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SERAP sues Buhari, Malami over failure to reverse electricity tariff hike
Nigerian advocacy group, Socio-Economic Rights and Accountability Project (SERAP) has dragged President Muhammadu Buhari to court over his alleged failure to reverse what the organization caller 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.
This followed the reported approval by the NERC wherein electricity tariffs were increased across DisCos in the country in December 2022. As a result, 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.”
“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,” the group stated.
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“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.
“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.”
“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, read 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.”
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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.”
“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.
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200,000 repentant terrorists surrender, drop arms in North East – CDS
200,000 repentant terrorists surrender, drop arms in North East – CDS
The Chief of Defence Staff, General Christopher Musa, has disclosed that about 200,000 repentant terrorists have so far dropped their arms and surrendered to troops in the North East, noting that the twin strategy of kinetic and non-kinetic operations was responsible for this achievement.
The CDS made this known at the Security and Justice Symposium organised by the Office of the National Security Adviser (ONSA) in collaboration with the British High Commission, which began at the National Counterterrorism Centre in Abuja on Tuesday.
He disclosed that the theme of the symposium, ”Securing Peace, Ensuring Justice, Protection, Conduct, and Accountability,” speaks volumes about the deluge of security challenges the armed forces and security agencies are facing.
His words, “All the challenges we are facing today have to do with fairness, equity, justice, and accountability.
“There will not be peace without justice, equity, fairness, and accountability. In our operations, we are conducting both kinetic and non-kinetic strategies, which have to a large extent yielded significant successes, and we want to particularly thank the National Security Adviser for his great support in this regard.
“Nigeria is going through so many challenges, and we feel we’re able to address this, and everybody has a sense of belonging. A lot of the security challenges we are having, we are sure, will go down. I want to thank the National Security Advisor for all the support he’s given us, both the kinetic and the non-kinetic.
“We have said it; the kinetic aspect is just less than 30%. The non-kinetic has a lot to play. The non-kinetic, because when you have democracy, people must have the evidence of democracy. As long as it tells people to sleep well and be peaceful, and they are hungry, their children cannot eat, and all this creates more problems.
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“The issue of informants. We have to look at how we tackle this issue of informants. Because these are the people who have created the issue.
200,000 repentant terrorists surrender, drop arms in North East – CDS
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Robbers kill two members in shoot-out with Delta police
Robbers kill two members in shoot-out with Delta police
The spokesperson for the police in Delta State, SP Bright Edafe, has confirmed the death of two robbery suspects in the state.
Mr Edafe, who disclosed this to journalists on Tuesday in Warri, said that the deceased were killed from the bullets shot by their gang members.
According to him, the incident occurred on Wednesday at Effurun, Uvwie Local Government Area of the state.
Mr Edafe explained that the deceased were leading the police surveillance team attached to the Ekpan Division to their hideout when they were caught during a shoot-out.
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“The suspects were arrested at Effurun roundabout with a bag containing 57 live cartridges and other items. They were leading the surveillance team to their hideout at Warri/Sapele road when their gang members, on sighting the vehicle of the police team, engaged them in a shootout.During the gun duel, the arrested suspects that were leading the police team were fatally wounded by the gun shot of their colleagues. The two injured suspects were taken to the hospital and later died while receiving treatment,” he said.
Mr Edafe said that items recovered from the hoodlums hideout included: one English pump action gun, one locally made cut-to-size gun and eight live cartridges.
Others were: six iPhones, Smart phones and a Rolex wrist watch.
He said that the command had intensified manhunt on the fleeing members of the gang.
Robbers kill two members in shoot-out with Delta police
(NAN)
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