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Power tariffs reversal push by Labour hits brickwall

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  • Panel members disagree on gas subsidy for GenCos
  • Keyamo: we are making progress

Labour’s push for the reversal of hike in electricity tariffs may have hit the brickwall.

This is because of the high cost of gas – the critical component used by the Generating Companies (GenCos) to power their plants.

The GenCos sell power to the Distribution Companies (DisCos) which take it to the end-users.

Highly-placed sources close to the committee set up by the Federal Government to look into the pricing of electricity said there has been no agreement among committee members as to whether gas is subsidised or not.

Labour threatens to call workers out on strike to protest last month electricity tariffs.

The setting up of a seven-man committee to review the electricity tariffs is the product of negotiation to starve off the industrial action.

The government also compelled the DisCos to put on hold for two weeks, the new tariffs to enable the committee to meet and submit a report.

The deadline for the committee expires this weekend.

The Technical Committee is made up of Minister of State for Labour and Employment Festus Keyamo, (Chairman); Minister of State Power, Godwin Jedy-Agba – member; Chairman, National Electricity Regulatory Commission, Prof. James Momoh – member and the Special Assistant to President Muhammadu Buhari on Infrastructure, Ahmad Rufai Zakari as Secretary.

Others are: Dr. Onoho’Omhen Ebhohimhen – member (NLC); Deputy President of the NLC and Secretary-General, Nigeria Union of Electricity Employees (NUEE), Comrade Joe Ajaero – member; Comrade Chris Okonkwo – member (TUC) and a representative of Power Distribution Companies (DisCos) – member.

It was gathered that one of the recommendations on the table is a further halt in the implementation of the new tariffs beyond the  two weeks.

The source said: “We have not really concluded. We will conclude this week, but the conclusion of the work of the committee this weekend cannot give us what Nigerians are looking for. It is not a factor that you just wake up and say it is this amount and it is not this amount. There are some other determinants.

“Let me give you this without making reference to the work of the committee. The greater chunk of the money is spent on gas. Gas is their main source of generation. They had to now dollarise gas before they now price it at the GenCos.

“If GenCos now allegedly buy gas in dollar, then they now pass the dollar price to consumers.

“If we are able to address this matter by looking at policy directives especially on gas pricing, if we go through that process, then definitely we are going to puncture the issue of tariff no matter what they are going to pay.

But where we are having serious divergence is on the issue of whether actually there was  subsidy. Some of us said there is no subsidy but the government is claiming there is subsidy.

“These are still not things you can do within two weeks. So, the work of the committee may take more time to look at it critically. We are trying to see if there is anything we can do in order to submit our report within two weeks deadline.

“But the job that will lead to a reversal is not a job of two weeks. Some of them require policy direction.

“We will revert to the house at the end of the two weeks to submit our report. If they succeed on sitting in this freeze (suspend the implementation of the tariff) until the final report is done, fine.

“If we are able to get this minor relief until the final report is done, fine. That is what we are working on for now. We are still working but we have not fully agreed on anything to push out to the people now.”

The source said the two weeks given to the committee to work on the issue was not enough.

“We are working tomorrow through the weekend. We have done a lot of reading and consultations with stakeholders. We need to tidy up our report and submit and take another directive.

“You can’t do within two weeks and say reverse. If you know how  these people are buying gas, the question will be — should they buy it at this rate? We will find out. We also need to look at the policy in the oil and gas sector in terms of dollarising gas before.

On the need to further suspend the implementation of the new tariff, another source said: “Those are things we have not agreed upon. These things are on the table, options are on the table. Before the weekend we will concretise those options.

“Even those things you are saying now we have not agreed on them until they are ratified by our bosses. But options are on the table.”

Keyamo declined to comment on the work of the committee when contacted last night.

He said: “We are making progress. When the larger house meets, most likely this weekend, the details of the communique may be made known but like I said we are making progress, the details I cannot reveal now but we are making progress.”

The Seven-man Technical Sub-committee to review the increase in electricity tariff by the Federal Government was inaugurated on September 28.

The committee had its first sitting at the minister’s conference room last month.

The committee was set up at the end of a marathon meeting between the Federal Government and organised labour to avert last month’s planned strike.

The committee is expected to examine the justifications for the new policy in view of the need for the validation of the basis for the new cost reflective tariff as a result of the conflicting information from the field which appeared different from the data presented to justify the new policy by NERC and metering deployment challenges.

The other mandates of the committee are as follows:

  • To look at the different Electricity Distribution Company (DISCOs) and their different electricity tariff vis-à-vis NERC order and mandate.
  • Examine and advise government on the issues that have hindered the deployment of the six million meters.
  • To look into the NERC Act under review with a view to expanding its representation to include organised labour.
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Tinubu Unveils $7bn Plan to Drive Ogun Deep Seaport, Special Economic Zone, Says Onanuga

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President Bola Tinubu has unveiled an investment package of more than $7 billion for the development of the Ogun State Blue Marine Special Economic Zone and the Gateway Deep Seaport, describing the projects as a major step towards strengthening Nigeria’s maritime economy and attracting foreign investment.

In a statement by his Spokesman, Bayo Onanuga, on Thursday, the President spoke in Paris, France, during the signing of Memoranda of Understanding between the Ogun State Government and DP World, a global ports and logistics operator, for the development of the projects.

Tinubu assured domestic and foreign investors that the Federal Government would continue to provide regulatory clarity, policy stability and a predictable business environment to support long-term investments in Nigeria.

“The agreements before us bring together vision, expertise, capital and execution capacity. I particularly welcome DP World, one of the world’s leading port and logistics operators,” the President said.

He added that the Federal Government would provide the necessary regulatory and institutional support to ensure that the projects moved seamlessly from agreements to implementation.

According to the President, the agreements are expected to attract an initial investment of more than $7 billion into the Nigerian economy and create over 50,000 direct jobs when fully developed, alongside additional indirect employment opportunities.

Tinubu said the projects would also generate non-oil export earnings and contribute to Nigeria’s economic diversification.

“This is economic diversification made tangible. This is industrialisation made visible. This is Renewed Hope in action,” he said.

The proposed Gateway Deep Seaport at Ogun Waterside will have a four-kilometre berth and an 18-
metre draft. The facility is expected to help decongest the Lagos port corridor and ease pressure on the Apapa and Tin Can Island ports.

The president said the deeper draft would enable the port to accommodate larger vessels while providing a competitive gateway for trade within Nigeria and across the African Continental Free Trade Area.

He noted that the proposed Ogun State Blue Marine Special Economic Zone would cover about 10,000 hectares and would be integrated with the deep seaport to support manufacturing, processing, exports and logistics.

“The Gateway Deep Seaport is the critical infrastructure that will support the zone’s viability. A port moves cargo; a port integrated with a special economic zone helps to build an economy. Each reinforces the other,” Tinubu said.

He said the Federal Government would facilitate road, rail and power connectivity to the projects, while strengthening investment security and the maritime domain and removing unnecessary bureaucratic obstacles.

The president also linked the projects to the Lagos-Calabar Coastal Highway, describing the Ogun section of the road as a critical transport connection for the emerging industrial and maritime corridor.

“The Lagos–Calabar Coastal Highway is central to this corridor’s commercial viability,” he said, adding that the 28-kilometre Ogun section of the 700-kilometre highway was scheduled for completion before the end of the year.

Tinubu said the port and industrial zone would also form part of a wider strategic corridor linking the proposed Nigerian Navy Operating Base and Dockyard with the OK LNG Project.

The President commended Ogun State Governor Dapo Abiodun and his administration for securing the land and structuring the investment framework.

“I commend Governor Dapo Abiodun and the government and people of Ogun State for securing the land, structuring the investment framework and reducing project risks for global investors,” he said.
Governor Abiodun led the Ogun State delegation at the signing ceremony, which also included state commissioners and other senior officials.

Senior representatives of DP World, the Nigerian Ports Authority and SkyKapital were also present at the event.

Tinubu urged Ogun State and the investors to maintain the momentum created by the agreements and move quickly towards implementation.

“Nigeria lies at the heart of West African trade. Yet, our strategic advantage has been constrained by port congestion, inadequate draft capacity and logistics bottlenecks that increase the cost of doing business. These projects respond directly to those constraints,” he said.

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Happy Birthday to Me! 🎂🎉

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Today, I celebrate myself and give all glory and thanks to Almighty God for the gift of life and for bringing me this far. I am grateful for the opportunity to be alive, healthy, peaceful, happy, and prosperous.

As I celebrate another year today, I pray for greater blessings, wisdom, good health, peace, success, and abundant prosperity in the years ahead.

May this new chapter of my life be filled with joy, favour, wonderful opportunities, and fulfilment of my heart’s desires.

Happy Birthday to me! 🥳🎉
Congratulations to me on this special day. 🙏❤️🎂

I wish myself many more happy and prosperous returns. Cheers to a beautiful new year of my life! 🥂🎉

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Update : Mambilla: Nigeria Wins $2.35bn ICC Arbitration, Tinubu Hails Buhari, Obasanjo

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The International Chamber of Commerce tribunal in Paris has ruled in favour of Nigeria in the arbitration brought by Sunrise Power and Transmission Company Limited over the Mambilla Hydroelectric Power Project in Taraba State.

President Bola Tinubu, in a statement issued on Thursday by his Special Adviser on Information and Strategy, Bayo Onanuga, said the tribunal rejected the claims by Sunrise.

The company had sought $680m from Nigeria as a settlement sum and interest in relation to a separate arbitration in which it is claiming more than $2.7bn in compensation and interest over disputes surrounding the development of the 3,960-megawatt Mambilla project.

However, the tribunal, as reported by The Cable, also dismissed Sunrise’s claim for $400m arising from the 2020 settlement agreement, according to the details of the award reported on Thursday.

It further ordered Sunrise and its promoter, Leno Adesanya, to reimburse Nigeria 75 per cent of its legal fees and expenses, amounting to $11.82m.

The tribunal also reportedly declared that Adesanya was bound by the arbitration agreement with Nigeria under the settlement agreement and its addendum and that it had jurisdiction over Nigeria’s counterclaim against him and his firm.

In the statement, Tinubu said the ruling demonstrated the government’s determination to defend the country’s interests.

“This latest decision affirms the Nigerian State’s determination not to succumb to predatory and exploitative claims by corrupt local and international entities and their enablers and funders,” he said.

The President commended the Attorney-General of the Federation and Minister of Justice, Lateef Fagbemi, and officials of the Federal Ministry of Justice for their role in the case.

He also commended former President Olusegun Obasanjo and the late former President Muhammadu Buhari, who testified in the arbitration.

“I also commend the FRN defence team, led by Ms Elizabeth Oger-Gross and Mr Tolu Obamuroh, both of Paul Hastings LLP, for their professional and excellent defence of the country.

“I commend the patriotism and support of former President Olusegun Obasanjo, GCFR, and late President Muhammadu Buhari, GCFR, who testified in the case, which dated back to an illegal 2003 contract to build a 3,050-megawatt hydroelectric plant in Taraba State under a build-operate-transfer model.

“The Federal Executive Council never authorised the contract. I thank the other witnesses in this case, including former Ministers Babatunde Raji Fashola, SAN, and Suleiman Adamu, and the experts, for their active participation in defending Nigeria’s interest in the arbitration,” the statement read.

“I want to assure you that while our country remains committed to partnering with genuine investors and honouring its legal obligations, it will continue to defend all opportunistic claims instituted against our commonwealth strongly.

“Today’s ICC ruling clears the single biggest legal hurdle that has paralysed the Mambilla hydro power project for years,” Tinubu said.

The dispute dates back to an agreement under which Sunrise claimed it had been awarded the contract to construct the Mambilla project.

The company commenced arbitration against Nigeria at the ICC International Court of Arbitration in October 2017, seeking about $2.354bn over an alleged breach of contract.

The parties later entered into a settlement agreement in 2020, under which Nigeria was to pay Sunrise $200m.

A subsequent dispute arose after the government did not make the payment, leading to another arbitration in which Sunrise sought $400m, comprising the $200m settlement sum and a $200m default payment.

In Thursday’s award reported by The Cable, the tribunal rejected Sunrise’s claim that Nigeria had breached its obligations under the settlement agreement and its addendum.

It also rejected the company’s demand for the $400m settlement and default sums.

The Cable reported that the tribunal fixed the arbitration costs at $1.6565m, with Sunrise and Adesanya responsible for 75 per cent and Nigeria for 25 per cent. Of the $11.82m in legal fees and expenses awarded to Nigeria, $2.5m is to be recovered from funds held in escrow by the ICC, while the remaining $9.32m is payable by Sunrise and Adesanya, with interest at 10 per cent annually, compounded annually, from notification of the final award until payment.

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