Mr Toluwani Adebiyi is a Lagos-based activist-lawyer. He tells JOSEPH JIBUEZE why he is leading a campaign against increment in electricity tariff.
why did you warn the Nigerian Electricity Regulatory Commission (NERC) and distribution companies (DISCOs) against increasing electricity tariff?
Going by the new threat as reported on page 11 of The Nation of September 29 that electricity tariff will be increased in October, Dr. Sam Amadi, the NERC chairman, and Chief Executive Officers of the 11 distribution companies may be on their way to jail. There is a subsisting court order not to increase tariff until the case is decided. The suit is to come up on November 24, 2015. It has become self-evident that these set of Nigerians have no respect for the rule of law and constituted authorities.
Why are you disappointed with NERC?
NERC’s disrespectful attitude to the court and the Senate is nothing but executive recklessness and an inordinate evil ambition. The Senate had accused the power sector players of engaging in unfair trading practices and warned them against such. If Amadi thinks by making this threat, he can retain his position as NERC Chairman in this present dispensation, it is a complete illusion that can never be attained. Consumers are tired of him and they will continue to agitate for his removal.
Why did you file contempt charge against Amadi?
On August 7, 2015, the NERC Chairman petitioned the Chief Judge of the Federal High Court, accusing judges of frustrating reforms in the power sector, casting aspersions and accusing judges of lack of knowledge and abuse of their judicial power. He accused judges of granting inconsiderate and reckless injunctions, directing courts to always exercise restraint and defer to his commission in the exercise of their judicial power ( an attempt to subjugate, undermine and intervene with the Court’s lawful responsibility). He contemptuously sought through the letter, to bring the court under control or subjection through his request for the establishment of a possible ‘Judicial Policy of Restraint’ during the pendency of, and in connection with, or on a matter before the Court. The letter was capable of obstructing or tending to obstruct or interfere with the administration of justice in a matter pending before the court, an act that was not only insulting and derogatory to the court, but was an obstruction of justice. It was contemptuous to the integrity of the court and punishable by committal to prison.
What do you make of complaints against DISCOs?
The Distribution Companies on the other hand have been devising dubious means to exploit the already exploited Nigerians, like refusing to read their meters and bringing outrageous estimated bill for consumers with functioning meters. For instance, a shoe maker in Iyana Ipaja, when his meter is read gets about N2,000 bill, but when they ignore the meter and come with estimated bill, he gets around N20,000.
Do you think the power sector is improving?
The evident failure of the power sector, particularly in May/June this year when the order, was made was described by President Muhammadu Buhari during his inauguration as a national shame. It affects everyone and it readily speak for itself.
However, in all fairness to the sector, there have been some fractional improvement, which the president described in his Independence Day speech as encouraging, but it still falls short of the 18 hours daily supply demanded for. Besides, most communities are still in total darkness.
Can you name some these communities?
On September 30, residents in Edo State were seen protesting poor electricity supply. Onike in Yaba area of Lagos has since September 8 been in total darkness. Magboro area on the Lagos/Ibadan Expressway has been in darkness for the past three years. Isale-Ijebu in Ajah community has its transformer abandoned for the past three years without being connected.
We learnt they bought the transformer with their contributions, yet was not connected due to their inability or reluctance to make another contribution for the connection. This is in spite of the monthly N750 fixed charge which is supposed to be meant for such purposes and for the servicing and maintenance of poles and cables. The DISCOs collect this fix charge but fail to use it for what it is meant for. Still, they keep on collecting the charge. This is nothing but fraud and for that reason, this crude and fraudulent fixed charge must be abolished.
Why are you against increasing tariff?
Eko and Ikeja DISCOs had attempted to co-opt Nigerians through the Manufacturing Association of Nigeria (MAN) and other groups into accepting tariff increment, which has failed. On one of such occasions, Mr. Ambrose Uche, Chairman Ikeja branch of MAN adequately warned Ikeja Disco, reminding them of the subsisting order of court. Co-opting people to accept increase when there is a subsisting order not to increase is disrespectful and dishonouris the court in its entirety.
When do you think the increment should be made?
Increment cannot come now. The little improvement is only encouraging but not yet sufficient. Adequate electricity supply must be balanced with new tariff. Both must be commensurate with each other. Power supply must be sufficiently convincing. There is no justification for an increment now. Increasing tariff now will be morally inequitable and statutorily unjustifiable.
It is something that affects everyone including even my learned colleagues and the counsel representing the power sector in court. They are merely working for their fees and not mindful of the interest of the already exploited poor consumers and public interest at large. Left to me, I will never accept such a brief that is against the poor masses or public interest. It is glaring that the sector has cheated so many Nigerians through very excessively estimated bills even for those who have meters. So much has been invested in the power sector since 1999 with little to show for it.
What became of the contempt charge you filed?
At a stage, Form 48 for court’s Contempt was filed, but was later reluctantly withdrawn after a reasonable appeal by the court in the interest of the nation, as the polity had been heated up lately about orders of arrest. Despite that unusual mercy and pardon, these people can still not learn their lessons and respect an existing order of the court. It is quite unfortunate. But the law will always have its way. Enough is enough! Our system must be sanitised; the honour of the court must be sustained. Our court must be treated with honour; its integrity must not be trampled upon.
What will happen if tariff is increased now?
Nigerians are not stupid. We have been exploited for long despite government’s huge investment in power sector with no improvement. We cannot be further exploited by those feeding fat on consumers’ money. If NERC chairman and the DISCOs’ CEOs will not purge themselves of attitude detrimental to the honour of the court, then they shall not escape the consequences of dishonouring the court; they are on their way to prison.
If they still insist on increasing tariff this month as threatened, in spite of the subsisting court’s order, and want to be treated and seen as scapegoats, they are free to make their choice and end up in jail. It is a free world.
