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Reversal OF Electricity Tariff: What The People Say

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A Federal High Court sitting in Lagos last week reversed the 45 per cent increase of electricity tariff by the Nigerian Electricity Regulatory Commission (NERC). The court declared that the 45 per cent tariff increase was illegal and should be reversed immediately.
How do Nigerians view the judgement? What should be done to ensure compliance to the court ruling by NERC? Our correspondent, Calista Ezeaku, sought answers to these questions from some Port Harcourt residents. Our photographer, Ken Nwiueh, captured their images.

Miss Faith Frank – Business Woman
I think the reversal is nice because the way they charge these days is quite alarming.  We hardly see light, but at the end of the month the bill they bring is so high. So I’m happy it will be reversed.  But we all know that in this country people hardly obey court orders, especially government and it agencies.  So I will appeal to the Federal Government to do everything possible to ensure that NERC obeys the court order and do the reversal immediately.  If it means seting up a committee to enforce the reversal, government should do so.  The right people that have the passion for this should be members of this implementation committee, a monitoring team or what ever they may call it.  Failure to enforce the reversal immediately, NERC should be penalized because there is no reason why they should be adding to the pains of Nigerians.
The burden of the tariff increase is borne by the masses, many of whom depend on power for petty businesses.  For instance, I sell drinks and I require power to chill them, when they bring the NEPA bills, by the time you look at the bills and look at the income from the business, you will find out that you are virtually labouring to pay bills.  Your profit from the business is very minimal.  So the high electricity tariff has affected a lot of businesses.  Some businesses have folded because of the high tariff and other problems associated with NEPA.  So the reversal should be enforced without delay please.

Mr Gift Kinika – A driver
Well the court ruling is highly appreciated because  people have been paying huge amount of money for non available power.   Assuming power supply has been adequate, even if they increase the tariff, people will not grumble. But a situation where the tariff was hiked and there was no improvement in power supply, yet consumers were forced to pay, was pure exploitation.  Some people will stay up to a month without power supply, at the end of the month, they will still receive NEPA bill.  So the reversal is in order.  Let us go back to the old tariff.  It took no time for NERC to increase the tariff and all  NEPA offices complied immediately, so the reversal should take them no time.  None compliance with the court order will mean NERC is irresponsible and insensitive to the plight of Nigerians.  If it means forcing NERC to carry out the reversal, Federal Government should ensure that is done to help the poor masses.
I don’t know who took the matter to court, but I want to use this opportunity to thank the person.  It really shows that the time of taking Nigerians for granted is over, I also thank the court for the nice job and appeal that they should not rest until NERC complies totally with the court ruling.

Felix Wayii  –  Civil Servant
It is very unfortunate that despite the intervention both by the National Assembly  and other will meaning Nigerians, regarding the reversal of the hike in the electricity tariff, NERC and the electricity officers refused to comply.  It is so unfortunate that despite the prevailing  harsh economic situation in the country, the electricity officers refused to reduce the tariff. It simply shows how insensitive they are to the plight of Nigerians.
So I am happy that the matter was  taken to court and that a positive judgment was gotten.
NERC should obey the court order and reverse the tariff immediately as failure to do so, might compel Nigerians to do what they deem necessary.

Prince Omuso  –  Businessman.
The hike in tariff had affected my business adversely and I am not happy.  They hardly come to read our meter.  They send estimated bills and they can give you any amount.  This is wrong.  On my compound I have few tenants.  Only one of them uses fridge.  The only appliance  that is used by everybody which can consume current is pressing iron.  Now, for them to charge such a compound  N30,000, N40,000 at the end the month is very alarming.  I thank God for those who were able to muster courage to take NERC to court and eventually won that case.  And as court has ordered them to go back to the old tariff, they should do that immediately.  They should also supply us the light that we are paying for because we pay for current  that we do not consume and you don’t have any power to ask them why.  Once they give you bill today, tomorrow you will see light.  It will stay for about three days.  The fourth day, you will see NEPA people coming for disconnection.  If you have not paid your bill, you give them N1,000 and they will leave you.  If you fail to cooperate, they will disconnect your light and take your wire to their office.  You will go and pay reconnection fee.  So they should also improve power supply so that the consumers will be happy to pay.  We can’t continue to pay for what we did not consume.
So I will encourage Nigerians to take a cue from those that took the matter to court and learn to fight for our rights.  If NERC and NEPA officials refuse to effect the reversal, we should meet NEPA managers in our various areas and demand that it be done .  We must fight for our rights.
Again, this court judgment should be made known to the public,.  People should be educated, informed and sensitized.  If the judgment is not made known to the public, they will keep on charging us.  The media has a big role to play in this case.  They should pass the information to the people that the court has ordered the reversal of the electricity tariff.  We are willing to pay but it has to be in accordance with the law.  We cannot pay more than what we consumed and power supply should improve.

Mrs Lilian Okonkwo   –  Journalist
I think, it is a right step in the right direction.  But it is unfortunate that in Nigeria today, we have instances where court orders were not obeyed.  So we hope that this should be obeyed by NERC.  The NERC has the duty of ensuring that the tariff is reversed immediately as it has been declared illegal, unfair, and unjustifiable and a further exploitation of already exploited Nigerian who pay for power not used or services not rendered.
I hail the courageous judgment of the Federal High Court.  I call on NERC and Electrify Distribution Company (DISCO) to obey the judgment and reverse to the old rates without further delay.  Also, the Minister of Power, the National Assembly and other stake holders should ensure compliance to the judgment.  The Nigerian public should hold on to the judgment and resist the increase or failure to reverse the tariff.

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CBN Boss Assures On Inflation Decrease

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Governor of the Central Bank of Nigeria (CBN), Olayemi Cardoso, has said members of the Monetary Policy Committee (MPC) would do whatever is necessary to check the country’s persistent inflation.
The CBN’s hawkish stance on inflation had become obvious from the first MPC meeting held in February, when the committee raised the benchmark lending rate by 400 basis points to 22.75 per cent, from 18.75 per cent. It has since been raised to 24.75 per cent.
The CBN boss, who stated this in an interview with the Financial Times on Monday, said this is an indication that interest rates would stay high for as long as necessary to tame inflation.
He told the Financial Times that there was “every indication” that the MPC would “do whatever is necessary” to keep soaring inflation in check.
“They will continue to do what has to be done to ensure that inflation comes down”, Cardoso said.
Meanwhile, ahead of the next MPC meeting scheduled to hold on May 20-21, there are projections of a rate hike from the committee, even as inflation is projected to go higher.
Analysts at Meristem Securities projected an uptick in the headline inflation for April to 34.43 per cent year-on-year (vs. 33.20 per cent YoY reported in March 2024).
Despite the current CBN’s hawkish stance, Cardoso said he hoped that high rates would not be for too long and discourage investment and production.
Noting that raising rates had been essential, he said, “Hiking interest rates has had a dampening effect on the foreign exchange market, so that has begun to moderate. It’s not a zero-sum game. You lose on one side, you get on the other”.
On fluctuations in the naira in recent times, Cardoso said investors, who were likely to exit the economy in response to currency fluctuations were now more comfortable with the market.
Cardoso said further that the apex bank was going to return to orthodox monetary policies.
“Let’s face it: for a long period of time, the CBN did not embrace orthodox monetary policies. We want to go back to using an orthodox method, and it will take us to where we want to go”, he said.

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IMF tells FG To Stop Electricity Subsidy

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The International Monetary Fund (IMF) has called in Nigeria’s Federal Government to remove what it called implicit fuel and electricity subsidies.
This was contained in a recent report published by the IMF, in which it said the subsidies will take a whooping three per cent of the nation’s Gross Domestic Product (GDP) in 2024 as against one per cent in 2023.
In the report, the IMF commended the Federal Government for phasing out “costly and regressive energy subsidies”, among others.
It added that this was “critical to creating fiscal space for development spending and strengthening social protection while maintaining debt sustainability”.
Recall that President Bola Tinubu’s administration removed fuel subsidies during his inauguration on May 29, 2023.
Commenting of the fuel subsidy removal, IMF noted that “adequate compensatory measures for the poor were not scaled up promptly and subsequently paused over corruption concerns. Capping pump prices below cost reintroduced implicit subsidies by end-2023 to help Nigerians cope with high inflation and exchange rate depreciation”.
IMF also acknowledged that the price of electricity had tripled for high-use premium consumers on Band A feeders, 15 per cent of the 12 million customers who account for 40 per cent of electricity usage.
Following Nigerians’ agitation for the reversal of the Band A tariff from N206.80 per kilowatt-hour to N68, IMF said “the tariff adjustment will help reduce expenditure on subsidies by 0.1 per cent of Gross Domestic Product, while continuing to provide relief to the poor, particularly in rural areas”.
It continued that “once the safety net has been scaled up and inflation subsides, the government should tackle implicit fuel and electricity subsidies”.
The organisation also warned that “With pump prices and tariffs below cost-recovery, implicit subsidy costs could increase to 3 per cent of GDP in 2024 from 1 per cent in 2023. These subsidies are costly and poorly targeted, with higher income groups benefiting more than the vulnerable.
“As inflation subsides and support for the vulnerable is ramped up, costly and untargeted fuel and electricity subsidies should be removed, while, e.g., retaining a lifeline tariff”.
IMF projected that the implicit fuel subsidy could gulp as high as N8.4tn in 2024 from N1.85tn in 2023, N4.4tn in 2022, N1.86tn in 2021 and N89bn in 2020.
The electricity subsidy being paid to customers under Band B, C, D, and E was projected to stand at N540bn by the end of 2024.
The Tide’s source reports that the Nigerian National Petroleum Company Limited (NNPCL) and the Minister of State for Petroleum (Oil), Heineken Lokpobiri, have repeatedly debunked claims that the Federal Government was paying fuel subsidies through the back door.
The IMF’s call for the removal of electricity subsidy is coming amid protests from Nigerians who are calling on the Minister of Power, Adebayo Adelabu, to return the Band A tariff to the status quo.
For this purpose, the organised labour has threatened to stage a protest on Monday if Adelabu fails to heed their calls.

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PoS Operators Take CAC To Court

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In response to the directive by the Corporate Affairs Commission (CAC) for Point of Sales (PoS) operators to register with it, the body, the “Association of Mobile Money and Bank Agents in Nigeria (AMMBAN)” says it has concluded plans to head to court to address the legality of the directive.
President of the association, Fasasi Sarafadeen, faulted the directive mandating PoS operators to register with the CAC, saying the move had forced the association to go to court to seek a redress.
Sarafadeen said the directive from the CAC violated the provision of the Companies and Allied Matters Act, Laws of the Federation of Nigeria, 2004, which “explicitly states that the commission has no jurisdiction over individuals not operating as a company”.
“According to section 863(1) of the Companies and Allied Matters Act, 2004, the order to enforce CAC directive on individual PoS agents operating under their name is wrong and will be challenged, as it contravenes the Companies and Allied Matters Act, Laws of the Federation of Nigeria, 2004, which explicitly states that CAC has no jurisdiction over individuals not operating as a company.
“We shall challenge it legally. The court will have to intervene in the interpretation of the quoted section of the CAMA if individuals operating as a sub-agent (likened to a bank branch) must register with CAC.
“CBN is right, no issue, the memo is clear, it only applies to non-individuals, unlike the Corporate Affairs Commission who generalised. We are in talks with the lawyer representing the association already, and a league of human rights lawyers whom we are not disclosing who they are for now”, he said.
Explaining the categories, he stated that there were two categories of Point-of-Sale agents.
“CAMA only mandates registration of individuals operating as a company. There are two categories of POS agents: individuals and non-individuals. Individual agents operate under their names, such as Musa Caroline or Abubakar Audu, and are typically profiled with financial institutions under their names.
“Non-individual agents, on the other hand, operate under registered or unregistered business names, such as Wale Ventures or Johnson Enterprises.
“It is this second category of agents that the Corporate Affairs Commission can enforce the law on, as they are required to register their business names by the law”, Sarafadeen explained.
He noted that sub-agents are independent branches of a company already registered with the Corporate Affairs Commission.
“Sub agents are not carrying out as an independent company but branches of a company. For example, while commercial banks operate with bank branches across the country, Fintechs (MMO, super agents, and co) operate with a network of sub-agents.
“It is, therefore, lack of knowledge of the workings in a Fintech/agent banking industry to be tagging sub-agents as illegal”, he added.
According to the AMMBAN boss, the CAC should focus its efforts on addressing the high failure rate of registered businesses in Nigeria, rather than enforcing regulations on individual POS agents operating under their names.
“The Corporate Affairs Commission should prioritise addressing the alarming failure rate of registered businesses in Nigeria, rather than targeting sub-agents. With over 4.9 million businesses registered, 50 per cent of which fail every five years, this should be the focus.
“In addition, the Central Bank of Nigeria’s memo specifically addressed non-individual agents, not individual sub-agents, and CAC’s threat to harass sub-agents is unwarranted and excessive”, he added.
He noted that the clampdown on agent banking in the name of CAC registration was not in line with President Bola Tinubu’s renewed Hope agenda, which prioritises job creation and opposes policies that cause unemployment.
“We are aware that President Bola Ahmed Tinubu is not approved of any policy that will cause unemployment, noting that agent banking has created over 1.9 million jobs in the last few years. Clampdown in the name of CAC registration is not in line with the renewed Hope agenda of Mr. President and we are appealing to Mr. President, the Senate, and the House of reps to intervene as they did for the anti-masses policy of cyber security levy.
“CAC should be concerned about how 50 per cent of registered businesses in Nigeria fail within the first few years, resulting in growing unemployment year-on-year. Rather than embarking on policies that will eradicate entrepreneurs, escalate unemployment, and reverse the gains of financial inclusion in Nigeria”, he stated.
The Federal Government through the Corporate Affairs Commission had issued a two-month registration deadline for Point of Sales companies, to register their agents, merchants, and individuals with the commission in line with legal requirements and the directives of the Central Bank of Nigeria.
The agreement was reached during a meeting between Fintechs and the Registrar-General CAC, Hussaini Ishaq Magaji, in Abuja.
CAC said the move would curb kidnapping and payment of ransoms.
According to the Nigeria Inter-Bank Settlement System, there are over 1.9 million PoS terminals deployed by merchants and individuals nationwide.
This new directive came against the backdrop of frequent fraud incidents involving POS terminals and plans to stop trading in cryptocurrency or any virtual currency by the Central Bank of Nigeria. POS terminals accounted for 26.37 per cent of fraud incidents in 2023, according to a fraud report by the Nigeria Inter-Bank Settlement System Plc.
Last week, the CBN stopped major fintech firms like Kuda, Opay, PalmPay, and Moniepoint from onboarding new customers and instructed the companies to warn their customers against trading in cryptocurrency or any virtual currency on their apps, threatening to block any accounts found engaging in such activities.
The CBN’s move was linked to an ongoing audit of the Know-Your-Customer process of the fintechs, which have been under scrutiny in recent months over concerns around money laundering and terrorism financing.
Before the CBN’s directive, the Economic and Financial Crimes Commission had obtained a court order to freeze at least 1,146 bank accounts owned by various individuals and companies allegedly involved in illegal foreign exchange transactions.

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