Category: Lead

• …NERC to conduct public hearing

ELECTRICITY Distribution Companies (DisCos) in the country have approached the Nigeria Electricity Regulatory Commission (NERC) for tariff increase, according to a statement by the regulator, yesterday. According to the statement, the 11 DisCos application is hinged on the need to ensure the electricity rate is in sync with current macroeconomic dynamics.

In the statement which reads in part, the regulator said, “Pursuant to Section 116 (1) and 2(a&b) of the Electricity Act 2023 and other extant rules, the eleven (11) successor electricity distribution companies (DisCos) have filed an application for rate review with the Nigerian Electricity Regulatory Commission (“NERC” or the “Commission”).

“The request for rate review is premised on the need to incorporate changes in macroeconomic parameters and other factors affecting the quality of service, operations and sustainability of the companies.”

NERC also used the medium to call on members of the public and stakeholders to add their comments to the rate review applications filed by the DisCos.

Read Also: Nigerians may pay more as DisCos apply to NERC for electricity tariff review

“Accordingly, the Commission hereby invites the general public for comments on the rate review applications by the distribution licensees.

“Interested stakeholders are advised to review and take into consideration the excerpts of the Rate Review Applications filed with the Commission by the respective licensees. The applications can be accessed on the Commission’s website at www.nerc.gov.ng.”

Besides, the Commission said it will conduct a rate case hearing and extend participation to members of the public who are interested.

“As part of the rule-making process and in the exercise of the powers conferred by the Electricity Act, the Commission shall conduct a Rate Case Hearing on the applications prior to making a ruling.

“Any person wishing to participate in the proceedings as an intervenor should forward his/her application to tariff@nerc.gov.ng before the close of business on 20th July 2023.”

Since last month, the agitation for an increase in electricity tariff by 40 percent effective July 1, 2023 had rented the air. Discos like the Abuja Electricity Distribution Company (AEDC) have announced an increase before backtracking.

The NERC also revealed that the proposed plan was awaiting approval from the President before execution.

The hike, according to the Commission, was in response to the surge in the pump price of petrol occasioned by the removal of subsidy.

A Federal Capital Territory (FCT) High Court, Abuja has dismissed and discharged Senator Rochas Okorocha of all allegations of corruption filed against him when he was the governor of Imo State between 2007 and 2011 by the Economic and Financial Crimes Commission (EFCC).

The presiding judge, Justice Yusuf Halilu said the action of the anti-graft agency, to have filed the charge in his court, despite filing the same with a Federal High Court was a gross abuse of the judicial process.

While delivering judgment in the suit filed by the EFCC against the former governor of Imo State, Justice Halilu  noted that being a creation of law, the EFCC should be seen to be a respecter of the law that created it.

Okorocha was prosecuted by the EFCC on a 17-count charge bordering on conspiracy, stealing, conversion of public funds, and money laundering to the tune of N3.1 billion.

In his judgement, Justice Halilu recalled previous rulings on the same subject matter which EFCC was aware of but still decided to file the same charges against Okorocha before his court.

He recalled that Justice Inyang Ekwo of the Federal High Court, Abuja, had on February 6, 2023, discharged and acquitted Okorocha of the fraud charge preferred against him by the EFCC.

According to him, the ruling of the Abuja High Court flowed from an earlier judgement of a court of coordinate jurisdiction sitting in Port Harcourt in suit number: FHC/PH/FHR/165, between him and EFCC, restraining the agency from further proceeding on the alleged offence subsists.

In the ruling, Justice Stephen Pam, of the Federal High Court, Port Harcourt, had declared it unlawful and made an order prohibiting the EFCC from further prosecuting Senator Okorocha.

However, on Friday, saying that counsel to Okorocha, Ola Olanipekun, a Senior Advocate of Nigeria (SAN) had successfully woven together the previous court pronouncements, Justice Halilu said he could not but agree with the complaint that the complainant (EFCC) had abused the judicial process by filling the same charges against the complaint in the FCT High court.

While he noted that the same criminal charges filed before the Federal and FCT High courts against Okorocha are now being construed as an abuse of judicial process, Justice Halilu said, he is though was not precluded to look at all the evidence presented, “My desire is to see if the EFCC, being a creation of the law is indeed a respecter of the law being a creation of the law and whether or not these are judgements viz a viz the charges filed before the Federal High court and FCT High Court touching on the same investigation that was declared a nullity by the Federal High Court amount to an abuse of judicial process.

“An order made by a court of competent jurisdiction is valid until it is declared null by a court of competent jurisdiction.

“That’s why any step taken in filing any charge against the first defendant/applicant towards or stemmed from the same investigation which has been declared null and void and unconstitutional by a Federal High Court shall always be challenged on grounds of an abuse of court process.”

He said even though the number of charges is not the same on both charge sheets, the fact nonetheless remains that they were borne out of the same investigation that has been declared illegal and unconstitutional by the Federal High Court.

The judge also noted that the complainant/respondent (EFCC), through his counsel made a strenuous effort to convince the court that the charges are not the same.

In addition, he said the EFCC counsel tempted the court that it was not bound by the decision of a court of the same jurisdiction, which he said could be true but to the extent that it does not amount to an abuse of judicial process.

Read Also: Imo gets ultimatum to implement White Paper on Okorocha’s probe

Saying that to every general rule, there’s an exception, Halilu said, “If it has to do with the judgement of the Federal High Court, touching on the same subject matter, the same parties, arising from the same investigation which has been declared a nullity and unconstitutional by the Federal High Court, this court is bound hands and legs by the decision of that court, so long as it is the same charge that is being duplicated before me.”

While frowning against incessant abuse of the court process, Justice Halilu said it is no doubt that the charge before him is a nullity and unconstitutional.

He said what the EFCC should have done is to have filed an appeal if it was not satisfied with the earlier court.

Having filed an appeal while filing the same charges at the FCT High Court, the judge said it leaves him with no option than to agree with Okorocha’s counsel, Olanipekun that the EFCC had indeed given the court a proper definition of abuse of judicial process.

“This is indeed an abuse of the court process. I say this with every sense of modesty because there must be an end to litigation, that is why we have statute of courts,” he added.

He said the EFCC must be truly seen as obeying the law, being a creation of the law since the court is needed always for the prosecution of the anti-graft agency’s cases, which the court has helped to promote the image of the agency.

“Having come thus far, this is a convenient ground for me to grant the said application of the applicant and to discourage abuse of court process, that once the abuse of judicial process is established, the proper order is to dismiss the process that has been abused, accordingly the said charge before me is hereby dismissed.”

Okorocha, who was in court, after the session, expressed his appreciation to the judiciary and the outcome of the case.

While urging the EFCC not to relent in its drive against economic corruption, however, he advised that their actions must always be driven within the ambit of the law.

• Commodity board to assess food prices
• 10m agric jobs coming

President Bola Tinubu yesterday declared a state of emergency on food security in the country. 

He said food inflation was worrisome,  adding that pricing should be stabilised in the interest of the common man.

The president said the National Commodity Board will soon undertake an assessment of food prices to ensure stability.

He also directed security agencies to protect farmers and farmlands in a bid to prevent the disruption of farming activities across the regions. 

President Tinubu said farmers should embrace modern agricultural practices and replace the archaic animal husbandry. 

He said when the unfolding agricultural innovations are implemented, the sector should be able to generate between five and 10 million jobs.

Presidential Adviser on Special Duties, Communication and Strategy Dele Alake disclosed the President’s directive to reporters in Aso Villa, Abuja, shortly after his meeting with stakeholders on agriculture and food production value-chain.

With Alake at the briefing were Special Adviser to the President on Revenue, Zacch Adedeji; Special Adviser on Industry, Trade and Investment, John Uwajumogu; Acting Comptroller General of Nigeria Customs Service (NCS), Wale Adeniyi; a member of the Presidential Advisory Council, Dr Doris Anisette.

Alake, who shed light on the ‘Presidential Intervention on Food Security, Food Pricing and Sustainability,’ said fertilizers and grains will be released to farmers and households to mitigate the effects of the fuel subsidy removal.c

He said President Tinubu has directed that matters relating to food affordability and water availability should be within the purview of the National Security Council.

Alake said: “As a hands-on- leader who follows developments across the country every day, Mr. President is not unmindful of the rising cost of food and how it affects the citizens. 

“While availability is not a problem, affordability has been a major issue to many Nigerians in all parts of the country. This has led a significant drop in demand, thereby undermining the viability of the entire agriculture and food value chain.

“Accordingly, in line with this administration’s position on ensuring that the most vulnerable are supported, Mr. President has declared, with immediate effect the following actions: That a state of emergency on food security be announced immediately, and

“That all matters pertaining to food & water availability and affordability, as essential livelihood items, be included within the purview of the National Security Council”, he said.c

Explaining how the presidential order will be implemented,  the special adviser said a number of initiatives would be deployed in the immediate, medium and long terms, adding that goals to be achieved have been mapped out

Alake said the steps include all-year round farming, creation of special purpose vehicles, especially the commodity board, to liberalise the food production value chain; the immediate activation of land-banks across the country, and the replacement of the age-long and problematic nomadic animal husbandry with with government-managed ranching. 

He added: “We will immediately release fertilizers and grains to farmers and households to mitigate the effects of the subsidy removal.

 ”There must be an urgent synergy between the Ministry of Agriculture and the Ministry of Water Resources to ensure adequate irrigation of farmlands and to guarantee that food is produced all-year round. As a country, Mr. President has made it clear that we cannot be comfortable with seasonal farming. We can no longer afford to have farming down times. 

“We shall create and support a National Commodity Board that will review and continuously assess food prices as well as maintain a strategic food reserve that will be used as a price stabilisation mechanism for critical grains and other food items. Through this board, government will moderate spikes and dips in food prices. 

“To achieve this, we have the following stakeholders on board to support the intervention effort of President Bola Ahmed Tinubu: The National Commodity Exchange (NCX), Seed Companies, National Seed Council and Research institutes, NIRSAL Microfinance Bank, Food Processing/ Agric Processing associations, private sector holders & Prime Anchors, small holder farmers, crop associations and Fertilizer producers, blenders and suppliers associations to mention a few. 

 ”We will engage our security architecture to protect the farms and the farmers so that farmers can return to the farmlands without fear of attacks. The Central Bank will continue to play a major role of funding the agricultural value chain. Activation of land banks. 

“There is currently 500,000 hectares of already mapped land that will be used to increase availability of arable land for farming, which will immediately impact food output.

“There will be mechanization and land clearing. The government will also collaborate with mechanization companies to clear more forests & make them available for farming 

“River basins- there are currently 11 rivers basins that will ensure planting of crops during the dry season with irrigation schemes that will guarantee continuous farming production all year round, to stem the seasonal glut and scarcity that we usually experience.

 ”We will deploy concessionary capital/funding to the sector especially towards fertilizer, processing, mechanization, seeds, chemicals, equipment, feed, labour, etc.

The concessionary funds will ensure food is always available and affordable thereby having a direct impact on Nigeria’s Human Capital Index (HCI). This administration is focused on ensuring the HCI numbers, which currently ranks as the 3rd lowest in the world, are improved for increased productivity.

 ”Transportation and Storage: The cost of transporting Agricultural products has been a major challenge (due to permits, toll gates, and other associated costs). When the costs of moving farm produce is significantly impacted- it will immediately be passed to the consumers, which will affect the price of food- the government will explore other means of transportation including rail and water transport, to reduce freight costs and in turn impact the food prices.

“The government will change the way we have been doing livestock business, away from the archaic method to the modern way acceptable worldwide. We will establish ranches in collaboration with state governments and the federal government will pay for the land.” 

Alake said the measures aimed at improving food production and distribution would boost job creation and enhance food security. 

He stressed: “Principally, one of the major positive outcomes of these interventions will be a massive boost in employment and job creation. Indeed, agriculture already accounts for about 35.21 percent of employment in Nigeria (as at 2021), the target is to double this percentage to about 70% in the long term.

“President Bola Ahmed Tinubu’s mandate to create jobs for our teeming youth population will be achieved with between five to 10 million more jobs created within the value chain, working with the current 500,000 hectares of arable land and the several hundreds of thousands more farmlands to be developed in the medium term.

“In closing, this administration understands that food and water are the bedrock of survival and therefore is calling on all Nigerians to partner us in ensuring the success of this strategic intervention. This administration is working assiduously to ensure that Nigerians do not struggle with their essential needs.

“President Bola Ahmed Tinubu wishes to use this medium to continue to assure Nigerians that this administration will not relent in its efforts until all strategic interventions are deployed efficiently and effectively and until every household is positively impacted. 

“Our president is the president of all Nigerians and the father of the nation. The renewed hope mandate remains alive and no one, absolutely no one, will be left behind.”

• It’s N8,000 per family for six months
• House okays N500b request by president

As the Federal Government kicks off plans to cushion the effect of the removal of petrol subsidy, it unveiled the proposal to share the $800 million World Bank facility offered to the country for conditional transfers to 12 million poor and vulnerable families.

Each of the families will get N8,000 monthly for six months.

Details of this plan were made available by House of Representatives Deputy Speaker Banjamen Kalu yesterday. 

Kalu spoke after the lawmakers approved the arrangement.

The House also approved the reorder of the N819 billion 2022 Supplementary Appropriation Act, granting President Bola Ahmed Tinubu’s request to spend N500 billion of it on palliatives. 

The details of the spending have not been made available. 

The remaining N319 billion was approved for other uses by the government.

The Senate, which is yet to approve the proposals from President, referred them to its Committee of the Whole for legislative action because the relevant committees that should have worked on them are yet to be constituted.

Tinubu, in a letter of request to the National Assembly, said: “Please note that the Federal Executive Council led by President Muhammadu Buhari, GCFR, approved an additional loan facility to the tune of $800,000,000 to be secured from the World Bank for the National Social Safety Net Programme (the “Programme”) (Copy of FEC Extract attached).

“You may also wish to note that the purpose of the facility is to expand coverage of shock-responsive safety net support for poor and vulnerable Nigerians and to help them cope with the cost of meeting basic needs.

“You may further wish to note that under the conditional cash transfer window of the programme, the Federal Government of Nigeria will transfer the sum of N8,000 per month to 12 million poor and low-income households for six months with a multiplier effect on about 60 million individuals.

“In order to guarantee the credibility of the process, digital transfers will be made directly to beneficiaries’ accounts and mobile wallets.

“It is expected that the programme will stimulate economic activity in the informal sector and improve nutrition, health and education outcomes for beneficiary households.

“Given the above, I wish to invite the House of Representatives to kindly grant approval for the additional loan facility of $800,000,000.00 to be secured from the World Bank for the National Social Safety Net Programme.”

Kalu said while N500 billion is meant for palliatives, the additional N319 billion was approved for other purposes.

According to him, N185.236 billion was okayed for the Ministry of Works and Housing to alleviate the impact of last year’s floods on roads in the six geo-political zones.

A total of N19.2 billion was approved for the Ministry of Agriculture to ameliorate the damage done to farmlands by severe flooding last year.

Also, N35 billion was set aside for the National Judicial Council and N10 billion for Federal Capital Territory Administration for critical projects.  

The sum of N70 billion was also approved for the working conditions of new National Assembly members.

The Deputy Speaker said: “We took the decision because of the current pains that everybody complains about as a result of the bold step taken by the President to remove subsidy, but not to be insensitive to the yearnings of the Nigerian people.

“We are here to let you know that there are various components to that bill. It did not speak about one component. The entire money which is about N819 billion was not only for palliatives. 

“The palliatives component of the bill is N500 billion which is to cushion the impact of oil subsidy removal because from what we understood, Mr. President believes that we can delay gratification for better gain tomorrow.

“We suffer the impact of the subsidy now and put our country on auto-pilot and begin to enjoy the gains of the removal of petrol subsidy.

“It is better we feel the pains now and that is what we are feeling and the N500 billion is meant to make a social and economic impact on the lives of Nigerians and that is what the parliament did. We have done our bit and I am sure that Senators will also do their bit.

“The approved funds for the different components are domiciled in the ministries, but the greater aspect for palliatives is with the Ministry of Finance.

“The major part of what we did today (yesterday) is to ensure that we help Nigerians who, as a result of the removal of subsidy, are feeling the impact.”

Although he did not speak on the register that will be used to distribute the money, it was learnt that the register collated by the Nigerian Social Investment Authority in conjunction with the World Bank, will likely be used to distribute the palliatives cash to the poor.

NANS seeks fee reduction

The National Association of Nigerian Students (NANS) called for a reduction in tuition by tertiary institutions.

NANS said that would help to cushion the effects of petrol subsidy removal on students.

The students’ body also said that as laudable as the Students Loan Scheme signed into law by Tinubu was, it should not be a springboard for a hike in tuition. 

NANS Coordinator, North Central Zone, Shedrack Anzaku, said this in Abuja yesterday.

He said that the association frowns at the development where a lot of public tertiary institutions have decided to increase school fees without considering the hardship and difficulties Nigerians are going through.

Electricity Distribution Companies (DisCos) have told the Nigerian Electricity Regulatory Commission (NERC) that tariffs increase will become inevitable should the Nigerian Bulk Electricity Trading Company Plc (NBET) be allowed to increase its price by 30 per cent.

The NBET’s main responsibility is the management of existing power purchase agreements (PPA) and new procurement of power in the electricity chain.

The planned increase in price by NBET was the elephant in the room at a four-day stakeholders meeting among the NERC, top management teams of the 11 DisCos, NBET, Electricity Generation Companies (GenCos) and Transmission Company of Nigeria (TCN),  which ended yesterday in Lagos.

Sources at the meeting told The Nation that NBET’s proposition was based on the floating of the naira.

It was learnt that before the unification of foreign exchange markets, NBET sold power to DisCos souring forex at N446 in the then official rate controlled by the Central Bank of Nigeria (CBN).  The naira is currently exchanging for between N740 and N770 to one dollar.

The sources added that the DisCos had informed  NERC that if NBET implements the  30 percent increase, would not be able to sustain their businesses unless there is increased tariffs.

 “The DisCos are insisting that the 30 percent proposed increase by NBET is too much. At this rate, paying NBET for the power sold to us will be very challenging. If we get it (Power) from NBET at 30 percent increase, then how much do we sell to the consumer, and how do we pay NBET?”  

Although, the meeting ended yesterday, the NERC did not release any statement on the outcome.

• •President asks lawmakers’ to approve N500b palliatives cash

I understand the suffering the people are going through as a result of the removal of petrol subsidy and will soon remedy it, President Bola Ahmed Tinubu assured Nigerians yesterday.

He requested the National Assembly to approve N500 billion as palliatives in a letter to the two chambers.

The President also emphasised that electricity supply will receive a huge boost, assuring that his policies are geared towards revamping the economy in the interest of all Nigerians.

He spoke at Aso Villa in Abuja during a meeting with the class of 1999 governors, of which he is a member.

Eighteen of the former governors, led by Lucky Igbinedion (Edo), visited the President to pledge their support for his administration. Among the 36 governors of the 1999 class, only 26 of them are alive, according to Igbinedion.

Tinubu said: “I understand that our people are suffering; yet, there can be no childbirth without pain. The joy of childbirth is the relief that comes after the pain. 

“Nigeria is reborn already with fuel subsidy removal. It is a rebirth of the country for the largest number over a few smugglers. Please, tell the people to be a little patient. 

“We served as governors and sat in this Council Chamber. All I wanted was democracy and the salvation of the country. I never thought I was going to be here as President, but God Almighty has brought me.

“My commitment to that democratic value is unwavering. I am overwhelmed and honoured by the number of you here,

“I have an open-door policy. You are my advisers. We went into the pond and wrestled with a pig. We got dirty and cleaned up. That is why I am here today.”

President Tinubu noted that the country will not make meaningful progress without fixing electricity, assuring that his administration will harness gas resources, and explore every opportunity to ensure stable power generation and supply.

On security, the President who had earlier met with Governor Babagana Zulum of Borno State to review the situation in the Northeast, appealed to Nigerians, especially Plateau State, to sheath their swords and use dialogue in resolving conflicts, adding that issues of borders were man-made, not created by God.

“We will do everything possible to stabilise the country,” he added.

The former governors urged the President to pursue his vision for a greater Nigeria with vigour, steadfastness, and resilience, trusting their support for development policies, and promising to provide the necessary social structure for actualisation.

“We are here with you. We are your foot soldiers, and you can tap into our experience. You are a person who believes in Nigeria. With your good leadership, Nigeria will take its place”, Igbinedion said.

Speaking to reporters after the meeting, Igbinedion said: “We came to congratulate Mr President and also to thank him for making one of us the Secretary to Government. 

Read Also: Tinubu’s removal of subsidy shocked oil cartel – Ardo

“We came to assure him that he has our full support and prayers for the bold steps he has started to take, for his initiatives and also let him know that this is beyond party politics.

“We’re now talking about Project Nigeria, therefore all hands must be on deck to give Mr President the needed support and encouragement to foster a better nation.

“We also seized the opportunity to congratulate him as the new Chairman of the ECOWAS and assure him that we’re with him and anytime he wants to dig into the wealth of experience of these very prominent and well-founded members of Class of ’99, he should rest assured that we’ll continue to give him the necessary support.

“Therefore, Nigerians should wait patiently and believe in him, that he’s going to come up with palliatives that will put smiles on the faces of every one of us in Nigeria

“So, we believe him and we want to encourage you also to give him the necessary support through the media and give correct information to the general populace so that we’ll have a greater nation,” he said.

Igbinedion said the group had discussions on other national issues, ranging from security to unemployment and infrastructure needs. 

“We talked about security, we talked about unemployment and we talked about electricity because without electricity, we really cannot develop. So for us to develop, there must be a constant, uninterrupted power supply. 

“The issue of subsidy is gone and it’s gone forever. People should start finding their level and I’m sure we time things will come to normal and also the unification of the exchange rate into one now, as was also mentioned. 

“So, these are just the basic issues that we raised there and Mr President, on his own, thanked us for coming en mass. You can see in 1999 we were 36, but today we’re now 26. 

“We want to assure you that even though some of us have gone to the great beyond, the majority of us are still very much alive and it is our prayer that we’ll continue to be of service to our nation, without any prejudices,” he said. 

He affirmed that they were 19 at the meeting, including President Tinubu, who was governor of Lagos State.

Also present was Secretary to the Government of the Federation (SGF), George Akume, who was governor of Benue State.

Other governors at the meeting were Niyi Adebayo (Ekiti), Orji Uzor Kalu (Abia), Sam Egwu (Ebonyi), Adamu Muazu (Bauchi), Donald Duke (Cross River), James Ibori (Delta) and Obong Victor Attah (Akwa Ibom).

Other were Chimaroke Nnamani (Enugu), Saminu Turaki (Jigawa), Adamu Aleiro (Kebbi), Olusegun Osoba (Ogun), Adebisi Akande (Osun), Joshua Dariye (Plateau), Attahiru Bafarawa (Sokoto), Ahmad Sani Yarima (Zamfara) and Rev. Jolly Nyame (Taraba State).

The G-7 leaders of Canada, France, Germany, Italy, Japan, the United Kingdom, and the United States have unveiled their next move against Russia.

The leaders, in a statement in Washington yesterday, said in the event of future Russian armed attack on Ukraine, they would provide  the Volodymyr Zelenskyy-led   government “with swift and sustained security assistance.”

“We will provide modern military equipment across land, sea and air domains, and economic assistance, to impose economic and other costs on Russia, and to consult with Ukraine on its needs as it exercises its right of self-defence enshrined in Article 51 of the UN Charter,” they said.

The leaders added that they would continue to work for a free, independent, democratic, and sovereign Ukraine.

“We affirm that the security of Ukraine is integral to the security of the Euro-Atlantic region.

Read Also: Wagner group completely funded by Russian state, says Putin

“We consider Russia’s illegal and unprovoked invasion of Ukraine to be a threat to international peace and security, a flagrant violation of international law, including the UN Charter, and incompatible with our security interests. We will stand with Ukraine as it defends itself against Russian aggression, for as long as it takes.

“We stand united in our enduring support for Ukraine, rooted in our shared democratic values and interests, above all, respect for the UN Charter and the principles of territorial integrity and sovereignty. “

“Today, we are launching negotiations with Ukraine to formalise — through bilateral security commitments and arrangements aligned with this multilateral framework, in accordance with our respective legal and constitutional requirements — our enduring support to Ukraine as it defends its sovereignty and territorial integrity, rebuilds its economy, protects its citizens, and pursues integration into the Euro-Atlantic community. We will direct our teams to begin these discussions immediately,” the leaders said.

They also vowed to work with Ukraine on bilateral, long-term security commitments and arrangements to ensure a sustainable force capable of defending Ukraine and deterring Russian aggression.