Wednesday, 15 April 2015

Image result for electricity powerwho bought the successor electricity generation and distribution companies unbundled from the defunct Power Holding Company of Nigeria, following the emergence of Maj.-Gen. Muhammadu Buhari (retd) as President-elect.

The Federal Government had on November 1, 2013 handed over 17 power firms to private investors in a bid to reverse the dwindling fortunes of the power sector.
The investors, according to an industry source who partook in the privatisation process, are now concerned that the Buhari-led government may shake up or upturn the privatisation exercise carried out by the President Goodluck Jonathan administration.
“There is serious apprehension among the private investors who bought the privatised power firms over the fate of the assets they acquired, considering that a new government will take over next month,” the source, who asked not to be identified, told our correspondent.
But an energy law and policy expert, who is also a Senior Associate at Banwo and Ighodalo, a Lagos-based law firm, Mr. Ayodele Oni, believes that the Buhari regime will not upturn the already concluded privatisation of the power sector.
“Upturning same is inviting economic chaos and serious banking industry crisis as about 75 per cent of the financing came from Nigerian banks, and in many of those instances, almost outside their lending limits,” he said.
According to him, what the new administration may very likely do is to enforce the agreed performance thresholds and standards.
Oni said, “I believe the Vice-President-elect, who is likely to oversee the power sector, understands the nuances of the power sector and is, therefore, unlikely to take that approach.
“The key issues the new government may want to look at, in relation to the privatisation, are: whether the new owners of the power companies are complying with the terms of the sale, and in particular, whether every purchaser indeed completed payment, and even more importantly, whether they are fulfilling their performance obligations in terms of volume of power generated and the reduction of aggregate, technical, commercial and collection losses.”
According to him, a transaction the administration might, however, want to review is that relating to the Enugu Distribution Company, and in particular, Prof. Bart Nnaji’s Geometric.
“I expect the administration to continue the reforms and to continue to implement the privatisation plan, with adjustment to cater to the privatisation/aggressive improvement of the grid, as the power value chain is only as strong as its weakest link (currently the grid and gas supply),” Oni added.
He said more action needed to be taken in relation to gas, adding that more support should be given to certain individuals in the power and gas subsector who had performed well and same should not be relieved of positions they currently occupied.
An energy expert and Technical Director, Drilling Services, Template Design Limited, Mr. Bala Zakka, noted that one of the key agendas of the incoming govern would be to tackle corruption, but said, “As far as the power sector is concerned, we will not expect the new government to just come and cancel or try to denigrate what has been in place.”
He added that the incoming government would, however, carry out a detailed audit of the privatisation process, adding, “Our expectation is that the probing will be done for justice and fairness.”
The Head, Public Communications, Bureau of Public Enterprises, the agency in charge of the privatisation exercise, Mr. Chigbo Anichebe, told our correspondent, “We don’t know the cause of their (private investors) concern. Privatisation started in 1988 under Gen. Ibrahim Babangida and not one that I can recall has been upturned.
“We have done privatisation, especially of the power sector, transparently and it has been acclaimed by the international community as one of the most transparent transactions ever in the history of privatisation.
“So, I don’t know why they should be concerned. What they need to do is to do their own part by investing more and growing the sector.”
The Discos and their owners include Ikeja Electric (NEDC/KEPCO Consortium), Jos Distribution Company (Aura Energy Limited), Kano Distribution Company (Sahelian Power SPV Limited), Port Harcourt Distribution Company (4Power Consortium), Yola distribution Company (Integrated Energy Distribution & Marketing Limited), and Abuja Distribution Company (KANN Consortium Utility).
Others are the Benin Distribution Company (Vigeo Power Consortium), Eko Distribution Company (West Power & Gas), Enugu Distribution Company (Interstate Electrics Limited), Ibadan Distribution Company (Integrated Energy Distribution & Marketing Limited) and Kaduna Distribution Company (Northwest Power Limited).

Former  President Olusegun Obasanjo
A Federal Capital Territory High Court in   Abuja has lifted the injunction barring former President Olusegun Obasanjo from publishing his autobiography, My Watch.
The same court had in December   2014 ordered law enforcement agencies to confiscate the three-volume book when it was discovered that it had been published before the order   was made.
But on Tuesday, Justice Valentine Ashi of the FCT High Court ordered the release of seized copies of the book from the custody of the Nigerian Customs Service to Obasanjo.
He   set aside the order of injunction   upon an application by Obasanjo’s lawyer, Kanu Agabi (SAN).
The court asked the Customs not to collect demurrage on the book for the period it had overspent in their custody.
The court upheld Agabi’s argument that the applicant, Buruji Kashamu, suppressed vital facts to obtain the order.
Kashamu , a Peoples Democratic Party Senator-elect,   is   pursuing a N20bn libel suit against Obasanjo in the court .
No journalist was in court when the judge lifted the injunction on Tuesday. The ruling was to have been delivered   on March 30 but was deferred and a new date(Tuesday) communicated to the parties.
Kashamu had on December 10, 2014 obtained the injunction from the court through an ex parte application which he filed in the N20bn libel suit against Obasanjo.
Kashamu had anchored his prayer on the argument that some parts of the book related to the subject matter of the libel suit – a letter dated December 2, 2013 written by Obasanjo to President Goodluck Jonathan.
Kashamu had instituted the suit against Obasanjo for   describing him as a fugitive wanted for drug offences in the United States.
Obasanjo’s letter to Jonathan   was widely published in the electronic and print media.
On December 5, 2014, Justice Ashi granted an ex parte application restraining Obasanjo from publishing the book pending the determination of the libel suit.
But Obasanjo went ahead to present the book to the public in Lagos, an act which the court held on December 10, 2014, as contemptuous.
Following the development, the court ordered security and law enforcement agencies, including Customs to confiscate the book anywhere it was found.
The judge in his ruling on Obasanjo’s application on Tuesday upheld Agabi’s argument that the order of injunction was wrongly made.
Agabi, a former Attorney-General of the Federation and Minister of Justice, had maintained that the court made the order outside of its jurisdiction.
He   said, “The single ground of this application is that, in a case of libel, an interlocutory injunction does not lie to restrain publication in the face of a defendant pleading justification.
“The defendant (Obasanjo) is pleading justification. In paragraph 24 of our counter-affidavit, the defendant said his claim about the plaintiff is correct, true and justified from records available in the federal court of the US.
The former minister, who is also a Senior Advocate of Nigeria, said the court had “issued the order without jurisdiction.”
“The moment an interlocutory injunction is granted, the issue is prejudiced, fair hearing is prejudiced,” he said,   arguing also that the court could only validly bar publication in a libel suit after the case of libel had been proved against the defendant.
But Kashamu’s counsel,   Alex Iziyon, urged the court to dismiss Obasanjo’s application seeking to set aside the December 10, 2014 order.
He argued that since the order had been enforced by Customs, the police     and other security agencies, the application had lost its relevance.
Iziyon told the court that Customs authorities had recently requested a copy of the order when their men intercepted a container-load of the book.