President Muhammadu Buhari has been urged by the Socio-Economic Rights and Accountability Project (SERAP) to “direct the Minister of Power, Goddy Jedy-Agba, and the Chairman/CEO, Nigerian Electricity Regulatory Commission (NERC), Professor James Momoh, to immediately reverse the unlawful, unjust, and unreasonable increase in electricity tariff, which is said to have taken place in December 2022.”
A further recommendation from SERAP was for him 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.”
According to reports, the Nigerian Electricity Regulatory Commission (NERC) approved an increase in electricity tariffs across the country in December 2022. According to reports, several prepaid customers have confirmed the increase. The Power Minister and NERC have both refused to confirm or deny the increase.
The organization stated in a letter dated 7 January 2023 and signed by SERAP deputy director Kolawole Oluwadare, “The increase in electricity tariff would exacerbate extreme poverty across the country, and undermine the ability of millions of Nigerians to satisfy basic human needs.”
According to reports, the Nigerian Electricity Regulatory Commission (NERC) approved an increase in electricity tariffs across the country in December 2022. According to reports, several prepaid customers have confirmed the increase. The Power Minister and NERC have both refused to confirm or deny the increase.
The organization stated in a letter dated 7 January 2023 and signed by SERAP deputy director Kolawole Oluwadare, “The increase in electricity tariff would exacerbate extreme poverty across the country, and undermine the ability of millions of Nigerians to satisfy basic human needs.”
“We appreciate it if the suggested actions are carried out within 7 days of the letter’s receipt and/or publication. If by then we have not heard from you, SERAP will consider taking the necessary legal action to compel your government to abide by our request in the interest of the public.
“Your government ought to have used the National Bureau of Statistics’ (NBS) report, which makes the damning claim that 133 million Nigerians live in poverty, as a springboard to expand access to reliable electricity and provide it to isolated 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 cleaner energy. Nationally, high deprivation is also visible in sanitation, access to healthcare, food insecurity, and housing.
“Access to regular electricity supply would improve the quality of life of the population.
“Electricity is an essential public service but millions of Nigerians continue to pay the price for corruption in the electricity sector-staying in darkness, but still made to pay crazy electricity bills. The supply of electricity remains insufficient and irregular.
“Regular and uninterrupted access to electricity is a fundamental human right. Your government is legally obligated to ensure that the operations of NERC and electricity companies do not interfere with the effective exercise of the right.
“Access to affordable electricity services is a prerequisite for improving the condition of people living in poverty. It is a means of generating other important services that alleviate poverty, with the understanding that access to electricity facilitates poverty eradication.
“The hike in tariff would increase financial burdens for socially and economically vulnerable Nigerians and further marginalize and disproportionately affect them, and exacerbate their vulnerability to discrimination.
“The main cause of the exploitation of electricity consumers is the failure of successive governments and high-ranking government officials to prevent pervasive and systematic corruption in the electricity sector and to bring suspected offenders to justice.
“Investigating the use of investments and bailouts by successive governments in DISCOS, prosecuting anyone suspected of corruption and mismanagement of public funds, and recovering any proceeds of crime” would put an end to the culture of impunity in the power sector and increase access to and affordability of electricity in Nigeria.
With many electricity contracts shrouded in secrecy and trillions of Naira going down the drain, successive governments have failed to boost power generation and offer Nigerians a regular and uninterrupted electricity supply.
“Section 14(2)(b) of the Nigerian Constitution of 1999 [as amended] states that “the primary purpose of government shall be the security and welfare of the people.”
“Under Section 16(1)(a)(b), your government is required to ‘harness the resources of the nation and promote national prosperity and an efficient, dynamic, and self-sufficient economy,’ as well as 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.
“Your government also has legal obligations to ensure that socially and economically vulnerable Nigerians including the 133 million the NBC documents as poor enjoy non-discriminatory access to basic household services including electricity.
“High-level public officials have a clear obligation to ‘eradicate all corrupt practices and abuse of power,’ according to Chapter 2 of Nigeria’s 1999 Constitution, which deals with Fundamental Objectives and Directive Principles of State Policy. Furthermore, the constitution forbids the exploitation of Nigeria’s human and natural resources for purposes other than the common good.
“Your government is also legally required by Articles 5 and 9 of the UN Convention against Corruption to ensure proper management of public affairs and public funds and to support sound and transparent administration of public affairs.
The absence of basic services like electricity from the States, according to the African Commission on Human and Peoples’ Rights, constitutes a violation of the right to health.
