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Tag: NERC

  • NERC, CPC sign MoU on metering

    The Nigerian Electricity Regulatory Commission (NERC) and the Consumer Protection Council (CPC) on Tuesday signed a Memorandum of Understanding (MoU) to ensure that consumers get meters as prescribed in the service agreement between the electricity distribution companies (DISCOs) and the Bureau of Public Enterprises (BPE).

    The Acting Chairman of NERC, Dr. Anthony Akah, regretted that gas pipeline vandalisation was on the increase and called for stiffer measures to check the menace.

    The two agencies are also expected to work closely with consumers to ensure that those who volunteered to pay for meters under the Credit Advance Payment Metering Implementation (CAPMI) scheme get their meters within 60 days or should not be billed until meters are provided.

    Akah said: “It is our believe that with this collaboration with the Consumer Protection Council, complaints that may arise in the course of the implementation of the good tariff and other electricity consumers related ones would be effectively managed and addressed in line with the commission’s redress mechanism. The CPC has a member in each of NERC’s consumer forums located nationwide. We intend to intensify enforcement of consumer protection regulations on metering, billing and the perennial complaints of estimated customers. There shall also be concerted efforts aimed at greatly reducing the incidence of estimated billing and eventually eliminating them completely.

    “The increasing incidents of vandalisation of electricity infrastructure, stealing of electricity cables and hostility to operators are also issues we hope to jointly address.”

    The NERC chief assured that the commission would ensure strict adherence to the meter roll-out plan of DISCOs as spelt out in their performance agreements and mandate the DISCOs to publish the schedules of deployment for monitoring by all electricity consumers.

     

  • Judge renews order barring electricity tariff hike

    Judge renews order barring electricity tariff hike

    •Warns NERC, DISCOs against contempt

    Justice Mohammed Idris of the Federal High Court in Lagos on Monday renewed the order barring the Nigerian Electricity Regulatory Commission (NERC) from increasing electricity tariff.

    He said the order that parties maintain status quo ante bellum subsists.

    “The order that the parties in this suit should maintain the status quo ante bellum remains valid and binding until it is set aside by a court of competent jurisdiction,” Justice Idris held.

    He spoke while delivering ruling on a contempt proceedings initiated by activist-lawyer, Toluwani Adebiyi, against NERC chairman and Chief Executives of Distribution Companies (DISCOs).

    Justice Idris first made the order last May, but while the suit was pending, NERC announced the tariff hike.

    NERC’s lawyer, Chief Anthony Idigbe (SAN), and others said they were not personally served with the Form 48 (notice of consequence of disobedience of court order).

    Ruling, Justice Idris agreed with the respondents and held that Adebiyi issued Form 49 (a formal application for committal to prison of a person who refuses to obey an order) without properly serving the alleged contemnors with the Form 48.

    He said: “It is clear, in this case, that the purported issuance of the Form 49 on the defendants by the plaintiff without prior and proper service of the Form 48 is premature.

    “The issuance of Form 49 when the court is yet to hear and determine the application of the plaintiff for leave to serve Form 48 is also inappropriate.

    “In the circumstances, I hold that the defendants’ objections have merit. The Form 49 and the motion for order for committal issued by the plaintiff against the defendants are hereby set aside. The court has set aside the contempt application due to fundamental procedural irregularities.”

    Justice Idris, however, said NERC and the DISCOs are still liable to be held in contempt should they continue to violate the order.

  • Electricity tariff: Court refuses NERC’s bid to halt case

    Electricity tariff: Court refuses NERC’s bid to halt case

    • Awards cost against commission

    The Federal High Court in Lagos yesterday dismissed an application by the Nigerian Electricity Regulatory Commission (NERC) seeking to stay proceedings in the suit on electricity tariff hike.

    Justice Mohammed Idris refused the motion for being unmeritorious.

    He awarded a punitive cost of N10,000 against NERC.

    Activist-lawyer Toluwani Adebiyi, who obtained an order restraining NERC from increasing tariff, initiated contempt proceedings against the commission’s chairman and chief executives of electricity distribution companies.

    He contends that the tariff increased was announced while the order made by Justice Idris was subsisting.

    NERC, through its lawyer Anthony Idigbe (SAN), prayed for a stay of proceedings pending the determination of an appeal against the order that parties maintain status quo.

    Arguing the application, Idigbe said the court should defer to the Court of Appeal.

    But, Adebiyi said there was no evidence that NERC filed an appeal. He urged the court to hold the defendants in contempt.

    “As far as the application of stay of proceedings, no such proof has been entered. That application contains no appeal number.

    “It is worthless, of no substance, dead and incurably defective,” Adebiyi argued.

    Dismissing the application, Justice Idris held that contrary NERC’s claims, there was no indication that the appeal has been listed for hearing at the Appeal Court.

    “It is clear that the applicant has an application before the court seeking for an extension of time to compile and transmit its record at the Appeal Court.

    “There is also another motion for leave to rely on the same record of appeal in the present appeal.

    “However, there is no indication that the application has been listed on the cause list or that it had been heard or adjourned for hearing.

    “In the circumstance, this court cannot grant a stay of proceedings on an incompetent appeal which is awaiting regularisation at the Appeal Court,” the judge said.

    Justice Idris, therefore, held: “This application lacks merit and is hereby dismissed.”

    After the ruling, there were arguments as to which pending application should be taken next.

    Adebiyi insisted that the ruling has cleared the way for the hearing of his motion for contempt.

    Justice Idris adjourned till February 29 for ruling.

  • Electricity tariff: Court refuses NERC’s bid to halt case

    The Federal High Court in Lagos on Monday dismissed an application by the Nigerian Electricity Regulatory Commission (NERC), seeking to stay proceedings in the suit on electricity tariff hike.

    Justice Mohammed Idris refused the motion for being unmeritorious.

    He awarded a punitive cost of N10,000 against NERC.

    Activist-lawyer Toluwani Adebiyi, who obtained an order restraining NERC from increasing tariff, initiated contempt proceedings against the commission’s chairman and chief executives of electricity distribution companies.

    He contends that the tariff increased was announced while the order made by Justice Idris was subsisting.

    NERC, through its lawyer, Anthony Idigbe (SAN), prayed for a stay of proceedings pending the determination of an appeal against the order that parties maintain status quo.

    Arguing the application, Idigbe said the court should defer to the Court of Appeal.

    But, Adebiyi said there was no evidence that NERC filed an appeal. He urged the court to hold the defendants in contempt.

    “As far as the application of stay of proceedings, no such proof has been entered. That application contains no appeal number.

    “It is worthless, of no substance, dead and incurably defective,” Adebiyi argued.

    Dismissing the application, Justice Idris held that contrary to NERC’s claims, there was no indication that the appeal has been listed for hearing at the Appeal Court.

    “It is clear that the applicant has an application before the court seeking for an extension of time to compile and transmit its record at the Appeal Court.

    “There is also another motion for leave to rely on the same record of appeal in the present appeal.

    “However, there is no indication that the application has been listed on the cause list or that it had been heard or adjourned for hearing.

    “In the circumstance, this court cannot grant a stay of proceedings on an incompetent appeal which is awaiting regularisation at the Appeal Court,” the judge said.

     

  • Tariff: Court rules on NERC’s stay of execution today

    Tariff: Court rules on NERC’s stay of execution today

    THE Federal High Court in Lagos will, today, decide whether to grant a stay of execution or wait for the outcome of an appeal on the upward review of tariff by the Nigeria Electricity Regulatory Commission (NERC).

    Justice Mohammed Idris set the date last Friday after arguments from NERC’s lawyer Chief Anthony Idigbe (SAN) and activist-lawyer Toluwani Adebiyi on whether the application for a stay should take precedence over a contempt charge against the electricity regulator.

    Last year, Adebiyi filed a suit seeking a perpetual injunction restraining NERC from implementing an upward review of tariff without significant improvement in power supply for at least 18 hours a day.

    Justice Idris made an order directing parties to maintain the status quo.

    But while the suit was pending, NERC announced a tariff hike.

    Adebiyi initiated contempt proceedings against NERC chairman and chiefs of the Distribution Companies (DISCOs) for disobeying court orders.

    He prayed the court to commit the alleged contemnors to prison.

    But Idigbe said he filed an appeal against the order and had an application for a stay of proceedings pending the determination of the appeal.

    He told the court on Friday that it should defer to the Court of Appeal.

    “We have raised a general issue relating to fair hearing. We urge the court to look at the grounds of the appeal to grant the stay,” Idigbe added.

    In his response, Adebiyi said there was no evidence that NERC filed an appeal. He urged the court to hold the defendants in contempt.

    “As far as the application of stay of proceedings, no such proof has been entered. That application contains no appeal number. It is worthless, of no substance, dead and incurably defective,” Adebiyi argued.

      Also yesterday, the Nigeria Labour Congress (NLC) criticised a statement credited to NERC’s ex-Chairman Dr. Sam Amadi that the National Assembly lacked the power to order a reversal of the increase in electricity tariff.

    President of Congress Comrade Ayuba Wabba, in a statement in Abuja yesterday, accused Amadi of being ignorant of the law.

    He noted that while the congress was open to any form of dialogue on the issue, it will not allow anyone to take the people for a ride.

    Wabba said it was unfortunate that Amadi only remembered  executive independence, while forgetting that there was a subsisting court order preventing NERC and the DISCOs from increasing tariff.

    He reminded Amadi that a contempt charge was hanging on the head of NERC and the discos.

    The statement reads: “The statement credited to the ex-chairman of NERC on the directive of the Senate to NERC to rescind its decision on the 45 per cent increase on electricity tariff, is treacherous, shameful and saddening.”

    “Dr. Amadi said the directive of the Senate is ‘illegal, unconstitutional and a direct encroachment on the executive independence’ and that NERC cannot suspend or rescind the decision by the previous NERC Commission…’’

  • Electricity tariff: Judge warns Government, DISCOs against disobeying court orders

    Justice Mohammed Idris of the Federal High Court in Lagos on Monday warned the Federal Government and Distribution Companies (DISCOs) against disobeying subsisting court orders on electricity tariff.

    He said the government must not act in a way that shows disdain for the court in a constitutional democracy.

    Justice Idris said: “The point must be made that obedience to the rule of law by all citizens but more particularly those who publicly take the oath of office to protect and preserve the Constitution is desideratum to good governance and respect for rule of law. ‎In a constitutional democratic society like ours, this is meant to be the norm.

    “It is an act of apostacy for government to ignore the provisions of the law and the necessary rules meant to regulate matters.

    “I must say it loud and clear that the government of this country shall be a government of laws and not of men.”

    Protests by labour unions have trailed the new power tariff approved by the Nigerian Electricity Regulatory Commission (NERC).

    Activist-lawyer Toluwani Adebiyi last year filed a suit seeking a perpetual injunction restraining NERC from implementing any upward review of electricity tariff without significant improvement in power supply for at least18 hours a day.

    Justice Idris made an order directing parties to maintain status quo.

    But, while the suit was pending, NERC announced the tariff hike.

    Adebiyi  on Monday informed the court that he has initiated contempt proceedings against NERC chairman and DISCOs’ Managing Directors for disobeying the court’s orders.

    The lawyer is praying the court to commit the alleged contemnors to prison.

    But NERC’s lawyer, Chief Anthony Idigbe (SAN), said he had filed an appeal against the order by Justice Idris.

    Idigbe said he also had a pending application for stay of proceedings pending determination of the appeal.

  • NERC backs Eko, Paras power purchase deal

    NERC backs Eko, Paras power purchase deal

    •Disco to deploy 200,000 meters this year

    The power sector regulator, Nigerian Electricity Regulatory Commission (NERC), has approved the power purchase agreement between Eko Electricity Distribution Company (DisCo) and Paras Energy Resources Limited for embedded generation supply to willing customers, effective from tomorrow.

    The cost of the embedded power will be slightly higher than the normal tariff because it is for a dedicated set of customers. Such customers may have the privilege of enjoying uninterrupted supply as long as generators are functional.

    The company also said it would deploy over 200,000 smart meters for installation for the various categories of customers in its network as the new electricity tariff has commenced.

    The Managing Director, Dr Oladele Amoda told reporters during an interactive session in Lagos that DisCos prefer metering customers to estimation billing contrary to labour unions’ belief that DisCos prefer billing customers on estimation than metering them.

    Amoda said: “We decided to show the media and the world that we have embarked on massive metering of our customers contrary to the statement of the labour unions that we prefer billing customers on estimation than metering. Eko DisCo has ordered for large quantity of meters to install for its teeming customers as directed by NERC to ensure that all customers are metered within the next five years.”

    He said the company has taken delivery of over 76,000 smart meters, while 100,000 meters are still being expected for delivery by Mojec meter manufacturing company in the next three months.

    He said: “We are trying to ensure that we install 200,000 smart meters between the second quarters and December 2016, having installed about 46,000 meters to date. We are patronising local meter manufacturers, and they have promised to meet the delivery timeframe to enable us meet our customers’ mandate.

    “We contracted our Maximum Demand (MD) meters to Atron of France because it’s for large consumers while indigenous contractor concentrate on three- phase and single phase meters. We have ordered for 7,500 MD meters but taken delivery of 3,000, while we have been promised to deliver the balance before end of the year.”

    Amoda said the new smart meters would address the challenges confronting the company, especially meter by-pass by customers, energy thieves and other related criminal activities. He said the technology in smart meters would inform the workers in the office when customers tamper with the meters, adding that every customer would be metered before the stipulated five years directed by NERC.

    “We have invested about $15 million about N3 billion on MD meters, while about N52 billion would be spent on smart metering within the next three years. Every meter is duly certified before usage, we have been with the local manufacturers for a while and they have been doing their best.

  • NERC: we’re complying with extant rules

    NERC: we’re complying with extant rules

    THE new electricity tariff order, which became operational on February 1, was carried out after wide consultation and in strict compliance with extant rules and judicial pronouncements, the Nigerian Electricity Regulatory Commission (NERC) insisted yesterday.

    NERC, which said it would restrain itself from delving into a matter already before the court, noted that has taken note of the protest by the Nigerian Labour Congress (NLC) and its allied unions.

    The commission’s Head, Public Affairs Department, Dr. Usman Abba Arabi, who said this in a statement, added that the commission was committed to act in the best interest of electricity customers and opeartors in the development of the electricity industry.

    “The tariff regulation process entails wide consultation with stakeholders. In addition, the Electric Power Sector Reform (EPSR) Act 2005 empowers any party aggrieved or dissatisfied by the decision of the commission to appeal to it within 60 days from the date of the decision. Therefore, the commission is still open to further consultation.

    “On the issue of the Court Injunction, we wish to state that the commission is a law-abiding government body with respect and regard for the judiciary and the rule of law. The commission will not contravene any court order. However, we wish to state that we must all exercise restraint to allow the court to do its duty of determining the matter before it.”

  • New electricity tariff: Lawyer asks court to charge NERC, DISCOs for contempt

    New electricity tariff: Lawyer asks court to charge NERC, DISCOs for contempt

    A human rights lawyer, Bar. Toluwani Yemi-Adebiyi has approached the Federal High Court to charge the management of the electricity distribution companies (DISCOs) and the Nigeria Electricity Regulatory Commission (NERC) for contempt of court.

    Justifying the need for the court action against the plaintiffs, Yemi-Adebiyi said the legal implication of NERC and DISCO defiance is contemptuous of the court.

    Expatiating, he said: “The power sector has illogically taken the bull by the horn by contemptuously increasing the electricity tariff, in spite of the subsisting Order of Court not to bring any Increment until the Substantive Suit is determined.”

    He also recalled that in spite of the legislative chambers insistence, that such decision should be suspended until the probe of their unfair Trade practices is concluded.

    In spite of failure to provide meters to consumers, thus giving them the room to bring outrageous estimated bill to their own gain, but to the detriment of the already exploited consumers who are not getting value for what they pay for.

    In spite of procedural irregularities at Variance with the statutory requirements for Increasing Tariff which emphasised on efficiency as a vital pre-requisite for Discos to recover full cost of its business activities.

    Raising a poser, he queried, “Is the power sector efficient? Rising and falling, dwindling and hovering around 4,000MW in spite of $20billion invested in the past 10yrs, with consumers paying for darkness and gross darkness, yet not getting value for what they are paying for.”

    Besides, he said, “Profit making by the private investors should not be at the exploitative detriment of the already exploited consumers.”

    The activist lawyer who said the plaintiffs were guilty as charged. “Form 48, Notice of disobedience of Court Order had been filed. Filing of Form 49 in Conjunction with Order 35 of the Federal High Court will follow thereafter,” he said.

    It may be recalled that Yemi-Adebiyi who had taken the NERC to court got an order by the Federal High Court in Lagos to stop it from further increasing its tariff, said the injunction granted by Justice Ibrahim Idris against any increment was subsisting and had not been discharged.

  • Fed Govt may appoint Bello NERC chief

    Fed Govt may appoint Bello NERC chief

    There are indications that the Federal Government may appoint the former Minister of Power, Alhaji Suleiman Bello as the new Chairman of the Nigerian Electricity Regulatory Commission (NERC).

    The Nation gathered that the expected appointment follows the expiration of the tenure of the former NERC Chairman, Dr Sam Amadi in December last year. It was learnt that Amadi left office since December 22, 2015 and the Commission has been without a substantive head. It was learnt that the Presidency is giving Bello high consideration for the regulator job.

    Bello is an engineer and thoroughbred professional. He was Minister of Mines, Power and Steel Development during the General Abdul salami Abubakar’s administration. When President Olusegun Obasanjo took over on May 29, 1999, he retained him as NEPA chief.

    He, however, failed to deliver on his mandate to fix the horrible power supply problems contrary to Obasanjo’s promise to transform the operations of the utility firm and provide stable power supply to Nigerians. Besides, he didn’t believe in private sector led power sector and refused to promote NEPA privatisation plan, which included changing NEPA to PHCN and unbundling it into 18 successor companies for private sector takeover, among others, he was fired and replaced with Mr. Joseph Makoju.

    Suleiman was, however, reengaged in 2008 by the late President Umaru Yar’Adua as Executive Vice-Chairman/Managing Director of the Power Holding Company of Nigeria (PHCN), but he was again fired in March, 2009 by the President for lack of performance and replaced with Hussein Labo.

    The Minister of Power then, Dr. Lanre Babalola stated that the removal of Suleiman and his two executive directors, Isiaka A. Abdul Razak (Finance and Administration) Simon Atakulu (Operations), was imperative because of the urgent need to tackle the problems of the power sector.

    Babalola in the letter, titled: “President removes Power Holding Company of Nigeria’s Executive Vice Chairman and two others,” said President Umaru Musa Yar’Adua (GCFR), has approved the removal of the Executive Vice Chairman of PHCN, Bello Suleiman, and two executive directors, Isiaka A. Abdul Razak (Finance and Administration) and  Simon Atakulu (Operations).

    “The removal of the executive directors became necessary in order for the Federal Government to achieve the goal of providing better electricity supply to Nigerians through the attainment of 6,000 megawatts (Mw) and 10,000Mw by December 2009 and 2010 respectively.

    “President has approved the appointment of Hussein Labo as the new Chief Executive, Mr. Pius Apuye as Executive Director (Finance and Administration) and Engr. John Ayodele as Executive Director (Operations),” he added.

    Suleiman had stated that he resigned his appointment as Chief Executive of PHCN because the Minister wanted to turn the headoffice of PHCN into an empty shell. “The Minister wants to make the head office just an empty shell with no operational role and I believe in a head office that will have a say and will be responsible for directing the weak network, insufficient generation, insufficient gas supply problems and above all to ensure prudent use of resources.