A lawyer, Toluwani Yemi Adebiyi Esq, has threatened the Federal Coordinating Minister of Power, Works and Housing with contempt charges should he dare implement an announced tariff increase.
The lawyer tendered a Federal High Court order which restrains the Federal Government and the Nigerian Electricity Regulatory Commission from increasing electricity tariff until a substantive suit is decided.
The Federal Minister of Power is reportedly pushing for a hike in the power tariff despite his knowledge of the poor service delivery by Electricity Distribution Companies and the general lack of electricity and meters by which to measure consumer usage.
See the full letter advising Fashola to obey the law and not increase electricity tariff or risk legal action.
21st December, 2015
To the Honourable Minister of Power
Federal Republic of Nigeria
Federal Secretariat Abuja
Attention: Babatunde Raji Fashola (SAN)
For better service delivery I got the subsisting Court Order against NERC on 28th May, 2015 not to increase electricity Tariff until the substantive matter is decided and as such the plaintiff in the said matter
We are fully aware of your intention in conjunction with NERC to Increase electricity Tariff; even though as good as, and of positive response the content of the proposal may seem to our prayers before the Court, it leaves a sour taste and great odium of a precedence and bad example of great concern to our Legal System and Nigeria Bar.
a. Particularly in a situation where there is a subsisting court order not to increase tariff until substantive suit is determined, it is an intentional, disrespectful-disregard of the court and our rules of law.
b. It becomes very sad, frightening and legally embarra$$ing when such flagrant disregard happens not in a military era, but in a democratic dispensation where.
i. The NERC Chairman is not only a Legal Practitioner, but having practiced with one of our greatest legal icon, Late Chief Gani Fawehinmi, even conducting the Trial of Late Ken Sarowiwa with him.
ii. The Honourable Power Minister is a Senior member of the bar, a Senior Advocate of Nigeria.
iii. The Vice – President who has been backing up the Increment (amidst insistence by the Senate who described attitudes of Power Sector as “Unfair Trading Practices”, amidst warming by House of Representative that Incrementation this biting economy recession will mean insensitivity) is also another respected Senior Advocate of Nigeria).
Won’t it have been neater, won’t the court have felt highly honoured, won’t it have portrayed a great hallmark of respect for the rules of law, if the Respondents had Initiated Terms of Settlement out of Court with all those proposals put down as Terms of Settlement for consent judgment of the Court do you think there is anyone who will not like it?
Whatever good or evil a man does will forever live after him. If you prefer ignoring this path of honour it shall go down in History that a Vice – President, a Power Minister, both Senior Advocate of Nigeria together with another Senior Member of the Bar, Chairman of NERC, flagrantly in conspiracy against the plight of exploited Nigerians, in glaring intoxication of political power, disrespectfully disregard rules of law and subsisting Court’s Order.
Your Excellency Sir, In furtherance to my SMS sent to your phone, I obtained the subsisting court order in May 2015 against NERC’s Unfair Trading Practices not for any personal gain.
1. We challenged NERC in Court for a better service delivery to Nigerians, electricity supply must be balanced with tariff Increment. The issue affect us all, including you and I.
a. Right Now, Nigerians are not even getting value for what they are paying, despite government investment of about $20Billion for the past 10 years with no significant improvement, is it the money to be raked from the already exploited consumers that they now want to use to bring significant change?
b. Yes we agree that private investors are doing business and should make profit, but had failed to do their home work well and so could not anticipate and appreciate the enormous challenges before poking their heads, more so there is lack of professional management of the power sector, should the innocent consumers be at the receiving end?
c. NERC argument for fixed charge is that it is universal and shall be to service permanent investments like cables, poles, transformers e.t.c, yet they are not providing 24hrs light as supplied by those countries, the initiators of the fixed charge. Till date, communities are still providing poles, cables and transformers for their own use. Thank God the fraudulent fixed charge is now abolished.
d. Non-availability of meters is intentional, as it allows the DISCOS to get anything they want through the outrageous estimated billings, despite the N2.9B metering subsidy made available for this purpose by the Federal Government (details of this fact is in Further and Better Affidavit dated 16th July 2015 aforementioned in my SMS to you)
2. I don’t want you to be deceived or be misled or destroy the good name made so far in Nigeria, but if care is not taken, all these good marks made on sand of time can be unconsciously ruined, particularly with your desire to make a quick charge in the power sector. You must be adequately informed and systematic about it. We want the best for you and for Nigeria.
You had served the people well in Lagos, and unimpeachable record which God used to humble your foes who did everything to damage your image and prevent you from ministerial nomination which convinced the president from being carried away by their antagonism.
3. Sir, I still strongly insist that you get from Chief Anthony Idigbe (SAN) for NERC (08023969381) or from Olaniwun Ajayi’s Chamber (08029305505) for the DISCOS, our Further and Better Affidavit dated 16th July 2015, this process will readily a$$ist you, keep you duly informed on the transformation you want in the Sector, providing necessary direction and platform for your inherent ability of change, in solving the protracted problems in power sector and doing same without tarnishing your good image and enduring public acceptance. Don’t forget that when you live the present position, you are still coming back to us and what you make of the present and where you place the ma$$es in your heart will largely determine your future acceptability. My Brother, do everything in consciousness of this and be wise about it.
Finally sir, increasing tariff amidst the tangled web of power instability and supply of gross darkness will be totally unacceptable, pains inflicting and wickedness to Nigerians.
More Importantly is the subsisting court order not to increase tariff until same is determined. As a Senior member of the bar, you know the full implications of this, as such negates the rules of law, we will not hesitate to bring contempt charge against whosoever acts contemptuously against the subsisting order of court, infact the form 48 and 49 are already prepared against who-will-be defaulter. Find attached the subsisting court order and a letter to the CJ Federal High Court, buttressing some issues to keep you informed.
I remain sincerely yours, in what you and I believe, to make this Nigeria the great Nation of our dream.
Toluwani Yemi Adebiyi Esq