By Seyi Odewale
A rights group, the Socio-Economic Rights and Accountability Project (SERAP), has urged President Muhammadu Buhari to “direct the Minister State for Power, Goddy Jedy-Agba, and the Chairman/CEO, Nigerian Electricity Regulatory Commission (NERC), Prof James Momoh to immediately reverse the increase in electricity tariff, which took effect last December, tagging it unlawful, unjust, and unreasonable.

The group also urged the president to “ensure the investigation of the spending of public funds as ‘investments and bailouts’ by successive governments to electricity distribution companies (DisCos) and generating companies (GenCos) since 2005, and prosecution of cases of corruption and mismanagement”.

Following the reported approval by the NERC, electricity tariffs were increased by the DisCos in December 2022. Several prepaid customers have reportedly confirmed the increase, however, the Minister of Power and the NERC have refused to confirm or deny the increase.

In the letter dated January 7, 2023, and signed by SERAP’s deputy director Kolawole Oluwadare, the organisation said, “The increase in electricity tariff would exacerbate the extreme poverty across the country and undermine the ability of millions of Nigerians to satisfy basic human needs.”

The group said, “The increase in electricity tariff failed to follow due process. It is entirely inconsistent and incompatible with the provisions of the Nigerian Constitution of 1999 [as amended], the Electric Power Sector Reform Act, and the country’s international human rights obligations.”

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According to SERAP, “Millions of Nigerians continue to live in darkness despite the spending by successive governments of trillions of naira as investments and bailouts to electricity companies.”

The letter, which read in part, described the increase as unjustified. “The increase is unjustified, especially given the unreliable, inefficient, and poor quality of electricity in the country. Rather than providing electricity discounts to poor Nigerians, successive governments continue to give bailouts to electricity companies.

“We would be grateful if the recommended measures are taken within 7 days of the receipt and/or publication of this letter. If we have not heard from you by then, SERAP shall consider appropriate legal actions to compel your government to comply with our request in the public interest,” it said.

It added: “Your government should have used the report by the National Bureau of Statistics (NBS), which shows damning revelations that some 133 million Nigerians are poor as a basis to improve access to regular electricity supply and extend electricity to remote rural households.

“The latest increase in electricity tariff is coming on the heels of the NBC report which shows that over half of the population of Nigeria are multidimensionally poor and cook with dung, wood, or charcoal, rather than clean energy. High deprivations also appeared nationally in sanitation, time to healthcare, food insecurity, and housing.”

According to the group, “investigating the spending of investments and bailouts by successive governments in DISCOS and prosecuting anyone suspected of corruption and mismanagement of public funds and recovering any proceeds of crime would end a culture of impunity in the power sector and improve access to and affordability of electricity in Nigeria.”

It said, “Successive governments have failed to increase power generation and provide Nigerians with regular and uninterrupted electricity supply, with many electricity contracts shrouded in secrecy, and trillions of naira going down the drain.

“Section 14 (2) (b) of the Nigerian Constitution of 1999 [as amended] provides that, ‘the security and welfare of the people shall be the primary purpose of government.

“Under Section 16(1) (a) (b), your government has the obligations to ‘harness the resources of the nation and promote national prosperity and an efficient, a dynamic and self-reliant economy’, and to ‘secure the maximum welfare, freedom, and happiness of every citizen.

“Nigeria has also ratified the African Charter on Human and Peoples’ Rights and the International Covenant on Economic, Social and Cultural Rights, which recognize legally enforceable economic and social rights, such as the rights to education, health, safe food and clean water, security, and shelter.”