The Nation Newspaper

Tag: POWER

  • Mobil cedes 540Mw plant to Qua Iboe power

    Mobil Producing Nigeria Limited (MPN) has reached commercial terms with Qua Iboe Power Plant Limited (QIPPL) for the transfer of ownership of the Qua Iboe power project and   gas supply from the NNPC/MPN Joint Venture (JV) offshore facilities to the power plant.

    MPN is the operator of Nigerian National Petroleum Corporation (NNPC)/MPN JV.

    The General Manager, Public and Government Affairs, MPN, Paul Arinze, said QIPPL is a joint venture between Black Rhino, a wholly owned subsidiary of Blackstone Group and NNPC. The transfer includes the ownership and financing of a gas-fired power plant and a 58-kilometre transmission line.

    He said the NNPC/MPN JV will retain its responsibility to fund and build the 53-kilometre offshore pipeline and platform modifications needed to supply gas to the power plant.

    The Chairman and Managing Director of MPN, Paul McGrath, said: “This milestone is a key enabler for the project, which will contribute 540 megawatts (Mw) to the national grid when completed.

    “This further demonstrates our commitment to support the Nigerian government’s priority of providing electricity to the country and maximising the economic and social benefits of a reformed power sector.”

    “We have partnered with a uniquely qualified participant that has demonstrated a strong interest in ensuring the success of the Qua Iboe power project. All stakeholders are continuing to work expeditiously to conclude the necessary agreements for a final investment decision.”

    The Group Managing Director of NNPC, Dr. Maikanti Baru, expressed  satisfaction with the development.

    He said: “The Nigerian National Petroleum Corporation is pleased that we have hit this major milestone on the road towards the realisation of the government’s power generation objectives. We will continue to work with MPN, QIPPL, Black Rhino and other stakeholders to ensure a successful and timely execution of the project.”

    Mobil Producing Nigeria has operated in Akwa Ibom State for more than 50 years and remains committed to delivering sustainable and long-term benefits to the communities and government of the state.

    The Minister of Power, Works and Housing, Mr. Babatunde Fashola, at power purchase agreement (PPA) signing ceremony between Qua Iboe Independent Power Plant Limited and Nigerian Bulk Electricity Trading Plc (NBET) held in Abuja, said the event was a milestone that is consistent with the Federal Government’s Roadmap on Power and Economic Recovery and Growth Plan (ERGP).

  • Power can’t be fixed without mining sector collaboration, says Fashola

    Power can’t be fixed without mining sector collaboration, says Fashola

    Power sector problems cannot be fixed without the collaborative efforts of the mining sector, the Minister of Power, Works and Housing, Mr. Babatunde Fashola, has said.

    He stated this during the just-concluded 2nd Annual Nigeria Mining Week in Abuja. Fashola agreed that there was very little the power sector could achieve without mining. He said: “As the power sector rolls out transmission stations and installs transformers, all these are operational inputs of the mining industry.”

    ‘’If the Works ministry is constructing a road, clearly it is a joint effort of the mining sector. It is impossible to have coal power without coal mining,’’ he maintained.

    Fashola said it was a welcome development to pursue cleaner energy which is the best to happen to human civilisation today. According to him, we move from firewood to coal, to petroleum, to gas and now we are going to much more renewable energy.

    He noted that the pursuit of cleaner energy now has been heightened because of the need to reduce carbon emissions and the desire for more- efficient energy for improved wealth and industrialisation.

    He stated that the country’s energy mix compelled the power ministry to build energy security ‘’so that we are less dependent on any particular source of energy. Because we have the ability to produce energy from coal, as we do from solar, gas, from hydro, we are pursuing and supporting a private sector investment initiative, which has gained some momentum. They are now close to being licensed, close to s.”

    He said it was not unusual to hear that Power, Works and Housing got the lion share in the 2016 budget followed by transportation to build the rail, but argued that the money was not solely utilised by the power, works and housing.

    According to him, the money actually went to the miners because the works ministry ‘’cannot build any of the roads without granite, sand, laterite, cement, limestone, or without bitumen. These take the money.

    “The problem simply is that we cannot budget the money for solid minerals, so we budget it for power, works and housing, and Transportation, with a very clear mandate go and give it to the miners,” he maintained.

    Fashola, who revealed he was on a mission to tell the miners that the Federal Government had raised N100 billion for road construction, insisted the money would not stay long with the power, works and housing ministry. It would soon be passed on to the true owners, including those who own the quarry and the mining sites, he stated, and urged them to be ready for work because money was coming their way.

    He said  for almost a decade, the country had spent just about 15 per cent of what it earned on infrastructure, adding that a government that spends less on construction cannot create opportunities.

    Identifying reasons why the country was able to swim out of the recession, Fashola said the present administration had in the 2016 budget doubled this number, adding that at the end of the budget year which ended in May, 2017, the government had spent N1.2 trillion, the first time that amount of money was spent for a long time only on capital budget.

    “The numbers published by the Nigeria Bureau of Statistics (NBS) had clearly showed where the money ended up. The solid minerals had had nine consecutive negative quarter growth since 2014 but by the end of quarter two of  2017, it has come out of negative growth for the first time,” he said.

    In quarter one of 2017, limestone, granite, and sand constituted 90 per cent of the mining activities that took place in the mining industry. The other minerals accounted for 10 per cent, he said, adding that construction industry, which had been in negative growth, started picking up as a result of the implementation of that budget.

    He also noted there was growth in the basic metals, iron and steel industry during the period, urging the people to visit the mining sites and see for themselves what is happening there. According to him, the government has started preparing to collect data with the disbursement of the sum of money and to undertake a very granular observation of the impact of the fund in their sector over the period the money would be disbursed.

    “We already have the infrastructure master plan, so we are not reinventing the will, we know where the infrastructure needs life and we know where the goods and services needed to be moved to. We already have these all mapped out and so slowly but surely as Nigeria earns more money, as we can borrow more, with the clear plan to provide the transportation, good network and structure that allows you to do your business in a very effective, efficient and competitive way,” he said.

    He reassured commitment by the present government to reorganise, reinvigorate and reposition the mining industry in Nigeria, adding that illegal mining has been reduced by government policies and actions.

    “It is an ongoing engagement, the collaboration between stakeholders and states, Federal and local governments are being worked upon through the establishment of national council,” he said.

    He praised the ministry of solid minerals, saying it had done a very good job in so short a time in getting the conversation going.

    Fashola said restructuring was happening in the way the ministry is, engaging with the local communities and state governments in spite of a very clear exclusive powers that they have in the constitution.

  • FG to open privatised power sector to new investment process – Minister

    FG to open privatised power sector to new investment process – Minister

    The Federal Government  says  the  privatised power sector  will open up for new investment process to enable  new investors invest  further  in the development of the sector.

    The Minister of State for National Planning, Mrs Zainab Ahmed, said this in Abuja.

    Ahmed said the plan by government became necessary given the challenges in the sector.

    “The power sector has been privatised, but I am sure that every Nigerian will testify that the privatisation has not worked out well.

    “What we set to achieve  in terms of the development of the power sector  has not yet happened.

    “We have now come to a point where  government, which is a share holder in power sector, and the investors  must come together and decide  to cede some of their holdings  to the fresh investors .

    “The ceding of the holding to the fresh investors will enable them to inject new funds and new expertise to enable us to grow the power sector the way that will serve Nigerians.

    She said the process would  involve  government negotiating with the existing owners  and  deciding  the right  level of holding that would go for another round of sale.

    She said that the opening of the power sector would also entail  the review of  tariff “to the extent that we said that the power sector will be opened up to a new investments process.

    “It is very clear that no new investor will be  coming without  having a satisfaction of the level of tariff that will  be attained in the industry.

    “That will be a discussion that will be heard with the new investors; it is very clear to us that the level of tariff that we have now is not sustainable.

    “But where the tariff  will go will be a subject of negotiation between government, existing investors, the new investors and the consumers; so we try to attain  an optimal  level, but there will be an impact on  the tariff.“

    She, however, said that the starting point for the review of the entire process would be  the Distribution Companies ( DISCOs ), adding that distribution of electricity was most pressing.

    On government borrowing, she said that government did not go and borrow at 21 or 22 per cent.

    According to her, the market actually  determines  the  point  of  government borrowing .

    “The point we are making is that because the government is borrowing heavily, the financial sector is now concentrating on borrowing to government,  and the private sector gets little or no attention.

    “So government must reduce its level of domestic borrowing  to free the space so that the financial sector is able to borrow to the  private   sector.

    NAN

  • TCN, Japan to build new power projects

    TCN, Japan to build new power projects

    •’Transmission not weakest link in power supply chain’

    The Transmission Company of Nigeria (TCN) is collaborating with the Japanese Government to build transmission facilities in the country, The Nation has learnt.

    The Japanese Government is specifically targeting Lagos for such investment.

    TCN’s Acting Managing Director/Chief Executive, Usman Gur Mohammed, told The Nation in Lagos that the firm wants to double the transmission capacity and would be doing that from one part of the country to the other.

    Muhammed said the TCN would put significant transmission capacity between Lagos and Ogun states and was collaborating with these states governments to actualise that.

    According to him, the transmission firm wants to double the transmission capacity or put additional 50 per cent of the existing capacity.

    He noted that the Japanese Government was looking at building new and rehabilitating dysfunctional substations in Lagos.

    The TCN chief said: “The TCN is doing a lot in recent times, especially under this government because of the kind of support that we are getting. Recently, we did advert on transmission capacity in Lagos.

    “In every substation in Lagos, we are putting almost half of the capacity that is there. We are doubling the capacity.

    “We are working in collaboration with some other multilateral donors, such as the Japanese government to build some of the substations. For example, Apapa has been taken over by the Japanese government. They are looking at Ojo and Isolo. Those two places will be rehabilitated by the Japanese Government.

    “Generally, Lagos State is very important to TCN and it is working hard to ensure it puts enough transmission capacity there to be able to meet the needs of the electricity distribution companies in Lagos.”

    On the claims that transmission is the weakest link in the power supply value chain, Mohammed said this was  not true as transmission is ahead of generation and distribution links of the chain.

    He said: “Whoever says TCN is the weakest link in the power supply value chain is ignorant of the sector. Transmission is not the weakest link in the chain. Our capacity is higher than all the other arms of the industry. We also have plans to expand the capacity of the transmission more than any other arm of the sector. So, we are always ahead of them and will continue to be ahead of them.”

    The Minister of Power, Works and Housing, Mr. Babatunde Fashola, confirmed what Mohammed said. Fashola said the TCN has capacity to wheel over 6,000 megawatts (Mw) of power.

    “Today, we have more power available to go on the grid over 6000Mw because generation and transmission have improved. The capacities are above what the distribution companies (DisCos) can carry. So, they have to play catch up,” the Minister added.

  • Sterling & Wilson to open power solutions showroom in Lagos

    Sterling & Wilson Pvt Ltd is to official open its power solutions showroom and office premises in Lagos on Saturday.

    The firm, which was established in 1927 and headquartered in Mumbai, India, is a global power solution provider in diesel, gas and solar power with  offices in 16 countries around the world. Sterling & Wilson Nigeria Ltd, has been offering power solutions through its diesel and gas power range of products along with MEP services (Mechanical Electrical and Plumbing) since 2011.

    The showroom is designed to further launch the company into the Nigerian market and consolidate its market leadership position in Asia, the Middle-East and Africa. Its Head of Powergen Business for West Africa, Mr. Bipin Moye said: “The showroom situated on Sanusi Fafunwa Street on Victoria Island, Lagos, is the first real-time power solutions showroom in Nigeria, because it offers a full range of power and allied services, including GenSet sales and services, gas power project engineering, supply and turnkey execution along with a complete range of MEP solutions, with availability of expertise of highly trained professionals.”

    “Our-soon-to-be-opened showroom will display the full range of ‘Sterling Generators’ branded diesel generators. It will also offer the opportunity of cutting edge service, repairs and factory warranty management backed by the availability of experienced and well trained technical service staff, making this a great option for power consumers such as construction/project sites facilities managers, manufacturers, schools, businesses offices, and other stakeholders.”

    Moye explained that Sterling and Wilson generating sets are built for reliability and designed with compactness and durability in mind and available from 9kVA to 3000 kVA; these new Perkins powered diesel generator sets are built to world-class standards, for high efficiency, low fuel consumption and global emissions compliance and come in a range of options to match your power needs, making the process of choice and installation really simple.

  • APC ‘ll sack PDP from power in Ekiti, says Olumilua

    APC ‘ll sack PDP from power in Ekiti, says Olumilua

    An All Progressives Congress (APC) governorship aspirant in Ekiti State, Mr. Muyiwa Olumilua, has expressed confidence that his party will regain the governorship seat which it lost in the 2014 election.

    Olumilua, who spoke at the weekend at Ikere-Ekiti, predicted that Governor Ayo Fayose and his “anointed” deputy governor, Prof. Kolapo Olusola, will suffer a “crushing defeat” in the 2018 governorship poll.

    He said the 2018 governorship poll has presented the APC with a “very bright chance” of sacking the Peoples Democratic Party (PDP) from power, following alleged poor performance and hardship visited on the electorate by what he called the state’s ruling party’s “anti-people policies”.

    Olumilua, who also expressed confidence that he would get APC’s governorship ticket at its primary, said he had designed an Eight-Point Agenda to turn around the fortunes of the state and bring about a better standard of living for the people.

    The aspirant said the Eight-Point Agenda encompasses Development and Empowerment of the Youth, Development of Rural and Urban Areas Infrastructure, Education Sector Resuscitation and Advancement, Agriculture and Agro-Allied Industry and Maternal and General Healthcare.

    The rest, he said, are: Bridging the Gender Gap, Innovation, Information and Communication Technology (ICT) and Growth in Technical Skills and Artisans’ Development.

  • Power generation rises to 6619mw

    Power generation rises to 6619mw

    Power, Works and Housing Minister Babatunde Fashola has presented the power sector’s scorecard for two years. Fashola, who was in Lagos for The Guardian Power Summit and other activities in the sector, said the President Muhammadu Buhari-led government has recorded many successes in the sector. EMEKA UGWUANYI reports.

    The Minister of  Power, Works and Housing, Babatunde Fashola, has presented the Federal Government’s scorecard on the power sector for the past two years.

    He said power generation increased from 2690 megawatts (mw), which the government met in 2015, to 6619mw.

    According to him, the growth is not limited to generation, but to all other arms, such as transmission and distribution, noting that the government was focusing on the distribution arm.

    He said the growth didn’t come by chance but that it was planned. He cited the Power Sector Recovery Programme as one of such plans.

    Through the programme, he said, the government has completed the rehabilitation of the 240mw Afam Power Plant; the 10mw Katsina Wind Farm, the 29mw Dadin Kowa Hydro Plant, 30mw Gurara Hydro Plant, the 40mw Kashimbilla Hydro Power Plant, the 215mw Kaduna Plant, Zungeru’s 700mw Hydro Plant and the Mambilla 3050mw Hydro Plant, which was just approved for award. Also, the government would soon complete several transmission projects across the country, and the first phase of nine federal universities out of the 37, he said.

    Fashola delivered the keynote address at The Guardian power summit entitled: Beyond rhetoric: Turning Nigeria’s power sector value chain potentials to profit.

    At the summit, held at Four Points by Sheraton, Lagos, he said: “When the President Muhammadu Buhari Buhari-led government was inaugurated on May 29, 2015, the amount of power available on the grid on that day was 2690 megawatts (mw).  The transmission capacity was around 5000mw and was then infamously described as the weakest link. The distribution capacity existing at around 750 33/kv trading points, from where power is received by the DisCos and sent to us, was about 4000mw.

    “Clearly, the power being generated at 2690mw was not up to the transmission capacity of 5000mw and was insufficient to fully optimise the distribution capacity of 4000mw.

    “Within a few months after President Buhari’s assumption of office, power improved and we all acknowledged it. We credited it to the President’s ‘body language.’But the truth was that it had little to do with body language, and more to do with a sense of purpose that people sat up and began to do what ought to be done.

    “In addition, the rains were upon us in July  to September 2015. There was gas supply, which allowed the thermal plants to produce power. Therefore, from Hydro and Thermal sources we reached an all-time peak power production of 5,074mw before the damage to the pipelines started and we started losing power.

    “We cannot damage power and gas assets and still expect them to provide service to us. It does not make sense. Instead of rhetoric, this government set to work.Government engaged the aggrieved communities where the attacks were taking place to restore peace, repaired the damaged gas pipelines and gradually restored gas supply.

    “Government also launched an economic recovery and growth plan which made power supply one of five critical pillars, and as well launched a Power Sector Recovery Programme to work out and implement policies and actions such as constituting the regulatory commission, the Nigerian Electricity Regulatory Commission (NERC); except the chairman, now awaiting the confirmation of Senate and the Rural Electrification Agency (REA) to champion solar power development and rural electricity  deployment and access.

    “Others include payment of debts to specific distribution companies (DisCos), and verification of debts to all others. Payment assurance guarantee scheme of N701 billion to give confidence to generation companies (GenCos), gas suppliers and their financiers to let them know that we mean business.

    “The government created the ‘Declaration of eligible customers, to encourage people to invest in building and expanding distribution assets, development of mini grid regulations to encourage individuals and communities to build their own mini power generation and distribution facilities, and award of contracts to complete and expand transmission facilities and building new ones across the country.”

    The minister said the policies and actions were beyond rhetorics.They are well-thought out decisions, consistent with law and informed by a diagnosis of the problems in the sector that have produced a clear set of solutions to deliver incremental power, he said.

    “The result is that as at September 4, the available power that can be put on the grid was 6619Mw, the incremental power we sought to achieve from 2069mw in 2015); the transmission capacity was simulated at 6,700mw up from 5,000mw in 2015but the distribution capacity was 4,600mw, which was what was put on the grid.On September 12, 2017, production of power reached an all-time level of 7,001mw,” he added.

    To buttress the claims, Fashola, who also spoke at the inauguration of a mobile transformer at the Eko Distribution Company at Akangba Transmission, said the figures underscored the progress made by the government. He noted the Gross Domestic Product (GDP) growth results released by the National Bureau of Statistics (NBS), announcing Nigeria’s exit from recession. NBS had said: “Electricity production as well as financial services and construction also grew strongly…

    “Other sectors that did very well in the second quarter 2017 include electricity and gas and financial institutions, with electricity and gas growing by 35.5 per cent.”

    The Minister said because we produced more power, we could distribute, but this did not mean that we have enough yet. It meant that policies were working, but all the problems were not resolved, he said. ‘’We must continue the Power Sector Recovery Programme to impact the distribution end of the value chain so that we distribute and sell everything that we produce as an incentive to more power production and supply,’’ he added.

    He noted that a chunk of the power generation came from the thermal plans as output from the hydro plants, including Jebba, Kainji and Shiroro by September 4, was about 1,000 mw. He said the improvement in supply was not as a result of the rains, which boosted production from hydro plants.

    At the inauguration of the 60MVA Mobile transformers at Ajah 330/132/33kv transmission substation in Lagos, he said lack of maintenance of equipment had resulted in the shutting of many transmission substations.

    “Substations do shut down suddenly and there is no part available to replace faulty or damaged equipment, so, we need to know the regular part that frequently breaks down so that we can make provision for it,” he added.

  • Nigeria improves power quality to WAPP standard

    Nigeria’s power quality has improved tremendously. meeting the standard required by the West African Power Pool (WAPP), it was learnt.

    The Acting Managing Director/Chief Executive,  Transmission Company of Nigeria (TCN), Mr. Usman Gur Mohammed, said the Federal Government has worked to achieve that feat. According to him, before now, the power that comes from Nigeria was allowed to mix with power that comes to the Pool from other countries such as Ghana and Benin Republic because the frequency doesn’t meet the standard required.

    Currently, the Pool has agreed to synchronise Nigeria’s supply with supplies from other member-countries that belong to the Pool because the frequency of power supply from Nigeria is at the same level as supplies from other countries.

    The Nation learnt that supply of power to the Pool earns substantial foreign exchange (forex) for the country. With the improvement in the quality (frequency) of supply from Nigeria, which makes a good buy by any country in the pool, the forex inflow from that income stream will also improve significantly.

    Mohammed said: “I came in February and from that time to date, we have worked very hard. As at May 22, we have achieved frequency control that has not been achieved in the last 20 years. Our frequency is at the same level as the frequency you get in Ghana and other West African countries and that is why the  WAPP has asked TCN to nominate some engineers to work with WAPP engineers to synchronise the supply of Nigeria and other West African countries.

    “This has never happened; all the supplies that leave Nigeria to Benin Republic and Togo were not allowed to mix with supplies from Ghana and other West African countries. But because of the efforts we have put in place in the last few months, we have been able to stabilise the frequency such that WAPP has agreed that we should synchronise our supply and the demand for Nigeria’s power has increased in other West African countries.

    “The stability of Nigeria’s power has improved to the extent that the second Ikeja Secretariat transmission line study was launched on September 12. This is to underscore the kind of demand for Nigerian power that is taking place.

    “ The governments of Togo and Benin have requested Nigeria to build a medium backbone that will move power from Kainji to Baragu, to Northern Togo and Northern Ghana, which will meet with another transmission line being built by the Government of Ghana to Northern Ghana and to Burkina Faso.

    “This is to tell you the kind of work that we have done. We have changed the way we have been doing business. We have empowered the regional offices. Most of our projects are being implemented at the regional offices now.”

  • SANs disagree over chief judges’ power to pardon

    SANs disagree over chief judges’ power to pardon

    • Contrary to a submission by Sebastine Tar Hon, a Senior Advocate of Nigeria (SAN), that chief judges lack power to pardon prisoners undergoing trial, Femi Falana (SAN) feels otherwise
    • . The activist-lawyer says chief judges have the constitutional right to ensure that indigent prisoners are not unjustly kept behind bars.

    A Couple of days ago, Mr. S.T. Hon, SAN, questioned the constitutional validity of the administrative power of chief judges to order the release of under-trial prisoners languishing in dehumanising conditions in Nigerian prisons. I found out, to my utter dismay, that the totality of the learned senior counsel’s submission was anchored on the speculative belief that the chief judges have been performing such functions under “the respective High Court laws and High Court rules”.

    Although I drew my learned colleague’s attention to the relevant provisions of the Prison Act and the Criminal Justice (Release from custody) Act which have empowered top judicial officers, including the Chief Justice of Nigeria (CJN) and chief judges to conduct prison visits and order  “the release  of any prison inmate if satisfied that the detention  of that person is manifestly unlawful; or that the  person detained has been in custody, whether on remand or otherwise, for a period longer than the maximum period of imprisonment which the person detained could have served had he been convicted of the offence in respect of which he was detained” he did not change his position.

    In fact, in his curious rejoinder to my intervention in the needless debate Mr. Hon SAN did not pay any attention to both laws as he insisted that his shaky submission on the matter was unassailable. In questioning the administrative release of prison inmates he accused the chief judges of usurping the powers of the president and state governors by granting pardon to persons concerned with criminal offences.  Thus, I am compelled to reiterate that the prisoners released by chief judges have not been pardoned but merely released from illegal prison custody. To that extent, such prisoners may be rearrested and prosecuted by the government. But a convict pardoned by the president or a state governor is said to be a new man (novus homo), having been acquitted of all corporal penalties and forfeitures annexed to the offence. See Falae v Obasanjo (No 2) (1999) 4 NWLR (Pt 599) 476.

    Instead of relying on local and foreign authorities on the undisputed constitutional powers of the president and state governors to grant pardon to convicts and criminal suspects, Mr. Hon SAN may wish to have a look at the case of Edwin Iloegbunam & Ors v. Richard Iloegbunam & Ors (2001) 47 WRN 72 wherein the Court of Appeal had upheld the constitutional validity of the Criminal Justice (Release from Custody) (Special Provisions) Act.  In that case, the appellants were arraigned on a holding charge of attempted murder before the Magistrate’s Court, Ogidi, Anambra State on July 3, 2000. For want of jurisdiction the magistrate’s court refused the application of the appellants for bail and ordered that they be remanded in prison custody. However, before they were properly charged with murder at the High Court the Chief Judge of Anambra State visited the Onitsha Prisons and ordered that the appellants be released on bail. In making the order, the Chief Judge did not pardon the murder suspects but merely released them on bail.

    As soon as the appellants regained their freedom, the complainants in the murder case filed a motion ex parte at the Lagos judicial division of the Federal High Court and prayed that the appellants be rearrested and held in prison custody. The application was granted as prayed. Completely dissatisfied with the order, the appellants approached the Court of Appeal for the restoration of their fundamental right to personal liberty. In justifying the decision of the lower court, the respondents’ counsel, Chief Anah, SAN, questioned the constitutional validity of the Criminal Justice (Release from Custody) (Special Provisions) Act under which the Anambra Chief Judge had released the appellants on bail.

    In my submissions on behalf of the appellants, I argued that the validity of the Act could not be challenged since it was made to protect the fundamental right of prison inmates to personal liberty guaranteed by Section 35 of the Constitution. In allowing the appeal, the Court of Appeal had no hesitation in upholding the validity of the Act. In the lead judgment of the court, Oguntade Justice of the Court of Appeal (JCA) (as he then was) held that “there is power in the Chief Justice of the Federation or any of the chief judges of the states to order the release of persons detained in prison custody in the exercise of their power under Section 1(1) of the Criminal Justice (Release from Custody) (Special Provisions) Act Cap 79 Laws of the Federation of Nigeria 1990 is not in doubt. The exercise of that power by the Anambra Chief Judge would definitely constitute a different cause of action for the present respondents if they feel aggrieved by it. And an action founded on the exercise of that power which action is challenging the authority of the Chief Judge is one that should be brought before the High Court of Anambra State by virtue of Section 272 of the 1999 Constitution.”

    It may interest Mr. Hon, SAN, to know that heads of court in other jurisdictions in common law countries are applying similar laws to decongest prisons by releasing indigent prison inmates from prison custody during prison visits. In Writ Petition (Civil) No. 406/2013 in which judgment was handed down on September 16, 2014, the Supreme Court of India directed magistrates and session judges to visit prisons in their districts for two months to identify and release under-trial prisoners who had already been held in custody for half of the maximum period prescribed by law for the offences for which they were charged.

    The court however pointed out that the order did not apply to under-trial prisoners whose offences attract death penalty. Since not less than 66 per cent of inmates were awaiting trial in the various courts across the country, Chief Justice R. M. Lodha, noted that “there are people who cannot take bail. There is nobody for them. They languish in jails because courts are not enabled to take their cases.”

    The progressive verdict of the Supreme Court of India has reverberated throughout common law countries and has strengthened the campaign for prison decongestion. In March this year, the Chief Justice of Pakistan, Justice Ahmed Sheikh, visited the Malir district prison. Based on the complaints of several prison inmates, the Chief Justice met with the Inspector-           General of Prisons for the District, Mr. Nusrat Manghan. Following the directive of the Chief Justice, the prison management announced a remission of 60 days to the entitled jail inmates apart from those convicted for espionage, subversion, terrorism and murder. Just last month, the Principal Judge of the High Court of Uganda, Justice Yorokamu Bamwine, directed all High Court judges and magistrates to release all prisoners who have overstayed on remand without trial. His lordship lamented that on his countrywide tours to prisons, he met many prisoners who have stayed on remand beyond the statutory period. He said Article 23 of the Constitution demands that untried persons remanded on non-capital offences, should be released on mandatory bail after three months in jail. In justifying the directive, Justice Bamwine said that his directive was intended to protect liberties of suspects as provided for in the Constitution and that one way of ensuring compliance is through routine visits to prisons to ascertain the numbers and conditions in prisons and routine meetings with all judicial officers and court staff, among the best practices.”

    From the foregoing, our chief judges are on terra firma in exercising their powers under the Criminal Justice (Release from Custody) (Special Provisions) Act in ordering the release of under trial prisoners during prison visits. Apart  from the decision of the Court  of Appeal in the case of Iloegbunam v Iloegbunam supra which has upheld the validity of the Act, Section 8 of the Administration of Criminal Justice Act, 2015, has imposed a duty on chief judges to appoint High Court judges and magistrates to visit detention centres once a month with a view to ensuring that the indigent under-trial prisoners are not detained without legal justification in line with paragraph 55 of the United Nations (UN) Rules for the Treatment of Prisoners adopted by Nigeria.

  • Gencos yet to access N701b power loan – Ogaji

    Gencos yet to access N701b power loan – Ogaji

    • Generating firms record N893b revenue shortfall

    The Electricity Generation Companies otherwise known as (GenCos) are yet to access the power sector N701billion assurance guarantee funds, owing to their inability to meet the Federal Government conditions for it, it was learnt on Monday. 

    The Executive Secretary, Association of Power Generation Companies (APGC), Mrs. Joy Ogaji told The Nation in her Abuja office that the Central Bank of Nigeria (CBN) has put a snag of about 10 conditions precedent to accessing the funds which none of the the power generating firms had met. 

    She said that: “Well, to the best of my knowledge, the fund has not been accessed, and as at today (Monday) this morning, they have not yet met the conditions, we call it conditions precedents (CPs) which the CBN gave them to meet. 

    “They are about 10 CPs and they have not met them. And until they meet them, CBN said they cannot release the money.”

    The Minister of Power Works and Housing, Babatunde Fashola had on August 14, in the last power sector meeting in Kano State announced that some of the policies, programmees, actions which have started taking effect include payment of assurance guarantee of N701 billion.

    But Ogaji noted that the federal government placed the conditions after conducting its due diligence prior to the approval of the Federal Executive Council (FEC).

    Responding to the Minister of Power Works and Housing, Babatunde Fashola’s announcement that any GenCo could invest in meeting, she said the most important thing is to put the right framework for the investors to recoup their money. 

    According to her, from  2013 that the GenCos took over the companies to September 2017, they have recorded a cumulative shortfall from N893billion.

    She explained that “the GenCos have a lot of money at stake in the sector. From 2013 to 2016, were are being owed over N650billion . Then January this year to September if you check an invoice shortfall of about N27billion, you know exactly how much we are owed.”

    Ogaji said that gas is not a major challenge to power generation at the moment, adding that most of the stations have gas waiting to generate power but the transmission networks are too weak to take extra power. 

    The Nigerian Electricity Regulatory Commission (NERC), according to her, has just invited the GenCos to a consultative forum on eligible customers that would hold in the six geo-political zones starting on Wednesday in Lagos.  

    All the GenCos have cordial relationships with their host communities where the plants are sited. However, once we are in the raining seasons the hydros have overflowing dams and because the network is preventing them from generating to optimum capacity there is a possibility of water spillage which will affect the communities . I am aware of some communities complaining that the spillage is affecting them. As you know flood is been around everywhere not only in Nigeria. So, the government needs to focus more in the network so that we can generate at optimum capacity and prevent such spillages. There is a community close to Kainji but I don’t know the name.”