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Unlawful ban on old naira notes: SERAP drags Buhari to court
Socio-Economic Rights and Accountability Project (SERAP) on Sunday said it has filed a lawsuit against President Muhammadu Buhari over what the group called unlawful directive banning the use of old N500 and N1,000 banknotes.
SERAP said the action of the president was contrary to the interim injunction granted by the Supreme Court that the old N200, N500, and N1000 notes remain legal tender.
Joined in the suit as Defendants are the Attorney General of the Federation and Minister of Justice, Abubakar Malami, SAN, and the Central Bank of Nigeria (CBN).
The Supreme Court in a case initially brought by 10 states recently held that the old banknotes remain legal tender pending the determination of a motion on notice fixed for February 22. The deadline for the swap of the old notes expired February 10.
However, Buhari in a national broadcast last week directed the CBN to recirculate only the old N200 banknotes, thereby overruling the Supreme Court and banning the use of old N500 and N1,000 notes in the country.
In the suit number FHC/ABJ/CS/233/2023 filed last Friday at the Federal High Court, Abuja SERAP is asking the court to determine “whether President Buhari’s directive banning the N500 and N1,000 banknotes is not inconsistent and incompatible with the constitutional duties to obey decisions of the Supreme Court and oath of office.”
SERAP is asking the court for “a declaration that President Buhari’s directive banning the use of old N500 and N1,000 banknotes is a fundamental breach of section 287(1) of the Nigerian Constitution 1999 [as amended] and his constitutional oath of office, and therefore unconstitutional, unlawful, null and void.”
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SERAP is seeking “an order of interim injunction restraining President Buhari, the CBN and Mr Malami, their agents or privies from further enforcing the presidential directive banning the old N500 and N1,000 banknotes, pending the hearing and determination of the motion on notice filed contemporaneously in this suit.”
In the suit, SERAP is arguing that: “Upholding the rule of law is the cornerstone of Nigeria’s constitutional democracy. President Buhari and other public officials and authorities have a binding legal responsibility to strictly comply with the rule of law and obey the decisions by the Supreme Court, and all other courts.”
SERAP is also arguing that, “The directive to ban the use of N500 and N1000 banknotes, contrary to the interim injunction by the Supreme Court, is ultra vires – beyond the constitutional and legitimate powers of President Buhari and the government.”
The suit filed on behalf of SERAP by its lawyers Ebun-Olu Adegboruwa, SAN, and Kolawole Oluwadare, read in part: “It is a very serious matter for anyone to flout a positive order of a court.”
“President Buhari’s directive undermines the authority and independence of the judiciary, which is an underlying constitutional principle intended to ensure that government is conducted according to law, and to prevent the arbitrary exercise of powers or discretion by public officials and authorities.”
“An order of Court must be obeyed even if such an order is perverse, until such a time that the order is set aside by a competent court. A flagrant flouting of an order of the court by the executive is an invitation to anarchy.”
“The rule of law makes all government officials, including the President and other officials, answerable for their acts in the ordinary courts. The law must apply to everybody; nobody is above the law.”
“Section 281(1) of the Nigerian Constitution provides that, ‘the decisions of the Supreme Court shall be enforced in any part of the Federation by all authorities and persons, and by courts with subordinate jurisdiction to that of the Supreme Court.”
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“Under 318 (1) of the Nigerian Constitution, ‘decision’ means in relation to a court, any determination of that court and includes judgement decree, order, conviction, sentence or recommendation.”
“It is the duty of the government to allow the law to take its course or allow the legal and judicial process to run its full course.”
“The directive by President Buhari to ban the use of the old N500 and N1000 banknotes can have no other interpretation than the show of intention to pre-empt the final decision of the Supreme Court in this case.”
“The courts expect the utmost respect of the law from the government itself which rules by the law.”
“The rule of law is essential in a constitutional democracy such as we have in this country for the protection of the rights of citizens and for checking arbitrary use of power by the executive or its agencies.”
“It is a necessary implication of the rule of law that, except where the law gives a discretion to a public functionary, he can only act in accordance with the law, as to do otherwise may enthrone arbitrariness.”
“The Defendants are public officers who have sworn the constitutional oath office to perform their respective duties in the interest of the Nigerian citizens.”
“This suit is not challenging the statutory power of the Central Bank of Nigeria, acting on the directive of the President, to change the currency and denomination banknotes in Nigeria.”
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“Unless the reliefs sought are granted, the Defendants will continue to violate constitutional provisions and disobey the order of the Supreme Court as implied by the directive of the President in his address to the nation on 16 February, 2023.”
SERAP is also asking the court for the following reliefs:
A DECLARATION that by virtue of section 287(1) of the Nigerian Constitution 1999, President Buhari, the CBN and Mr Malami have a constitutional duty to obey and enforce any decisions and orders of the Supreme Court, particularly the order allowing the use of old N200, N500 and N1,000 banknotes;
AN ORDER restraining and stopping the CBN from carrying out and giving effect to the directive of the President directing and approving that the old N500 and N1,000 banknotes are no longer legal tender and the old N200 banknote will cease to be legal tender on 10 April 2023, in compliance with the order of the Supreme Court of Nigeria made on 8 February, 2023 in Suit Number SC/CV/162/2023– Attorney General of Kaduna State & 2 Ors v. Attorney General of the Federation;
AN ORDER mandating the CBN to direct all commercial banks in Nigeria to accept and give out the old N200, N500, and N1,000 banknotes as legal tender concurrently along with the new banknotes of the same denomination in line with the order of the Supreme Court of Nigeria made on 8 February, 2023 in Suit Number SC/CV/162/2023 – Attorney General of Kaduna State & 2 Ors v. Attorney General of the Federation;
ANY ORDER(S) that the Honourable Court may deem fit to make in the circumstance of this suit.
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Mambilla: Malami Defends $200m Settlement, Rejects ICC Corruption Findings
Mambilla: Malami Defends $200m Settlement, Rejects ICC Corruption Findings
Former Attorney-General of the Federation and Minister of Justice, Abubakar Malami, has defended the controversial $200 million settlement agreement reached between the Federal Government and Sunrise Power and Transmission Company Limited over the long-running Mambilla Hydroelectric Power Project dispute.
Malami said the proposed settlement was negotiated in what he considered to be Nigeria’s interest, arguing that the government was attempting to resolve a dispute that had persisted for years and had become an obstacle to the development of the 3,960-megawatt Mambilla power project in Taraba State.
His response followed a 616-page final award delivered by an International Chamber of Commerce (ICC) arbitration tribunal in Paris on September 16, 2026. The tribunal rejected Sunrise Power’s claims against Nigeria but also made adverse findings about Malami’s handling of the settlement negotiations.
The tribunal found that the 2020 settlement agreement and its addendum were not binding on Nigeria because they lacked the required presidential approval. It also concluded that the agreements were products of corruption and contrary to Nigerian public policy.
Malami has rejected those findings concerning his conduct, stressing that the arbitration was a commercial proceeding and not a criminal trial.
He said the tribunal’s award should therefore not be presented as a criminal conviction against him.
According to Malami, the dispute between Sunrise Power and the Federal Government began years before he became Attorney-General and passed through several administrations, ministries and Attorneys-General.
He said his involvement arose from his constitutional and professional responsibility to advise the government on its legal exposure and possible options for resolving the longstanding dispute.
The Mambilla controversy dates back to 2003, when Sunrise became involved in plans for the development of the hydroelectric project in Taraba State. The project was later redesigned with a proposed capacity of 3,960MW, but disagreements over Sunrise’s contractual role eventually produced years of litigation and international arbitration.
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By 2019, Malami said, the unresolved dispute had become an impediment to financing discussions surrounding the Mambilla power project, including engagements involving China Exim Bank.
He said Sunrise initially demanded $500 million as a full and final settlement during negotiations in London in November 2019.
Government representatives reportedly countered with $100 million before negotiations produced the $200 million figure that was eventually incorporated into the settlement agreement.
The January 2020 agreement provided for Nigeria to pay Sunrise $200 million to settle the dispute.
However, a subsequent addendum dated March 25, 2020 introduced another $200 million liability in the event of default, potentially increasing Nigeria’s exposure to $400 million, apart from interest.
The additional liability became a major issue before the ICC tribunal.
The tribunal examined the circumstances surrounding the settlement and the subsequent addendum, including communications between Malami and Leno Adesanya, the promoter of Sunrise Power.
According to the tribunal’s findings reported from the final award, Adesanya alleged that Malami and former Minister of Power Saleh Mamman discussed a payment arrangement under which Nigeria would initially release $100 million and the remaining $100 million would be paid after Adesanya had done “what is needed”.
Adesanya also claimed to have audio and video recordings relating to the alleged discussions.
The tribunal noted, however, that those recordings were not produced before it. It therefore considered the absence of the recordings when assessing the evidence surrounding the allegations.
Despite that limitation, the tribunal concluded that the evidence before it established what it described as a corrupt deal between Malami and Adesanya and found that the settlement agreements were consequently tainted.
The tribunal also found that Malami had acted against Nigeria’s interests and was motivated by other incentives in his handling of the settlement. It noted that Malami did not appear before the tribunal to give evidence.
Malami has categorically rejected the allegation.
In a statement issued by his Special Assistant on Media, Mohammed Doka, the former AGF said his official actions were not motivated by a promise of personal financial benefit.
He argued that the allegation should be assessed against the complete documentary and evidentiary record, including whether he ever received money or any other financial benefit from Sunrise, Adesanya or an associated entity.
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Malami also pointed to the fact that former President Muhammadu Buhari never approved the $200 million settlement.
According to the tribunal’s findings, Buhari wrote in a note dated April 20, 2020 that the Federal Government did not have the $200 million required to pay Sunrise.
A later request for approval was also rejected. On January 18, 2021, Buhari reportedly wrote “Not approved” on a communication relating to the settlement.
Malami said his subsequent actions should be considered in that context.
He maintained that when Sunrise later sought to enforce the settlement against Nigeria, he instructed government lawyers to resist the attempt and preserve the country’s legal position.
The former AGF therefore argued that it would be inaccurate to portray his role simply as an attempt to secure payment for Sunrise despite Buhari’s position.
The tribunal reached a different conclusion about aspects of his conduct, finding that Malami and Adesanya had maintained an inappropriate relationship during the dispute and had coordinated on matters relating to the settlement.
The findings have generated calls for further investigation from anti-corruption groups.
The Human and Environmental Development Agenda (HEDA Resource Centre) has called on Nigeria’s anti-corruption agencies to investigate the tribunal’s findings and prosecute any offences established by the evidence.
The ICC proceedings themselves, however, were commercial arbitration proceedings, not a criminal prosecution of Malami.
That distinction is significant because the tribunal’s findings regarding alleged corruption do not amount to a criminal conviction. Any criminal liability would have to be established through the appropriate criminal justice process.
While the tribunal criticised the handling of the settlement, its overall decision was favourable to Nigeria in the underlying arbitration.
Sunrise had sought hundreds of millions of dollars from Nigeria in connection with the settlement and was pursuing a separate claim exceeding $2.7 billion over the Mambilla project dispute.
The tribunal rejected Sunrise’s claims, including its demand for $400 million under the 2020 settlement and subsequent default provision. It also ordered Sunrise and Adesanya to reimburse Nigeria for a substantial portion of its legal costs.
Reports on the award put Nigeria’s recoverable legal fees and expenses at about $11.82 million, while Sunrise and Adesanya were also ordered to bear most of the arbitration costs.
President Bola Ahmed Tinubu welcomed the ruling and described it as the removal of a major legal obstacle to the long-delayed Mambilla Hydroelectric Power Project.
The President commended the Federal Ministry of Justice, Nigeria’s legal defence team and witnesses who participated in the arbitration, including former President Olusegun Obasanjo and the late President Muhammadu Buhari.
The Federal Government has said the arbitration outcome clears a major legal hurdle surrounding the Mambilla project, which has remained stalled for years.
The project is expected to have a generation capacity of 3,960MW, making it one of Nigeria’s most ambitious planned power developments.
For Malami, however, the ICC decision has created two separate issues: Nigeria’s success in defeating Sunrise’s financial claims and the tribunal’s findings about his conduct during the settlement negotiations.
He has welcomed the arbitration victory while rejecting the corruption findings against him.
Malami said he would provide a more comprehensive response after reviewing the complete ICC award and the evidence underpinning the tribunal’s conclusions.
The Mambilla settlement controversy is therefore likely to remain a subject of scrutiny, particularly over the circumstances surrounding the $200 million agreement, the March 2020 addendum that potentially doubled Nigeria’s liability, the absence of presidential approval and the communications between Malami and Sunrise’s promoter.
At the same time, the ICC ruling has settled the immediate arbitration dispute in Nigeria’s favour by preventing Sunrise from enforcing the disputed $400 million settlement claim.
The distinction between the two aspects of the case remains important: the ICC arbitration victory belongs to Nigeria in the commercial dispute, while the tribunal’s adverse findings concerning Malami are allegations and findings arising from that arbitration and are being expressly rejected by the former AGF.
Mambilla: Malami Defends $200m Settlement, Rejects ICC Corruption Findings
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Obasanjo Family, Orji Kalu Among Nigerians Linked to $271m US Property Investigation
Obasanjo Family, Orji Kalu Among Nigerians Linked to $271m US Property Investigation
Members of the families of former President Olusegun Obasanjo and former Abia State governor Orji Uzor Kalu are among 61 Nigerian-linked individuals identified in a fresh investigation into about $271 million worth of US property and assets.
The investigation was conducted by the Platform to Protect Whistleblowers in Africa (PPLAAF) in partnership with the Anti-Corruption Data Collective (ACDC) as part of a broader examination of how wealth connected to Nigerian politically exposed persons (PEPs) has been moved into and held through United States real estate.
The findings, released on Tuesday, September 22, 2026, examine property ownership records, corporate structures and other data relating to Nigerian political figures, their relatives and associates.
The investigation comes days after PPLAAF announced that it had uncovered additional US properties linked to the families of former Nigerian officials, saying the findings pointed to gaps in the ability of Nigerian and American authorities to trace assets across borders.
However, being named in the investigation does not by itself establish that an individual committed a crime or that every property identified was acquired with proceeds of corruption.
Rather, PPLAAF and ACDC have presented the investigation as an examination of asset ownership, financial flows and corporate structures, with the aim of identifying properties and transactions that may warrant further scrutiny by competent authorities.
The investigation has renewed attention on the overseas assets of Orji Kalu, whose family has previously been the subject of a separate PPLAAF investigation into US property.
According to PPLAAF’s earlier findings, Kalu spent about $3.3 million on US properties while serving as Abia State governor and acquired additional properties worth about $4.4 million in the 18 months after leaving office, during a period when he was facing corruption charges in Nigeria.
PPLAAF further reported that Kalu and members of his family had owned properties valued at approximately $20 million across Maryland, North Carolina, South Carolina and Texas.
The properties included residential, commercial and undeveloped assets, with some acquisitions made through companies associated with Kalu and his family.
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Kalu was governor of Abia State from 1999 to 2007 and was subsequently prosecuted by the Economic and Financial Crimes Commission (EFCC) over allegations relating to the diversion of public funds.
He was convicted in 2019, but the Supreme Court overturned the conviction in 2020 on grounds relating to the composition of the trial court.
The PPLAAF investigation into Kalu’s US assets therefore predates the latest $271 million investigation and provides part of the background to his inclusion in the broader examination of Nigerian-linked wealth in the United States.
The investigation has also brought renewed attention to the use of family members, trusts, companies and other legal structures in holding foreign property.
A recent PPLAAF investigation involving former Enugu State governor Chimaroke Nnamani illustrates the type of transactions the organisation has been examining.
PPLAAF said its investigation identified at least nine properties in Florida and Virginia acquired by Nnamani and members of his family during and after his tenure as governor.
The properties were reportedly worth several million dollars, with seven of those identified being purchased after the EFCC had begun proceedings against Nnamani.
According to PPLAAF, the EFCC had accused Nnamani, his sister Chinero Nwaigwe and associated companies of stealing and laundering approximately $41.8 million from Enugu State.
The organisation said US authorities subsequently investigated financial transactions linked to the family and identified companies, wire transfers and a Florida property purchased for about $1.8 million.
PPLAAF’s review of property records subsequently identified other assets that it said were not mentioned in the earlier Nigerian or US proceedings.
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One of the properties, according to the organisation, was purchased by Nwaigwe in Virginia in January 2022 for approximately $1.5 million and transferred to Nnamani in December of the same year without stated consideration. Nnamani was serving as a senator at the time.
PPLAAF said the wider Nnamani property network included assets acquired through trusts and companies, which it said raised questions about beneficial ownership and the source of funds.
Nnamani has denied wrongdoing and rejected allegations that he was the subject of an FBI investigation or US criminal proceedings, according to PPLAAF’s published investigation. The organisation said other family members it contacted did not respond to its questions.
The Nnamani case is significant to the latest investigation because PPLAAF had announced ahead of the September 22 release that it would publish a broader report detailing how hundreds of millions of dollars in American real estate were connected to current and former senior Nigerian officials.
The organisation said the report would examine the structures and regulatory gaps that can allow wealth to move across international borders and become invested in foreign property.
The broader investigation focuses on a problem that extends beyond Nigeria: the difficulty of identifying the true owners of property when assets are held through corporations, trusts or other legal arrangements.
Such structures are not inherently illegal. Companies and trusts are routinely used for legitimate estate planning, investment, privacy and commercial purposes.
However, investigators and anti-corruption organisations have argued that opaque ownership structures can also make it more difficult for authorities to establish who ultimately controls an asset and where the money used to purchase it originated.
This has made US real estate an important area of interest in international investigations into suspected illicit financial flows.
The latest investigation by PPLAAF and ACDC consequently raises questions about whether Nigerian and US authorities have sufficient information to trace the ownership and source of funds behind Nigerian-linked property holdings.
ACDC has worked with investigative journalists, researchers and other organisations on investigations involving transnational corruption and illicit financial flows, while PPLAAF focuses on whistleblower protection, investigations and legal advocacy concerning matters of public interest.
The two organisations have previously collaborated on investigations involving complex international financial structures and property ownership.
For Nigeria, the issue is particularly relevant because the recovery of assets allegedly acquired with public funds often depends on cooperation between domestic agencies and foreign authorities.
The EFCC, Independent Corrupt Practices and Other Related Offences Commission (ICPC), Nigeria Financial Intelligence Unit (NFIU) and other agencies can require international cooperation when assets suspected of being proceeds of crime are located outside the country.
The latest findings therefore do not amount to a judicial determination that the individuals identified are guilty of corruption or money laundering.
Instead, the report places a large number of Nigerian-linked US properties and assets under renewed public scrutiny and calls attention to the need for authorities to establish ownership, source of funds and, where necessary, whether particular assets are connected to criminal proceeds.
The distinction is important because property ownership alone is not evidence of corruption. Any allegation that a particular asset represents proceeds of crime would ultimately require evidence and, where contested, determination through the appropriate legal process.
The investigation is nevertheless likely to generate further questions about Nigerian politicians’ foreign assets, the role of relatives and corporate entities in holding property abroad, and the capacity of Nigerian institutions to recover assets located in other jurisdictions.
PPLAAF’s recent investigations have also highlighted cases in which property records revealed assets that investigators said were not fully reflected in earlier corruption or forfeiture proceedings.
The organisation has called on Nigerian and US authorities to investigate the newly identified financial and property structures and determine whether any of the assets warrant further action.
As scrutiny of the $271 million US property investigation continues, the central issue will be whether the ownership structures and financial transactions identified by the investigators can be independently verified and whether competent authorities find evidence of unlawful conduct.
For the individuals and families named, inclusion in the investigation should therefore be understood as an allegation or investigative finding requiring further verification, rather than proof of criminal liability.
Obasanjo Family, Orji Kalu Among Nigerians Linked to $271m US Property Investigation
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Nationwide Blackout Looms As Electricity Workers Give NAF Three-Day Ultimatum
Nationwide Blackout Looms As Electricity Workers Give NAF Three-Day Ultimatum
A nationwide blackout could occur if electricity workers proceed with threatened industrial action over the alleged assault and detention of staff of the Jos Electricity Distribution Company (JED) by personnel of the Nigerian Air Force (NAF) in Bauchi State.
The National Union of Electricity Employees (NUEE) and the Senior Staff Association of Electricity and Allied Companies (SSAEAC) have issued a three-day ultimatum to the authorities, demanding action over the alleged treatment of electricity workers following a dispute over unpaid electricity bills.
The ultimatum, which commenced on September 21, 2026, expires on September 23, after which the unions have threatened to withdraw their services nationwide if their demands are not addressed.
The dispute reportedly began after JED disconnected electricity supply to NAF residential quarters along Ningi Road in Bauchi over an outstanding electricity bill.
JED said the disconnection took place on September 14 following prolonged non-payment and put the outstanding debt owed by the affected NAF quarters at ₦196,730,844.
The distribution company said the amount represented about two per cent of the outstanding debt profile within its Bauchi franchise.
According to JED, the situation escalated on September 18, when NAF personnel allegedly invaded the company’s Bauchi headquarters following the disconnection.
The company said its State Operating Officer, Samaila Isa Bukar, was among those allegedly taken away, alongside an unconfirmed number of meter installers working under the Distribution Sector Recovery Programme (DISREP).
JED alleged that the workers were taken in Air Force vehicles to the disconnected residential quarters.
The company further alleged that some of the meter installers were physically assaulted and that Bukar was threatened with further assault unless electricity supply was restored.
JED also alleged that the workers’ mobile phones were seized during the incident and that they were released only after power was restored to the affected quarters.
The allegations have triggered strong reactions from electricity workers, who say the incident threatens the safety of personnel responsible for operating and maintaining Nigeria’s electricity distribution infrastructure.
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The unions have demanded an investigation into the incident and protection for their members while carrying out their official responsibilities.
Rilwanu Shehu, national deputy president of SSAEAC, said the alleged incident had created fear among electricity workers in Bauchi.
He said workers could not be expected to continue performing their duties if they were exposed to alleged intimidation or physical attacks in the course of their work.
The unions have also called for medical examination of the affected workers, the return of their belongings and an apology over the alleged treatment.
The NUEE Bauchi branch has reportedly directed workers to remain at home pending further instructions from the union’s national leadership.
Union officials have also approached the Bauchi State Commissioner of Police and the state director of the Department of State Services (DSS) to report the matter and seek intervention.
The unions said they were prepared to shut down electricity-sector operations nationwide if the dispute was not resolved before the expiration of the ultimatum.
Such an action could affect activities across the electricity generation, transmission and distribution sectors, potentially disrupting power supply to homes, businesses, industries and public institutions.
However, the threat of a nationwide blackout should not be interpreted as confirmation that such a shutdown has already begun. The proposed action remains conditional on the outcome of efforts to resolve the dispute before the September 23 deadline.
The disagreement also highlights the continuing challenges surrounding electricity debt collection and enforcement of payment obligations involving government establishments and other large electricity consumers.
JED has maintained that the disconnection of the NAF quarters followed prolonged non-payment and that the company had taken the action as part of its efforts to recover outstanding revenue.
The company has also alleged that the subsequent intervention by NAF personnel resulted in the forced restoration of electricity supply.
The Nigerian Air Force, however, had not issued a substantive public response to the allegations in the reports reviewed as of Tuesday.
An NAF spokesperson in Bauchi, Friday Ogili John, was reported to have indicated that the military would respond to the allegations.
Consequently, the claims of assault, unlawful detention, seizure of phones and forced reconnection remain allegations pending an official response and any findings from investigations.
The controversy comes as Nigeria continues to grapple with challenges in the power sector, including electricity distribution losses, infrastructure constraints, unpaid bills and the gap between available generation and reliable supply to consumers.
Power Minister Joseph Tegbe said on September 21 that electricity generation and transmission had remained above 5,000 megawatts in the preceding weeks. He acknowledged, however, that higher generation had not necessarily translated into reliable electricity supply in every community.
The immediate focus is now on the intervention efforts involving the unions, security agencies, JED and the NAF before the expiration of the three-day ultimatum.
If no resolution is reached and the electricity workers implement their threat to withdraw services, the resulting disruption could have implications for Nigeria’s national power supply.
For now, the unions’ September 23 deadline remains the key date in the dispute.
Nationwide Blackout Looms As Electricity Workers Give NAF Three-Day Ultimatum
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