premises of BEDC and forcefully impose the illegal directors on the company notwithstanding the absence of authority to impose directors on a company regulated by law. We will urge the Commission to refrain from such action.”

News

NCAA Seeks K1 De Ultimate’s Arrest, Petitions AGF, IG

Published

12 hours ago

August 7, 2025

Editor

The Nigeria Civil Aviation Authority has formally petitioned the Attorney-General of the Federation and the Inspector-General of Police, asking them to investigate and prosecute veteran Fuji musician, King Wasiu Ayinde Marshal, popularly known as K1 De Ultimate, over an incident that occurred aboard a domestic ValueJet flight.

The incident, which happened on Tuesday, reportedly disrupted standard operational procedures and has raised serious concerns about passenger behaviour and compliance with aviation safety protocols.

According to preliminary reports, K1 De Ultimate was allegedly involved in conduct during ValueJet flight VK201 that contravenes the Nigerian Civil Aviation Regulations.

According to a statement signed by the agency on Thursday, it noted that in the petition, the NCAA urged the Attorney-General and the IGP to “launch a thorough investigation into the incident” and commence “appropriate prosecution in accordance with the provisions of the Nigeria Civil Aviation regulations 2023 supra and all other applicable laws.”

In a further move to reinforce compliance and accountability, the Director General of Civil Aviation, Capt. Chris Najomo has issued an advisory to the Airline Operators of Nigeria recommending that K1 De Ultimate be placed on a No-Fly List for all commercial flights pending the conclusion of the investigation.

The advisory, according to the NCAA, is in line with international aviation best practices designed to ensure the safety of passengers, crew, and aircraft operations.

The statement read, “In a letter addressed to both the Attorney-General and the Inspector-General of Police, the NCAA called for a comprehensive criminal investigation and the initiation of appropriate prosecution in accordance with the provisions of the Nigeria Civil Aviation regulations 2023 supra and all other applicable laws.

“Furthermore, and in light of the growing concern, the Director General of Civil Aviation, Capt. Chris Najomo, has also issued an advisory to the Airline Operators of Nigeria, urging the immediate consideration and institution of a No-Fly List for K1 De Ultimate (on any commercial flight), pending the outcome of official investigations.

“This advisory is in line with global aviation standards that prioritise the safety of passengers, crew, and airline operations.

“The NCAA reiterates its commitment to ensuring that no individual, regardless of their status or public image, undermines the integrity of our aviation industry as passengers are held to the same standards of behavior and compliance within Nigeria’s airspace.”

The Authority emphasised that aviation safety and discipline remain non-negotiable and that the industry cannot afford to tolerate acts that could endanger lives or compromise the integrity of flight operations.

News

FG Unveils Four Water Projects In Ogoni, Commits To Implementing UNEP Report

Published

12 hours ago

August 7, 2025

Editor

The Federal Government has commissioned four new water projects in Ogoniland, with renewed commitment to addressing public health concerns and full implementation of the report of the United Nations Environment Programme.

The water projects located in Bodo community (Gokana LGA), Eteo (in Eleme LGA), Uegwere-Boue, and Taabaa communities (both in Khana LGA) now brings the number of Ogoni communities with reticulated potable water to 40, the Hydrocarbon Pollution Remediation Project, has said.

Also unveiled was a new HYPREP Area Office in Kpor, headquarters of Gokana LGA, which aims to improve engagement with host communities.

Speaking at the ceremony in Bodo community on Thursday, Minister of Environment, Balarabe Abbas, described the development as a major step in the federal government’s resolve to restore the dignity of the Ogoni people after decades of environmental degradation from oil pollution.

Abbas stated, “The biggest victim of pollution is water. Water is what gets polluted first, and so the whole essence of HYPREP is to restore water, land, and a better environment. Access to clean and safe water is not just a basic necessity, it is a fundamental human right.”

While noting that the projects are not just infrastructure, but “symbols of hope, equity, and justice” for communities that had long suffered the impacts of oil-related pollution.

He urged residents to take ownership of the facilities and protect them from vandalism.

“Today, as we commission these projects, we are not only laying a physical foundation but also upholding human rights. These commitments underscore our shared dedication to the health, dignity, and well-being of our people,” he stated.

The minister reaffirmed the commitment of the President Bola Tinubu-led administration to full delivery of UNEP’s report and sustainable development of the Niger Delta region.

“On behalf of the federal government, I affirm our unwavering commitment to the full implementation of the UNEP report. The Ogonis have suffered for too long. It is our duty to address their worries,” Abbas said.

In his address, Project Coordinator of HYPREP, Prof. Nenibarini Zabbey, said progress is also being recorded across other UNEP-aligned thematic areas, including soil remediation, mangrove restoration, health infrastructure, and youth empowerment.

Zabbey stated, “We have completed remediation of 50 simple-risk sites, while work on medium-risk, complex sites is 38% done. Our mangrove restoration project is already 93% complete.”

He stated that over 5,000 Ogoni youths and women have been trained in 20 skill sets, while 7,000 direct jobs have been created through the programme, which he described as a major boost to local livelihoods and stability.

He said, “Work on the Centre of Excellence for Environmental Restoration and Ogoni Power Project is 90% and 40% complete respectively, while the Buan Cottage Hospital and Ogoni Specialist Hospital are nearing completion at 98% and 86%.

“With the Ogoni Health Study now underway, HYPREP has reached the point of simultaneous implementation of key UNEP actions, remediation, water, health and livelihood, working together to transform Ogoni holistically.”

Managing Director of Renaissance Africa Energy Company, Engr. Tony Attah, represented by the General Manager of Relations and Sustainable Development, Igo Weli, praised the federal government and HYPREP for achieving a key milestone.

“This marks a significant moment in our journey to improve public health and the quality of life of Ogoni people. We also commend the resilience and commitment of the communities. Your support reflects a shared desire for progress,” Attah said.

News

FG Warns Of Flooding In Lagos, Rivers, Delta, Bayelsa, 26 Others

Published

12 hours ago

August 7, 2025

Editor

The Nigeria Hydrological Services Agency on Thursday warned of potential flooding in 198 local government areas across 30 states and the Federal Capital Territory.

The alert, obtained by our correspondent, covers August 7 to August 21, 2025, a span of 15 days during which vulnerable communities are advised to take precautionary measures.

The alert categorised flood risk levels as very high, high and moderate, depending on local topography and rainfall intensity projections.

The affected states are Adamawa, Akwa-Ibom, Anambra, Bauchi, Bayelsa, Benue, Borno, Cross River, Delta, Ebonyi, Edo, the Federal Capital Territory, Gombe, Imo, Jigawa, Kaduna, Kebbi, Kogi, Kwara, Lagos, Nasarawa, Niger, Ogun, Ondo, Plateau, Rivers, Sokoto, Taraba, Yobe, and Zamfara.

According to NiHSA, very high-risk states are Adamawa, Bauchi, Bayelsa, Benue, Borno, Delta, Gombe, Kebbi, Kogi, Lagos, Niger, Ogun, Rivers, Yobe, and Zamfara.

While states categorised as facing high to moderate risk include Akwa Ibom, Anambra, Cross-River, Ebonyi, Edo, FCT, Imo, Jigawa, Kaduna, Kwara, Nasarawa, Ondo, Plateau, Sokoto, and Taraba.

The agency also noted that 832 communities are at risk of varying degrees of flooding.

The alert also warned of the potential disruption of over 100 major transportation routes, particularly in flood-prone areas.

“High likelihood of displacement, especially in low-lying and flood-prone areas. NiHSA urges residents in affected regions to remain vigilant, adhere to early warning directives, and cooperate with emergency response agencies,” it stated.

To mitigate the potential impacts of flooding, NiHSA recommended that all emergency management stakeholders should get prepared for response protocols to ensure timely intervention.

It added, “Communities at risk should put evacuation plans in place.

“Follow up on NIHSA’s state-level weekly forecast for community-specific forecast, and monitor updates from NIHSA.”

The Director General of NiHSA, Umar Mohammed, said, “This alert is issued in line with our commitment to safeguarding lives and property. We call on state governments, local authorities, and the public to take proactive measures to mitigate risk and ensure community safety.”

He emphasised that they will continue to monitor the hydrological situation and provide timely updates as necessary.

On Tuesday, the National Emergency Management Agency revealed that in 2025, no fewer than 191 lives have been lost to the floods that have ravaged parts of the country, while 94 people remain missing.

The report by NEMA showed that Niger State recorded the highest number of fatalities, with 163 deaths, followed by Adamawa State, where 26 people lost their lives. One death each was reported in Borno and Gombe states.

The data further indicated that, so far this year, the floods have affected 134,435 people across 20 states and 47 local government areas.

Additionally, 48,056 people have been displaced, while 239 injuries have been reported. The floods have also damaged 9,499 houses and affected 9,450 farmlands.

NEMA’s dashboard also revealed that among those affected are 27,121 men, 41,539 women, 60,071 children, 5,704 elderly persons, and 1,874 persons with disabilities.

In 2024, the floods affected 5,264,097 individuals, displacing 1,243,638 people across 35 states and 401 local government areas. The disaster resulted in 1,237 deaths and left 16,469 individuals injured.

Also, 116,172 houses were destroyed, and 1,439,296 hectares of farmland were affected, further worsening the economic and humanitarian impact of the flooding across the country.