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

Oba Of Benin Suspends Palace Chiefs

Published

5 hours ago

August 28, 2025

Editor

The Oba of Benin, Ewuare II, has suspended two of his chiefs for falling for dereliction of duties.

This was contained in a statement signed by the Secretary to the Benin Traditional Council (BTC), Frank Irabor and made available to journalists in Benin City.

He said their suspension was as a result of their long absence from the palace, resulting in their failure to carry out their palace responsibilities.

The suspended persons are: Chief John Igiehon, the Izuwako of Benin and chief Aimiukpomonyako Oghogho (Ebengho), the Oyenmwensoba of Benin.

“The under-mentioned two (2) chiefs have been suspended from the Palace of the Oba of Benin.

“This is as a result of their long absence from the Palace, resulting in their failure to carry out their Palace responsibilities.

“The public is advised to be wary of unscrupulous chiefs that are no longer functioning in the Palace. His Royal Majesty has approved their _ Suspension and directed the public be duly informed.

“The names of the chiefs are: – ; 1. CHIEF JOHN IGIEHON, THE IZUWAKO OF BENIN and, _ 2 CHIEF AIMIUKPOMONYAKO OGHOGHO (EBENGHO), THE OYENMWENSOBA OF BENIN”, the statement said.

News

Lawyers Fault EFCC Statement, Say It’s Misleading

Published

6 hours ago

August 28, 2025

Editor

Some legal practitioners in Bauchi state have faulted the Economic and Financial Crimes Commission (EFCC) official statement about their client on Wednesday, adding that it was erroneous, false and misleading.

It could be recalled that EFCC posted on its official Facebook handle that a Bauchi State High Court has cleared the commission to proceed with its investigation of a former Chairman of the Peoples Democratic Party in Bauchi State, Hamza Koshe, and his company, Pentech Engineering Nigeria Ltd.

According to the EFCC statement, the commission said Justice Aliyu Baba, in a judgment delivered on July 30, 2025, dismissed an application by Koshe seeking to restrain the EFCC and the Independent Corrupt Practices and Other Related Offences Commission from probing him.

However, in a statement jointly signed and made available to newsmen in Bauchi on Thursday by Jibrin S. Jibrin Esq, M.M. Usman Esq, H.B. Pali Esq, Abbas Ibrahim Esq, I.G. Agwam Esq and Salome Audu Esq all counsel to Pentech Engineering Nigeria Ltd & Anor as well as Koshe insisted that the statement was misleading.

According to them, the EFCC owed the public the duty of relating only the truth of what the courts decided as regards the contract financing agreement in the issues their clients were parties.

“Our attention as the legal representatives of Pentech Engineering Nigeria Ltd & Alhaji Hamza Koshe in respect of suit No. BA/271/2024 has been drawn to the statement posted on the official page of the EFCC on Wednesday, where the Commission supposedly rendered an analysis of the judgement delivered by the High Court of Justice No. 4 Bauchi Presided by Justice Aliyu Usman on the 30th July 2025.

“Now against the background of the erroneous, false and misleading publication by the EFCC on the matter, we deem it necessary to set the records straight by stating what actually is the truth of the matter in terms of the enrolled judgment Order of the Court to which this press release is attached.

“It is proper to state as a fact that in an earlier judgement relating to the subject of this release, the verdict of the High Court of Justice No. 10 Bauchi presided by Justice M. M. Abubakar delivered on the 19th December, 2024 is to the effect that the Contract Financing Agreement the subject matter of the suit having been found to be valid and not contravening any law remains enforceable hence, Pentech Engineering Nigeria Ltd is accorded the applicable injunctive reliefs as regards the activities of the Commission.

“We state as a fact that the main question of law determined in Justice Aliyu Baba Usman’s judgment is to the effect that the Contract Financing Agreement the subject of the suit is valid.

“The EFCC failed to state in its statement in reference the fact that many parties and contractors concerned or involved in the Contract Financing Agreement in the issue have been invited by the Commission with virtually all of them responding, honoring its invitation on the matter and thereby discharging their legal obligation speak volumes of ‘the bidding of some’ which the publication seeks to achieve ab initio,” said the lawyers.

The counsel added that the mischief and deliberate misrepresentation in EFCC’s statement could be seen when not only did it make no mention of this fact but also created the impression that their clients went to Court to evade investigation on the matter.

They said that Koshe was a guest of the Commission having honored its invitation in September 2024 which he was released on administrative bail, the terms and conditions applicable to which he has been observing.

“It is also important to clarify as a fact that there is no truth at all in the Commission’s statement to the effect that our client sought a perpetual injunction of general nature against the Commission’s activities.

“The truth about the reliefs sought by our clients is as contained in the Court’s processes filed in the suit in reference.

“We challenge the Commission to provide evidence of where our client ever sought a perpetual injunction at large or of general nature against it or any other body duly established by law.

“We urge members of the public to disregard in its entirety EFCC’s statement on the subject and be guided in its stead by the facts as contained in the relevant court processes to which this release is attached,” he said.

News

Tricycle Riders Sentenced To Five Years Over WhatsApp Group Mobilising Protest Against Nigerian Gov

Published

7 hours ago

August 28, 2025

Editor

Borno State Governor Babagana Umara Zulum has been accused of being power-drunk following allegations that he ordered the arrest and conviction of two members of the ruling All Progressives Congress (APC) and tricycle operators for creating a WhatsApp group to mobilize a protest against his administration.

Crack police operatives carried out the arrests in Maiduguri before the scheduled End Bad Governance protest.

The two men, identified as Mohammed Bukar (alias Awana) and Ibrahim Mohammed (alias Babayo), were convicted on June 30, 2025, by Hon. Justice A.M. Ali and handed a five-year prison sentence.

Court documents with reference number BOHC/MG/CR/2150/CT10/2024 revealed that the men were accused of creating a WhatsApp group called “Zanga Zanga Group”—translated as Protest Group—to mobilize Keke Napep (tricycle) operators for a planned demonstration against the Borno State Government.

Mohammed Bukar and Ibrahim Mohammed were the 6th and 7th defendants in the case in which Governor Zulum accused them of using videos on the WhatsApp group to instigate Keke Napep (tricycle) operators in Borno State to join the protest against the government.

They were also accused of producing videos in Kanuri and Hausa languages, urging tricycle riders to come out en masse, declaring “no going back” on the planned protest against the Borno State Government.

On June 30, 2025, Hon. Justice A.M. Ali sentenced the duo to five years’ imprisonment for allegedly planning the protest on WhatsApp.

Meanwhile, the seven defendants were charged with two counts: Count 1. That the defendants conspired to form a group named Zanga Zanga group (or protest group) on WhatsApp social media platform wherein they agreed to take up arms, to wit; guns, knives, bows and arrows and all forms of dangerous weapon against the Government thereby committing an offence contrary to Sections 60 and punishable under Section 79 of the Penal Code Laws of Borno State 2023.

Count 2. That the defendants formed a group named Zanga Zanga group (or. protest group) on WhatsApp social media platform and agreed to take up arms, to wit; guns, knives, bows and arrows and all forms of dangerous weapon against the Government thereby committing an offence punishable under Section 79 of the Penal Code Laws of Borno State 2023 All the defendants pleaded not guilty to the charges brought against them at their arraignment on April 11, 2024. The prosecution called four witnesses to prove their case.

However, all defendants pleaded not guilty when arraigned on April 11, 2024.

The prosecution called four witnesses, including Sgt. Isa Abubakar, an investigating police officer attached to the Crime Squad of the Nigerian Police, Borno State Command.

Sgt. Abubakar testified that on July 21, 2024, the 6th defendant used one of the videos as his WhatsApp status to mobilize tricycle riders for the End Bad Governance protest.

He added that the 6th and 7th defendants also made another video in Hausa, saying, “Allah Yaisa Zulum two Billion Namu,” roughly translating to “May God punish Zulum for our two billion.”

He further testified that he downloaded the videos and arrested the two suspects on July 23, 2024, before handing them over to the Crime Squad office in Maiduguri.

Justice Ali said, “I have considered the pleas for leniency made by each of the convicts and the pleas made on their behalf by their counsel. The 5th convict is 17 years old, the 2nd convict is 14 years old, and the 3rd convict is 15 years old.

“The 5th, 2nd, and 3rd convicts are therefore young persons within the meaning of the Children and Young Persons Law of Borno State.

“It was held by the Apex court in the case of Aminu Tanko VS the State 2009 Legalpedia SC 61216 that where the sentence prescribed upon conviction in criminal charge is term of imprisonment then some extenuating factors, such as the age of the convict and whether he is a first offender can be taken into consideration in passing the sentence.

“It is in this regard that, on the 1st count charge, I sentence the 5th, 2nd, and 3rd defendants to community service specifically washing the toilets of General Hospital Maiduguri, for 3 months. Make an order that they be given 20 strokes of the cane each.

“On the 2nd count charge, the 5th, 2nd, and 3rd convicts are sentenced to 6 months’ imprisonment. The 2nd and 3rd convicts are to be held at the children’s remand home, while the 5th defendant is to be remanded at the Maiduguri correctional centre. The period of imprisonment should commence today.”

“Regarding the first convict, who is also a young man, he is hereby sentenced to 5 years’ imprisonment. The first convict is sentenced to 5 years’ imprisonment. The 6th convict is sentenced to 5 years’ imprisonment. The 7th convict is sentenced to 5 years’ imprisonment. All sentences should commence today, the 30/6/2025,” Justice Ali added.

Earlier, SaharaReporters reported that the families of two commercial tricycle operators had accused the state government, led by Governor Babagana Zulum, of ordering their arrest and prolonged detention after they allegedly planned a peaceful protest over the alleged mismanagement of funds contributed by riders.

The detained operators, identified as Muhammed Bukar and Ibrahim Muhammed—both members of the ruling All Progressives Congress (APC)—were arrested by the Police Crack Squad on the alleged orders of Borno State Commissioner for Youth and Sports Development, Saina Buba.

According to relatives, the riders were detained for three months and two weeks at a police facility before spending an additional two months in prison custody while facing trial.

At the centre of the dispute is a daily N100 ticket fee collected from tricycle operators, supposedly serving as insurance to provide financial support to any operator facing emergencies.

However, the riders alleged that officials managing the fund embezzled the money and failed to assist operators in need, prompting plans for the protest before their arrest.