Tag: privatisation

  • ‘Non- completion of Alaoji, others won’t stall privatisation’

    The delay in the completion of Alaoji,Omoku and Gbarain power plants will not affect the sale of the 10 power assets under the NIPP, the  Niger Delta Power Holding Company (NDPHC) that superintends the National Integrated Power Plants (NIPPs), has said.

    The company has completed the construction of Omotoso, Egbema, Ogwode, Olorunsogo, Benin and Calabar, while Alaoji, Omoku, and Gbarain power plants are yet to be completed.

    The Bureau of Public Enterprises (BPE) has said the ongoing privatisation of the NIPP assets is being delayed by the problem of gas that had stalled the signing of the gas purchase agreements that would make the transactions bankable.

    NDPHC’s spokesman, Yakubu Lawal, told The Nation, that shortage of gas is the only problem delaying the privatisation of the plants. He said that non-completion of the three plants by the contractors has no basis with the sale of the 10 plants from which the government is targeting 5,000 megawatts (MW) to achieve its aspiration to generate 10,000MW.

    Lawal said that due diligence has been conducted by the companies that bought the plants, adding that the transactions was done in a transparent manner. He said: “There was a shares agreement between the companies and the government before transactions on the plants started. The buyers have carried out due diligence and know the state of the plants. It is not compulsory that the plants must be completed before the plants are sold.”

    He said the NDPHC has done a lot to make the plants look better, strong and effective, adding that the plants would improve power supply when they are privatised.

    The BPE’s Director General, Benjamen Dikki, said the country has a capacity for 11,000 megawatts, adding that power supply would improve when the infrastructure problems in the sector are solved.  Dikki said the combination of adequate gas supply to thermal and hydro-power plants would help in improving electricity supply.

  • ‘Gas supply bottleneck stalls NIPPs’ privatisation’

    ‘Gas supply bottleneck stalls NIPPs’ privatisation’

    The Director General, mBureau of Public Enterprises (BPE), Mr. Benjamin Dikki, has blamed bottleneck in the signing of  gas agreements that would make the transaction bankable for stalling on-going privatisation of the National Integrated Power Project (NIPP) plants.

    He said the process was not  stalled because of politics  as being speculated in some quarters.

    According to Dikki, concerted efforts were being made to secure reliable gas supply that will facilitate the signing of the gas agreements.

    Its Head, Public Communications,  Mr. Chigbo Anichebe in a statement yesterday, made the clarification at a panel discussion titled Making the Power Sector Privatisation Work in a Privatised Environment” organised by the Business Day newspapers, in Lagos.

    Dikki said the privatisation programme was anchored on the attainment of clearly defined goals and parameters, adding that in the case of the generation companies, capacity is expected to be ramped up from the current low levels to those that meet the minimum target capacities specified under the respective business plans submitted by the core investors.

    For the distribution companies, he said the performance of the new owners would be measured on the basis of their abilities to reduce the Aggregate Technical, Commercial and Collection (ATC&C) loss targets specified in their business plans.

  • Privatisation: Workers score BPE low

    Privatisation: Workers score BPE low

    The Steel and Engineering Workers’ Union of Nigeria (SEWUN) has scored the Bureau of Public Enterprise (BPE) low over its handling of the privatisation process in the country.

    Its National President, Comrade Elijah Adigun, who spoke at the union’s yearly Industrial Relations Conference held at the Teachers’ House,  Ibadan, said the BPE, saddled with the responsibility of selling partially and wholly owned Federal Government companies, has not done well.

    “The BPE that was saddled with the responsibility to sell partially and wholly owned Federal Government companies, ostensibly to increase capacity utilisation and create jobs for our teeming workforce must be ashamed of its achievement as nearly all the companies privatised have either closed shop or are comatose,” he said.

    Adigun cited the case of the steel industry, which has been comatose to include automobile companies such as Anammco Limited, Enugu; National Truck, Kano; Steyr Nigeria Limited, Bauchi and Leyland Nigeria Limited, Ibadan, designed for the manufacturing of trucks, medium and long range mass transit system because of the steel firm’s inability to supply raw materials to them .

    The country, he said, continues to deplete scarce foreign reserves to import needed vehicles for its mass transit system.

    He said whereas the Federal Government established Peugeot Automobile Nigeria (PAN) Limited and Volkswagen of Nigeria (VON) to provide the country’s official and pleasure cars, the aforementioned vehicle assembly plants are lying idle and their premises being used as warehouses for junks imported from Asia.

    Adigun faulted the claim by Volkswagen of Nigeria that it has begun assembling vehicles in the company, pointing out that such claims are mere publicity stunts to deceive the world.

    In a similar vein, the its Deputy General Secretary, Mr. Okonma Paul, said the essence of privatisation in the steel sector has been completely defeated, adding that the investor, who bought most of the steel manufacturing companies, does not know anything about the sector.

    The union, he said, has written the BPE on two occasions to show its disagreement on the way issues are being handled.

    Adigun also blamed the comatose state of the manufacturing sector on the epileptic power supply, describing it as one of the major hindrances to the growth of the sector.  He regretted that the cries of the union for improved power has received little or no attention from the concerned authorities.

    He said although every succeeding government claimed to have sunk billons of dollars to address the malaise,  but  the impact has not been felt in the industry, noting that, the situation has allegedly contributed to the crippling of the manufacturing sector  regarded as the hub of employment generation.

    “This is exactly the reason for the manufacturing division of most private sector companies’ relocation to neighboring countries, while bringing finished goods to our country. The implication is that our economy creates jobs for the home countries of manufactured goods at the detriment of our teeming workforce,” Adigun said.

    The high interest rate regime in the country, according to him, is crippling business and fuelling inflation in the economy. He added that the situation is further compounded by the directive of the Central Bank of Nigeria (CBN) to commercial banks to retain 50 per cent of public sector funds in their custody.

    He said except this high cost of obtaining fund is addressed, the plight of the industrial sector will grow from bad to worse.

    Chairman, Nigeria Labour Congress (NLC), Oyo State Branch, Comrade Bashiru Olanrewaju  urged steel  workers to improve their productivity because it is the only way to be competitive in the labour market, adding that the steel industry must be embraced for the country  to where it should be.

    “Our nation should get a functional and effective steel sector. If we must grow, we must also embrace Information and Communications Technology (ICT). We can also learn from other nations like China, Japan,” he said.

    He said about  30 years ago, nobody respected China and Japan. But today, they are respected because they have embraced the industry, developed their steel manufacturing industry.

  • Firm faults BPE,others on NITEL, MTEL privatisation

    A firm, Basbsim International Limited has faulted the ongoing process to sell  the assets of Nigerian Telecommunications Limited Plc (NITEL) and Nigerian Mobile Telecommunications (MTEL).

    It alleged that the process being handled by the Bureau of Public Enterprise (BPE) is devoid of transparency and tailored to favour certain interest.

    The allegation is contained in court processes in relation to a suit marked: FHC/ABJ/517/2014   filed before the Federal High Court, Abuja by the firm through its lawyer, Christopher Eichies. Sued with BPE are its Director-General, the National Council on Privatisation (NCP), NITEL, MTEL and the Attorney General of the Federation (AGF).

    Basbsim stated that it learnt about the sale of assets of NITEL and MTEL via an advertorial published by BPE on page 49 of the June 9 edition of Thisday newspaper where the advertisers invited expression of interests from the general public.

    It further stated that on the strength of the advertisement, it undertook to bid for the assets by putting in a first financial and technical proposal. It added that in line with international best practices, it took it made to submit its bid at the offices of the BPE on June 30 as requested in the advertorial, but was prevented.

    The plaintiff said its head of operations in Abuja was refused entry into the premises of BPE located at plot 11, Osun Cresent, Maitama, and that all entreaties made by it to the BPE and its officials to accept its proposal fell on deaf ears as the security operatives in BPE’s Abuja office said they had instruction from the management not receive any proposals.

    It alleged that by its conduct, BPE gives the impression that it had already predetermined those companies to whom the assets of NITEL and MTEL would be sold, and that there was a plot to exclude credible investors from partaking in the sale of the assets.

    The plaintiff argued that the assets of the two public companies, valued at billions of United States dollars, belonged to Nigerians and not personal estate of those whose responsibility it is to sell them.

    It urged the court to order the BPE to accept its interests to be prequalified in the privatization process and to declaration that the BPE’s refusal of its expression of interests on June 30 is unlawful.

    Basbsim is also seeking a declaration that the NCP possesses the power to prevail on the first and second (NCP and its DG) defendants to accept its prequalification bid. It equally seeks an order directing the first defendant to accept its expression of interests and those of other companies earlier rejected.

    The defendants are yet to respond to the suit.

     

     

  • BPE, NCP  caution against halting power privatisation

    BPE, NCP caution against halting power privatisation

    The Bureau for Public Enterprises (BPE) and the  the National Council on Privatisation (NCP) have asked a Federal High Court in Abuja not to halt its privatisation process in relation to three power plants.

    Their request is a response to an application by a firm, Ethiope Energy Limited asking an order of interlocutory injunction to stop them from concluding the process of selling  Alaoji, Omoku and Gbarain power stations.

    Ethiope, which is challenging the process of the sale of the plants, had sought to restrain BPE and NCP from taking any steps to implement the bidding exercise in respect of the privatisation of the three National Integrated Power Plants (NIPPs).

    The Niger Delta Power Holding Company Limited which was also joined as a party equally opposed Ethiope’s application to halt process.

    Yesterday, Ethiope’s lawyer, Alex Izinyon (SAN) urged the court to issue an interlocutory injunction, on the ground that his client has met the conditions for the bids and that it was wrong to exclude it from the next round of bidding.

    Lawyer to BPE and  NCP, Prof. Taiwo Osipitan (SAN) opposed the application and argued that Ethiope lacked the necessary legal right to compel the court to exercise its discretion in its favour.

    He said an application for interlocutory injunction should establish the applicant’s legal right.

    Osipitan argued that Ethiope wrongly based its claim on commercial bids whereas what was in issue was financial bids.

    He argued that the document which the company relied on in filing the case made reference only to financial bids. He added that, having come under the wrong heading, the application for injunction should fail.

    Lawyer to the the Niger Delta Power Holding Company Limited, Fabian Ajogu (SAN) urged the court to refuse the request that it grants injunction to stop an action where damages would be an adequate compensation.

    He said monetary compensation would be enough to take care of the plaintiff’s loss if at the end it lost anything.

    Trial judge, Justice Abdu Kafarati adjourned the case to October 7 for ruling.

  • ‘Refineries’ privatisation ‘ll unlock oil, gas sector’

    ‘Refineries’ privatisation ‘ll unlock oil, gas sector’

    Transferring the ownership of the nation’s four refineries to private investors will unleash unimaginable economic transformation, the Bureau for Public Enterprises (BPE), has said.

    Its Director-General, Benjamin Dikki, lamented that the continued resistance of oil workers prevented the economy from tapping from the almost limitless opportunities that privatisation would have opened the industry to.

    He said: “I want to emphasise that in the oil and gas industry, we have locked up a lot of potential that Nigeria’s economy has. There are more than 10 spinoff industries that can spring up using the by-products of the refineries. We are not utilising these things. Most of those things are imported. Once we get the refineries working, there will be other spinoff industries that will come up from there. It will create jobs, create products that Nigeria will sell locally and internationally and grow the Nigerian economy.

    “Sometimes I wonder, ‘can’t we and labour sit down and see the mood of this country and collaborate to unleash, to open up that sector and grow the Nigerian economy’.  And related to that, we also need to expeditiously, aggressively handle the issue of the Petroleum Industry Bill (PIB).”

    Dikki told The Nation  that when the government announced that it was considering the privatisation of the refineries, the oil workers acting under the aegis of the National Union of Petroleum and Natural Gas (NUPENG) workers and the Petroleum and Natural Gas senior Staff Association of Nigeria (PENGASSAN) threatened to shut the refineries.

    He said the Minister of Labour chaired a meeting where the Minister of Power and the Permanent Secretary; the Minister of Petroleum and other high-ranking officials in the ministries were present and we dialogued with the two labour unions.

    “They told us that they were not averse to government looking at other options or business model for handling the privatisation, and we said okay to them.

    “The government is conscious if we don’t have a unified voice between NUPENG and PENGASSAN about the privatisation then there is a risk. This is because they can put through to shutdown the economy and no responsible president will want to create pains for his people through a policy that can be avoided, delayed, or you look at other options,” he said.

    He however said the oil workers have all agreed that there is need to privatise the ailing refineries, adding that they have realised the Turn Around Maintenance (TAM) is not comprehensively done and there is need to resuscitate the refineries. He added that there are other investment that need to be in place, and they are quite to take cognizance that government is not in a position or rather it is not it’s priority to raise those kind of money that will completely revamp the refineries.‘’

    Dikki added: “The labour unions have realised also that privatisation is inevitable. What they are craving for is that we should have the LNG model, which is to say that government should still have a stake, labour should still have a stake in the refineries.  And we are not opposed to it.  And we have told them that it has been a longstanding policy of the NCP that labour unions should have shares in the privatised companies.”

    And we gave them the example of Eleme Petrochemical -shares were reserved for staff, we got them to set up a trust. The trust accessed loan from the bank and raised finances to pay for the shares.  The shares were now paid for from the dividend from Eleme Petrochemical shares.

    “So, the government is not aversed to structuring something that will allow labour to have a stake in the refineries. But you see, this is a politically charged environment now and everything is politicised. So, we are conscious also not to delve into this thing and it gets politicised and people misread the meaning and issues are raised that shouldn’t arise.

    “So, the refineries will only be privatised when government and labour are 100 per cent on the same page. If that happens today, we will commence the process today. If labour comes out today and tells the government that we are not against the privatisation of the refineries we will cooperate, the government will take up the privatisation of the refineries.”

  • Privatisation: Falana sues VP over sale of Geregu Generating Company

    Privatisation: Falana sues VP over sale of Geregu Generating Company

    Vice President Namadi Sambo has been sued before a Federal High Court, Abuja over the sale of Geregu Generation Company Limited. The suit dated April 24, 2014 and  number FHC/ABJ/CS/328/14 was filed by Lagos lawyer, Femi Falana (SAN) on behalf of Yellowstone Electric Power Limited.

    Other defendants in the suit are National Council on Privatisation; Niger Delta Power Holding Company Limited and Seoul Electric Power Limited.

    In the origination summon, Falana listed two issues for determination of the court.

    He asked the court to determine whether the first, second and third defendants have the power under the Privatisation Rules and Guidelines and the Proposal for Request to extend the deadline for the Preferred Bidder to post the preferred bidder’s bank guarantee for Geregu Generation Company Limited beyond  April 14, this year.

    He also asked the court to determine whether  the first, second and third defendants were not under a legal obligation to designate the plaintiff as the preferred bidder for Geregu Generation Company Limited since the fourth defendant failed to post its bank’s guarantee for Geregu Generation Company Limited before  April 14, 2014.

    He sought five reliefs from the court including an order of perpetual injunction restraining the fourth defendant/respondent from posting its preferred bidder’s bank guarantee to the first, second and third defendants/respondents and from accepting the posting of fourth defendant/respondent preferred bidder’s bank guarantee for the purchase of Geregu Distribution Company Limited.

    He asked the court  for an order  directing the first, second and third defendants to declare the plaintiff as the preferred bidder , the fourth defendant having failed to post its bank guarantee for Geregu Generation Company Limited before  April 14, 2014.

    Falana is seeking a declaration from the court that the first, second and third defendants are under an obligation to designate the Plaintiff as the preferred bidder for Geregu Generation Company Limited forthwith since the fourth defendant has failed to post its bank guarantee for Geregu Generation Company Limited before  April 14,  2014.

    He is also seeking for a declaration that the fourth defendant has failed to comply with the requirements for a preferred bidder as set forth in the Request for Proposal (RFP) for The Sale of Shares in Ten Gas-fired Generation Companies Developed under NIPP dated August 19, 2013 and the Privatization Rules and Guidelines having failed to post the preferred bidder’s bank guarantee for Geregu Generation Company Limited on or before April 14, 2014 and for such further order(s) as the court may deem fit to make.                In a nine-point affidavit deposed to in support of the originating summon,  Oluwafemi Adedeji averred that pursuant to the Request for Proposal (RFP) for The Sale of Shares in Ten Gas-fired Generation Companies Developed under NIPP dated August 19, 2014 (the “RFP), the first, second and third defendants solicited bids for ten generation companies owned by the third defendant, including the holding company for the Geregu II Generation Plant (“Geregu Generation Company Limited”).

    He said through the RFP, the first, second and third defendants stipulated the time within which the bidding was to be completed in accordance with the extant rules of privatisation.

  • Privatisation: Court restrains BPE from sale of power stations

    Privatisation: Court restrains BPE from sale of power stations

    A Federal High Court in Abuja yesterday restrained the Bureau of Public Enterprises (BPE) from further proceeding with privatising three major power stations.

    They are Aloaji, Omoku and Gbarain power stations. The BPE had slated the bidding process for the stations’ sale on March 7, 2014.

    Justice Abdulkadir Abdulkafarati’s order followed an application by lawyer to a firm, Ethiope Energy Limited, Alex Iziyon (SAN).

    Iziyon, representing the plaintiff – Ethiope Energy – urged the court to stop the BPE from going ahead with the bidding, pending the hearing and determination of the suit.

    He argued that despite being put on notice about the pendency of the suit, the defendants had proceeded with the bidding.

    “Despite being put on notice, they went ahead to take initial step to overreach the motion on notice. They said that there was no court order stopping them from going on with the bidding process.

    “They had ample time to brief a lawyer concerning the case, but they failed to do so because we served them on March 6, 2014, the last time the case came up. Till date, no process has been filed by them in this case.

    “The court can make an interim order stopping them from taking further step in the exercise because the case cannot be in court and the defendant will continue to take further steps that will destroy the res of this case,” Iziyon said.

    Responding, BPE’s lawyer, A.M. Kayode, who said he held the brief of Professor Taiwo Osinpitan (SAN), prayed the court to order an accelerated hearing as against an order of injunction.

    “I urge the court to order an accelerated hearing in this case. I do not have instruction from my principal to give undertaken. We are not aware that any step has been taken so far in this matter,” Kayode said.

    Ruling, Justice Kafarati upheld Iziyon’s argument and held: “It is apparent that the defendants have been served with the motion on notice and they fail to brief their counsel. An order of interim injunction is hereby granted against the 1st defendant from further going on with the bidding process of the power stations.”

    The case has been adjourned till March 25.

    Ethiope Energy is, by the suit, challenging its alleged exclusion from the bidding by the BPE.

    In its statement of claim, Ethiope Energy accused the Chairman of the Due Diligence Committee, Atedo Peterside, of having “enormous influence on the BPE.”

    Ethiope also accused the BPE of allegedly manipulating the technical bid evaluation due diligence.

    Sued with BPE are Niger Delta Power Holding Company Limited and the Attorney-General of the Federation.

     

  • ‘June deadline for NIPPs’ privatisation remains sancrosanct’

    ‘June deadline for NIPPs’ privatisation remains sancrosanct’

    The Bureau of Public Enterprises (BPE) and the Niger Delta Power Holding Company (NDPHC)- owners of National Independent Power Plants (NIPPs) have said the June deadline fixed for the privatisation of the plants remains sacrosanct.

    The two agencies, in separate interviews with The Nation, insisted there is no change in the programmes outlined for the privatisation of the plants.

    BPE’s Spokesman, Joe Anichebe, said the exercise would go on whether the power plants are completed before June or not.

    He said: ‘’Failure to complete the projects cannot be a reason for the postponement of the privatisation scheme. The investors know this before they agree to bid for the plants.  Only the National Council on Privatisation can say whether the sale of the plants to investors would be shifted forward or not.’’

    Also, NDPHC’s spokesman, Yakubu Lawal said the non-completion of the projects could not derail the process.

    He said the story that the sale of the plants might be postponed due to inability to complete them as published in a national daily( not The Nation) was incorect.

     

     

     

     

     

     

  • Burden-some privatisation

    Burden-some privatisation

    •Govt should have sorted out PHCN workers’ entitlements before handing over to the new investors

    We were made to believe that privatisation of the defunct Power Holding Company of Nigeria (PHCN) was not meant to inflict spite on employees of the company but to bring about stable power supply in the country. But it is bad that the country is yet to see any improvement in power supply and even worse is the fact that thousands of former employees of the erstwhile PHCN have not been paid their entitlements months after the Federal Government publicly declared the process closed, by formally handing over to successor companies. Yet, most of these employees have been relieved of their posts, with nothing to show for their years of toil at the public utility company.

    As a measure of last resort, these aggrieved employees, under the aegis of the National Union of Electricity Employees, NUEE, have embarked on spontaneous protests across the federation. The employees have justifiably embraced the best option of bringing their debilitating plight to the public domain. In Ibadan, about 150 ex-workers and some of those retained by the Ibadan Electricity Distribution Company reportedly marched from the NUEE secretariat on Ring Road to the company’s office on the same road.  In Bauchi, over 50 per cent of the PHCN workers that were sacked by the new owners of the successor companies trooped to the streets. At the Jebba Power Station, no less than 250 members of the union staged a peaceful protest. Quite surprisingly too, most of the more than 60 per cent of the workers that have not been paid their entitlements in Lagos were at the headquarters of the Ikeja Electricity Distribution Company and other district offices of the power station across the state, to express their disenchantment.

    We consider as sad the fact that about 25,000 workers reportedly could not access the pension component of their entitlements while families of about 1,000 deceased employees of the defunct power firm that died in active service are yet to receive their entitlements. Equally more dumbfounding is the revelation that over 5,000 workers who retired statutorily are yet to be paid their gratuities. Yet, it was reported with fanfare last year that the Accountant-General of the Federation had sent money to the various banks to pay those entitlements; but allegations in public domain show that some of the banks are withholding the money for inexplicable reasons.

    Mr. Wisdom Nwachukwu, Chairman, NUEE, Abuja chapter, captures the alleged notoriety of the banks: “We had learnt of what they (banks) were doing…We have cases of people that have been paid with wrong account numbers. We gave them the real account details, they paid with the wrong account details of which the money will not go and the money goes back to them.” When all these problems have not been sorted out, why the haste by the Federal Government to hand over PHCN to the investors? The commonsensical thing to do would have been for the government to create a time-lag for the payments of entitlements and hearing of complaints there-from before handing over to those that bought the different components of the company. Those investors have now compounded the problems by sacking these employees before final payment of their severance entitlements.

    The investors too, not only the government, should be highly bothered because they could not just be collecting money from consumers without providing service for which the company was sold to them. At a period when the electricity situation in the country is worsening, the investors/government cannot afford to further incur the wrath of these denied employees that know the nitty- gritty of operations of ex-PHCN. Further delay of their entitlements is nothing but indirect invitation to avoidable sabotage. To us, this electricity privatisation transition is becoming a burden.