Archive | December 2019

Electricity Regulation in Nigeria. Section 74, Electric Power Sector Reform Act, 2005.

Under the Electric Power Sector Reform Act, 2005 (EPSRA), the Nigerian Electricity Regulation Commission (NERC) may of its own volition or upon receipt of a complaint enquire into the conduct or functioning of any licensee’s obligations under the Act, rules or regulations, codes of conduct, or terms and conditions of the licence.

According to this attached Notice, NERC claims to have ‘reasonable cause’ that the listed Electricity Distribution Companies (DISCOs) have breached the provisions of EPSRA, terms and conditions of each DISCOs’ licences, the 2018 Minor Review of Multi Year Tariff Order, and the Minimum Review Remittance Order for 2019.

These DISCOs have been given 60 days to show cause why their licences should not be cancelled.

Without prejudice to NERC’s statutory powers to regulate and take tough decisions, and without delving into the merit or otherwise of this regulatory move, it is our humble view that this path is one fraught with many dangers for the distribution of electricity, with its consequential impact on the consumers of electricity – both domestic and industrial.

For one, has NERC covered all bases in terms of managing possible fall out – technical and LEGAL – from this threatened cancellation? For another, if the purpose of this is to get the attention of these DISCOs, what message might this be sending to potential investors in this economy?

How long, would this possibly drag on for; and while it is on-going, how might the DISCOs perform vis-a-vis consumers of electricity?

This we believe are urgent issues that must be on the mind of NERC. We hope they have really thought this through? Our recent history suggests not.

Interesting times ahead!

Our Nation_This Crass Impunity Must Stop!!!

I am not surprised but embarrassed, and disappointed by the statement credited to a spokesperson of the Senate to wit: despite the conviction of Orji Uzor Kalu, he remains a member of the senate and will continue to draw his allowances!

This position of the Senate (subject to its expected denial or withdrawal) shows that members of our political class are their own worst enemies, and by extension an embarrassment to our nation.

A court of competent jurisdiction convicts someone for fraud, and here you are genuflecting and shamelessly posturing that he is still a senator until (and you are so sure of this) the Supreme Court confirms his sentence!

First, it is said, is it not, that show me your friends, and I will know your own character? Based on this I, Adewale Adeniji, loudly proclaim that it appears the senate of the Federal Republic of Nigeria is a den of fraudsters!!! COME AFTER ME PLEASE, I AM WAITING. Nonsense!

Second, how on God’s earth will you pay a convict for sittings he cannot attend? I mean, it beggars belief! In a nation where when most workers are absent from work they are not paid? Again, this position of the senate (except if quickly disclaimed) shows the Senate as INSENSITIVE! You will pay a convicted fraudster for being in prison? These lot are jokers surely!!!

Third, if the ruling party, the APC does not come out to distance themselves from this position, I make bold to say that the anti-corruption platform of that party is forever tarnished!

In case the Senate of the Federal Republic of Nigeria does not know, there are Nigerians like me who transact business with the larger world, and we are constantly ASHAMED of being queried about the shameless leaders of this country. People like me (small we may be) will NO LONGER KEEP

QUIET! This nation does not belong to you alone. All of the political class put together are less than 1% of the masses of Nigerians. And we are tired of their senseless decisions. While at it you might as well pass another senseless resolution granting him bail! Nonsense!

Even if the Senate Rules allows this senseless position, IT IS STILL WRONG! Are you encouraging corruption or what? Remove that portion of your Rules today if it says a convicted felon remains a member of your chambers and can still earn income. If you like keep felons as your members, that may be cool with you, but it is embarrassing to our nation!

My name is Adewale Adeniji, I am a tax paying Nigerian; and I am tired of being embarrassed by elected politicians paid from my taxes.

Are you the only elected leaders in the world?

©️Adewale Adeniji. 9th December 2019.

Our Nation_End Of Impunity In Sight?

The conviction of the former Governor of Abia State and sitting Chief Whip of the Nigerian Senate, Chief Orji Uzo Kalu births in my mind this question: Can we safely conclude that the end to impunity is within our grasp as a nation?

Why now, why not when Joshua Dariye, also a former governor and senator was similarly convicted? Because then that decision was rubbished on the altar of political expediency – that Dariye is a member of the opposition, People’s Democratic Party. Even the PDP made it an official party line! Not with this case.

When Mazi Kalu joined the All Progressives Congress, many said that will be the end of this case. That he was corralled to join the APC just for that purpose. But last time I checked he is still a card carrying, bona fide member of the ruling party. And how come no one has “worked out his case on that account”?

So, can we now at least begin to hope (against hope?) that impunity will be punished, regardless of who the offender is? That as easily as a poor man who steals in the market place will be punished, so will a rich man with connection in high places? AND THIS IS VERY CRUCIAL. Why?

Because we, as a matter of national emergency, need to begin to reorientate our minds from the belief that you can do anything and get away with it, if you know the ‘right persons’. Orji Kalu is as connected as they come in Nigeria. He eats and dines with powers that be. He himself is a power that be.

Yes, he has a right of Appeal to the Supreme Court, and this judgment may yet be set aside for a number of legal reasons; but the fact remains he has been found guilty as charged. He is spending tonight in prison, and many more nights until an appeal sets this judgment aside.

So, I wager a bet, that we may just be in a new season where our laws will count in Nigeria, and no one can do just as they please.

#notoimpunity

©️ Adewale Adeniji. 5th December 2019.