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The N13.5bn civil war between Adeleke’s power plants, NERC and NBET

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The N13.5bn civil war between Adeleke’s power plants, NERC and NBET

When the next managing director of the Nigerian Bulk Electricity Trading Plc (NBET) assumes office, one of the knotty issues he will have to crack is the N13.5 billion claim by Sepco-Pacific Energy Co Ltd, owners of Omotosho and Olorunsogo power-generating plants.

The controversy over the payment is believed by industry insiders to have contributed in no small measure to the non-renewal of the appointment of Marilyn Amobi as the NBET MD — although TheCable understands that there were a cocktail of other factors.

The disputed claims are in two parts — the N5.2 billion deducted from Sepco-Pacific’s account by NBET in respect of foreign exchange differentials and another N8 billion “surplus payments” to the two GenCos.

NBET has stood its ground despite reported directives from Vice-President Yemi Osinbajo and a ruling by the power industry regulator, the Nigerian Electricity Regulatory Commission (NERC), that the company, owned by Deji Adeleke, should be paid.

Adeleke — father of Afrobeats mega star, Davido — has threatened to take NBET to international arbitration in London if the payments are not made to his company.

The federal government has become paranoid over international arbitration following its experience with P&ID Ltd in a failed gas processing agreement which has placed a record $9.6 billion liability on Nigeria.

WHAT IS THE DISPUTE?

The plants in Olorunsogo, Ogun state, and Omotosho, Ondo state, which can generate 304mw each, are owned by Sepco-Pacific Energy.

Adeleke, who holds a PhD in international business, is the chairman of the company.

In September 2013, his GenCos entered into power purchase agreement (PPAs) with NBET — the company that buys power from GenCos and sells to DisCos and then settles the invoices.

Under the PPAs, the base exchange rate to be used in calculating the payments was fixed at N157/$, although there was a provision for “true-up invoices” which would reflect the actual rate in invoicing the DisCos.

However, NBET raised issues with the invoices, maintaining that Sepco-Pacific had wrongly used a different base exchange rate — N157/$ — and that the rate should be N169/$ for the invoices in question.

With a lower exchange rate, Sepco-Pacific would get more dollar value from the payments. The adjustment to N169/$ lowered its claims by N5.2 billion.

Sepco-Pacific contested NBET’s decision to use N169/$1 and escalated the matter to NERC.

In its determination in April 2017, NERC directed NBET to use N157/$1, and that meant paying Sepco-Pacific the N5.2 billion in dispute.

Also in dispute is the N8 billion paid to Omotosho and Olorunsogo for power supplied to DisCos through the national grid.

Payments made to four plants — including the N8 billion to Omotosho and Olosunsogo — were above what was approved by President Muhammadu Buhari and NBET has insisted that it must be refunded as directed by the federal government.

In 2016, Olorunsogo had received $13,782,130 (N4,208,535,131.25, at the prevailing exchange rate) and Omotosho got $13,166,466.88 (N4,020,520,405.38) — in excess of what the president approved.

Following a reconciliation of accounts contained in a report dated May 23, 2019, NBET was directed by the federal government to deduct the overpayment to the four power plants, out of which Omotosho and Olorunsogo had to return over N8 billion.

Meanwhile, NBET also alleged that from May 1, 2018 to June 30, 2019, Sepco-Pacific was earning a premium of N200 million monthly and would have to refund over N15 billion as a consequence.

According to NBET, the amount will be used to “reduce” the indebtedness to Adeleke’s company.

In effect, Sepco-Pacific will now be owing rather than being owed — if its N13.5 billion claim is deducted from the premium of over N15 billion it earned for 13 months.

A LITANY OF LETTERS

In a letter dated May 4, 2020, Adeleke had listed his grievances with NBET and threatened to head to arbitration in the UK.

His major grievances were that NBET refused to comply with NERC’s ruling that N157/$1 being used instead of N169/$1 and that NBET also refused to pay the N8 billion — which it had withheld following the presidential directive.

He also complained that with regards to the March 2020 invoice, NBET refused to use the quantities in the PPAs but opted for the capacities in the final settlement statement issued by the DisCos to process the payment for the electricity delivered to the national grid by Olorunsogo and Omotosho.

In the letter seen by TheCable, Adeleke told Amobi: “NBET, under your leadership have severally ignored NERC’s rulings and acted beyond your authority on anything that concerns Olorunsogo & Omotosho Power Plants. But very soon you will have to explain to the whole Nigeria the reason you are out to destroy Olorunsogo and Omotosho Power Plants. Your type does not build anything but destroys. Instead of encouraging investors in the Power Industry you are out to destroy investments.

“In your almost 4 years as MD NBET, you have not added value to the Nigerian Electricity Industry. Instead of payments from DISCOs increasing, it is decreasing, and it does not bother you. How many new Investors have you attracted to Nigeria? How many PPAs have you executed since you came to office? The Nigerian Electricity industry will not GROW as long as you are allowed as MD of NBET to disregard NERC, the Industry Regulator without consequences.”

Adeleke accused her of playing soft with DisCos, suggesting that there is something untoward going on.

“You have not done anything in almost 4 years to insist that DISCOS make the Minimum payment on the Electricity GENCOs GENERATE at HUGE COST and high Indebtedness to Banks. Why have you been shielding the DISCOs? Why have NBET NOT DRAWN ON DISCOS’ LETTERS of CREDIT to pay the GENCOs? Why have NBET not written an ordinary DEMAND LETTER to the DISCOS with a threat that their L/Cs will be DRAWN upon? These are questions you need to answer to the whole industry and explain the seemingly unholy alliance between YOU and the DISCOs,” he wrote.

“You deducted the sum of N5.25 Billion from Olorunsogo & Omotosho Power Plants and refused to refund the money almost 2 years after NERC ruled that the Base Exchange Rate, which you unilaterally and illegally changed to N169/$, should remain the same at N157/$ as stated in the PPAs. And as a result of your refusal to refund the N5.25Billion, Olorunsogo and Omotosho Power Plants had to borrow money to pay 100% of Gas Invoices for period of January 2019- September 2019. You also deducted from the amount NBET owes Olorunsogo & Omotosho Power Plants the sum of over N8Billion claiming that the Market Operator overpaid both Power Plants despite the RECONCILIATION signed by the Market Operator and Power Plants, without the courtesy of informing the Power Plants in writing for such a huge amount.

“According to the PPAs the Tariff for both Capacity & Energy becomes lower in the 7th year of the Contract, which NBET implemented immediately on Olorunsogo Power Plant on the commencement of its 7th Year, and that is perfectly in order. However you have refused to recognize the Exchange Rate True Invoices submitted by Olorunsogo & Omotosho Power Plant, which is provided for in Schedule 6 of the PPAs, saying each time that NBET is not ready to treat Exchange Rate True-ups yet. The PPAs did not give NBET the liberty to decide ‘if & When’ the Exchange Rate True-up invoices will be recognized and accepted.

“One can safely conclude that any provision of the PPAs that reduces the Plants revenue is implemented without delay, while any provision of the PPAs that will increase the Plants revenue is delayed indefinitely.  How  can  any company survive under this type of business atmosphere under your leadership of NBET? This type of poisonous business atmosphere only lays the foundation for blackmail and corruption.”

AMOBI STANDS HER GROUND

However, Amobi, in her response dated June 8, 2020, maintained that she did not do anything wrong, pointing out the clauses in the various agreements which stipulate the basis for the calculation of quantities and make provisions for corrections where errors occur.

She said in the market rules the plants signed with the market operator, disputes on quantities and settlement data are not supposed to be referred to either NERC or NBET but are to be resolved between the participant (GenCo) and the market operator (DisCo).

She also said it was not a matter to be taken to arbitration.

On the use of base exchange rate of N157/$1 and N9.47kWHr as derivable tariff as directed by NERC, Amobi said the commission appeared not to be conscious of the fact that the exchange rate “does not exist in its MYTO Order of the same Commission as a Base Exchange Rate that would be used to architect the tariff of generation companies in 2013”.

She wrote: “NBET is, however, concerned that the Commission justified its ratification of the erroneous N157/US$1 on the suggestion that the derivable tariff of NGNN47kWHr is lower than the NGN10.423/kWHr that was originally sought.

“In NBET’s opinion, if the Commission carried out a further robust analysis of the elements of the derivable tariff viz-a-viz the assumptions in the MYTO for generation companies in 2013, it would have discovered that your companies earn a premium of over N200Million each month.

“Furthermore, NBET believes that the reason the Commission put forward to justify the asking that your base exchange rate be reversed to NGNN157/US$1, is NOT a criterion for setting rates in network utilities.

“By a forensic evaluation of the elements of the tariff for each of the power plants in its portfolio, NBET discovered that your plants had a Base Exchange Rate of N157/US$1 and not N169/US$1 as contained in the Multi Year Tariff Order of the Commissions that was in effect in 2013 when the PPA was executed; and which was the basis for arriving at the base tariffs for both Olorunsogo and Omotosho.”

VICE-PRESIDENT OSINBAJO ‘INTERVENES’

While NBET was preparing its response to NERC over the disputed claims, Adeleke reportedly got Osinbajo involved in the dispute.

In her letter, Amobi wrote: “Sadly, before NBET could conclude and file its representation to the Commission, you escalated the matter to the Vice-President, whom noting that the applicable Base Exchange Rate for your power plants must be the N157/US$ that is contained in the executed PPA and no more, directed NBET to implement the N157/US$ with immediate effect.

“As you know, the approximate sum of N5.2b that you claim NBET owes to your power plants, as a result of using an ‘incorrect’ Base Exchange Rate of NGNN169/US$1 over the thirteen (13) months (1st of May, 2018 to 30th of June, 2019), before the VP ratified the N157/US$1, was charged to the respective debt outstanding’s due to your power plants.

“NBET is concerned about your persistent quest for NBET to still pay your power plants the said sum of N5.2Billion, despite knowing that the said sum is still in dispute and NBET is yet to pass this cost onto the distribution companies. It is even so when you have deployed all forms of tactical approaches to having these funds paid to your companies without the conclusion of the processes that we need to follow to aggregating the premium your power plants have earned which should be refunded and passed on to the consumers from whom your companies took the funds from.

“You have done the following: issued threats to the MD/CEO at different occasions and sought interventions from our principals in government. In the latter, you often present to them chronicles of the situation which you know to be untrue. Seeing that you have not made any progress, you have now resorted to use the print and social media to, in our opinion, blackmail the company and the government.

“As you know, by the forensic evaluation NBET carried out in 2017, we discovered other generation companies like your power plants who earned premiums. We have since then concluded and clawed back N18.9Billion as well as US$76Million from two separate power plants.”

It would appear premium taking — via the use of lower base exchange rate and other means — is a common practice.

Amobi said in her memo that NBET was about to claw back about $14 million from another power plant.

WILL SEPCO-PACIFIC REFUND THE N15BN PREMIUM?

In another response dated June 10, 2020, Adeleke appeared to be further enraged, accusing Amobi of disrespecting Osinbajo.

He said the reference to the vice-president “is not factual and a total misrepresentation of what actually happened and in my opinion an insult on the person of the Vice President of the Federal Republic of Nigeria. It shows how low NBET is willing to go to mislead, so as to justify  its apparent  Breach of Contract and its unwillingness to subject itself to the Regulatory oversight of NERC. I believe that information on a letter that is copied to Ministers, CBN Governor, Chiefs of Staff (COS) to both the President and the Vice President and Chairmen of Government Agencies, should not attempt to distort facts to justify a position that cannot be sustained upon proper scrutiny”.

He said the the total amount of the “illegal deduction in the sum of N5.25Billion” should be paid with all accrued interest “without delay”.

He also said disputes under the PPAs allow for arbitration in London, contrary to Amobi’s claims in her letter.

In what is most likely a coincidence, on June 8 — the day Amobi wrote to Adeleke — Buhari approved that Nnaemeka Ewelukwa, the company’s general counsel and secretary, be appointed as the new NBET MD after her four-year tenure.

Amobi had also been at loggerheads with the members of the house of committee on power who had hot exchanges with her during an oversight visit to NBET earlier in the year.

Ewelukwa, the new man in the saddle, will have to deal with the fractious relationship between NBET and Sepco-Pacific Energy Co Ltd.

Industry watchers will also wait to see how he will handle the issue of refund of premium as stated in Amobi’s letter: “We look forward to having our next conversation on the premium you have earned on the Base Exchange Rate of NGN157/US$1 since 2013, which we need to claw back and reimburse consumers through the distribution. As you know, this aggregated sum which we estimate to be over N15Billion, will significantly reduce the debt the FGN owes to your company through NBET, pursuant to the terms of the take or pay PPA your generation companies hold.”

Job Scam: Be Mindful Of Fraudsters, Immigration Warns Nigerians

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Job Scam: Be Mindful Of Fraudsters, Immigration Warns Nigerians

Authorities of the Nigeria Immigration Service (NIS) have warned jobseekers to be mindful of fraudsters while seeking to be enlisted into the service.

The Service Public Relations Officer, James Sunday, gave the warning in a statement on Tuesday while reacting to reports that the NIS was recruiting.

“The attention of the Comptroller General of Nigeria Immigration Service Muhammad Babandede MFR has been drawn to a fake NIS recruitment scam site and link posted on social media by fraudsters with the intention of defrauding innocent and unsuspecting Nigerians of monies.

“The Service had warned severally and is still warning good spirited Nigerians to avoid such fake recruitment offer which is not officially posted on the official NIS website,” he said.

According to Sunday, no fee is charged for NIS recruitment and jobseekers should avoid falling victims to criminal elements.

He stressed that the NIS would always publish and announce its official recruitment and notifications through credible dailies and media platforms.

The Politics Of Ajimobi’s Death By Reuben Abati

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The Politics Of Ajimobi’s Death By Reuben Abati

Governor Makinde’s administration should not form the bad habit of breaking the law, no matter what! It was further established that the Governor issued a signed condolence statement and had also made efforts to reach out to Mrs. Ajimobi. He also ordered that the flag should be flown at half-mast in honour of the deceased.

Except something else occurs that grabs the headlines and dominates Nigerian social media, the big news of the past week would probably be the death of Senator Abiola Ajimobi and the political drama that it has generated.

Senator Ajimobi served as a Senator between 2003 -2007. He was Governor of Oyo State between 2011 – 2015, 2015- 2019. He achieved the distinction of being the first Governor in that state to be elected for a second term in office. He broke the jinx. His tenure as Governor was quite controversial with mixed results and divided opinions. He was a very frank and outspoken Governor who was also very conscious of his social status and the powers attached to his office. He was also quite audacious. He engaged the Olubadan in an open battle when he chose in one instance to transform some high chiefs of the Olubadan-in-council into beaded kings.

There was also his infamous confrontation with students of the Ladoke Akintola University of Technology (LAUTECH) who had stormed Government House to protest the prolonged closure of their school. Ajimobi hushed the students up and told them harshly that they should remember that they were in the presence of “the Constituted Authority” of Oyo State. The Oyo State Government under his watch owed arrears of salaries. By the general election of 2019, his party, the All Progressives Congress (APC) stood no chance in the elections. It was generally believed that the “Constituted Authority” had alienated the people he governed so much they were bound to reject the country’s ruling party in the state. As expected, the APC lost the Gubernatorial election to the rival, People’s Democratic Party (PDP) whose flag-bearer Engr. Seyi Makinde is the incumbent Governor of the state.

Reuben Abati

In 2019, Ajimobi also sought election into the Senate. Nigeria’s Upper Chamber is increasingly an old people’s home for retired Governors. But he lost the Oyo South Senatorial bid to the candidate, again, of the PDP. He took his case to the Election Petition Tribunal. He lost again. In the face of this rejection, the APC consoled itself with the conclusion that the performance of their party in Oyo state did not amount to a rejection of the APC by the people, but a rejection of Ajimobi’s politics! The same party would later reward Ajimobi with the position of Deputy National Chairman, South West. His admirers insist that he was a hero, a bridge-builder, and an illustrious Ibadan son and politician who made his own contributions to the development of his state and country. His style may just have been a bit brash, they admit.

Man lives. He dies. It is in the nature of all living things to die. Human experiences like love, achievements, social status can bring an individual much fulfilment, but death is the biggest event of our lives. It defines our mortality. It is arbitrary and tragic, because it marks the end of everything. It is not a form of completion, because nobody ever completes life, even a man of 100 still nurses hope, but with death, everything is finished. Death does not grant the dead a say in what happens to him or her: but there is a form of survival to it. The dead survive in social contexts: in the memory of those who love or hate them, and each recollection is absolutely beyond the control of the dead. The dead exist only as social identities. Culturally, we are expected to respect and honour them. This is seen as a moral obligation. We are also likely to feel offended if the people besmirch their memory.

But what we often see is that this moral obligation is merely socially constructed. It cannot be imposed. It is determined by context and relationships.  We have seen this at play with two recent high profile deaths: that of former Presidential Chief of Staff, Malam Abba Kyari, whose death generated so much emotion that it has now formed the substance of a book titled: Abba Kyari –Portrait of a Loyalist: The Good, The Bad and the Ugly Sides of Public Service in Nigeria edited by Magnus Onyibe. And now: the death, at 70, of Senator Abiola Ajimobi. Both men died as a result of COVID-19 related complications. Both died in the same hospital: First Cardiology Consultants in Lagos. But if anyone thought Kyari’s death was controversial, that of Senator Ajimobi would seem to be even more so.

At the centre of the latter is the ugly and totally avoidable conflict between Mrs Florence Ajimobi and the Seyi Makinde administration in Oyo State. During a condolence visit to the Ajimobis led by the Chairman of the Nigeria Governors’ Forum, Dr. Kayode Fayemi, Mrs Ajimobi turned on the Deputy Governor of Oyo State, and accused the Governor, Seyi Makinde of “playing politics” with her husband’s death. She said: “…He didn’t call me. Even if he had called me, I never had his number. He should have sent text messages for record purposes. The Governor of Oyo State never called me. He never signed a condolence message. Never called even when my husband was on sick bed for one month. What politics are you playing please..?”

The outburst was recorded in a video that has gone viral. The Oyo State Government and the Governor have responded almost in equal measure. The revelations have been unpalatable. It turned out that there was some disagreement over where the former Governor should be buried. The Government says the preferred location by the family in Agodi GRA is a land that is under litigation. The permit that was eventually granted to allow Ajimobi to be buried in his Oluyole GRA home, we are told, was even in violation of an existing law. Really? Governor Makinde’s administration should not form the bad habit of breaking the law, no matter what! It was further established that the Governor issued a signed condolence statement and had also made efforts to reach out to Mrs. Ajimobi.  He also ordered that the flag should be flown at half-mast in honour of the deceased.

When Mrs Ajimobi watches that video again in the future, she may regret speaking too hastily. She only needs to do a review of the reactions to her outburst by the public. She has been accused of having “a sense of entitlement”. “Who does she think she is?”, some asked.  The Agodi GRA property where she wanted her husband buried has also become a subject of many uncomplimentary remarks about her husband’s integrity. She has even been told that if she loved her husband that much, why didn’t she shut down her own shop the day her husband was buried? Ordinary Nigerians are not always nice to political leaders dead or alive. Social media has given them such voice and freedom that has turned them into a “Constituted Authority” of their own. But the Oyo State Government should sheathe its sword and not add to Mrs Ajimobi’s grief. Elisabeth Kubler-Ross in a book titled “On Death and Dying” wrote about the “Five Stages of Grief,” and although the emotions of grief are not scientifically chronological, anger is one of them. When people lose loved ones, they tend to be angry for various reasons, until they come to terms with reality. Mrs Ajimobi deserves support, not abuse at this time.

“Constituted Authority” of their own. But the Oyo State Government should sheathe its sword and not add to Mrs Ajimobi’s grief. Elisabeth Kubler-Ross in a book titled “On Death and Dying” wrote about the “Five Stages of Grief,” and although the emotions of grief are not scientifically chronological, anger is one of them. When people lose loved ones, they tend to be angry for various reasons, until they come to terms with reality. Mrs Ajimobi deserves support, not abuse at this time.

More people will probably still disappoint her, but if she must be angry, I believe that the people she needs to be angry with are members of the APC National Working Committee who used her husband as a means to their own political ends. By June 16 when Senator Ajimobi was named Acting Chairman of the party as the in-fighting between factions raged, Ajimobi was said to be on life support. Didn’t they know that? Party spokespersons lied that he was recuperating. By June 18, Fisayo Soyombo, an award-winning journalist had gone on twitter to announce that the Senator was dead. He was challenged. He stood by his story. He said his source has never failed him. On June 25, the National Executive Committee of the APC dissolved the party’s NWC and set up a Caretaker Committee. The same day, Ajimobi’s death was announced. What manner of men are these who will do political 419 with dying and death and turn a man they claim they love into a pawn? Fisayo Soyombo has been vindicated. A journalist is as good as his or her source. He deserves another award for his investigative journalism. And may God, the only “Constituted Authority”, over and above all things, grant Senator Ajimobi, peaceful repose.

Official: Federal Capital Territory names street after Justice Adejumo

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Official: Federal Capital Territory names street after Justice Adejumo

 

In the heart of Abuja, Nigeria’s capital, a street has been named in honour of the former President, National Industrial Court of Nigeria, Justice Babatunde Adejumo OFR (Retired).

The Hon. Minister of the Federal Capital Territory, Hon. Muhammad Musa Bello while unveiling the street expressed that the naming was in appreciation of the retired Jurist service to the Nation.

According to the Hon. Minister, the gigantic National Industrial Court edifice is now situated at No. 1, Justice Babatunde Adejumo Street, off, Tafawa Balewa Way, Area 3, Garki, Abuja.

 

FG slashes marriage licence fees

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FG slashes marriage licence fees

The Federal Government has approved the reduction of marriage licence fees in the country.

Director Press and Public Relations, Ministry of Interior, Mr Mohammed Manga, made this known in a statement on Monday.

Manga quoted the Minister of Interior, Rauf Aregbesola, as making the disclosure in a Public Notice signed by the Permanent Secretary and Principal Registrar of Marriages in Nigeria, Georgina Ehuriah.

The minister approved that the reduction of fees chargeable for services related to the Statutory Marriage under the Marriage Act CAP M6 LFN 2004 to commence from Wednesday, July 1.

He appealed to stakeholders to take advantage of the reduction in fees to licence their Places of Public Worship.

According to him, the fees chargeable for the Issuance of Fresh Marriage Licence to a place of Public Worship has been reduced from N30,000 for two years to N6,000 yearly, payable for five years in the first instance.

He said further that “for the Renewal of Marriage Licence by a Place of Public Worship, the sum of N5,000 has been approved per year, payable for three years at each instance, as against the N30,000 earlier charged annually”.

The minister added that “the fees chargeable for Statutory Ordinary Marriage has also been cut down from N21,000 to N15,000 while that of Statutory Special Licence has been slashed from N35,000 to N25,000”.

Flu virus with ‘pandemic potential’ found in China

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Flu virus with ‘pandemic potential’ found in China

A new strain of flu that has the potential to become a pandemic has been identified in China by scientists.

It emerged recently and is carried by pigs, but can infect humans, they say.

The researchers are concerned that it could mutate further so that it can spread easily from person to person, and trigger a global outbreak.

While it is not an immediate problem, they say, it has “all the hallmarks” of being highly adapted to infect humans and needs close monitoring.

As it’s new, people could have little or no immunity to the virus.

The scientists write in the journal Proceedings of the National Academy of Sciences that measures to control the virus in pigs, and the close monitoring of swine industry workers, should be swiftly implemented.

Pandemic threat

A bad new strain of influenza is among the top disease threats that experts are watching for, even as the world attempts to bring to an end the current coronavirus pandemic.

The last pandemic flu the world encountered – the swine flu outbreak of 2009 that began in Mexico – was less deadly than initially feared, largely because many older people had some immunity to it, probably because of its similarity to other flu viruses that had circulated years before.

That virus, called A/H1N1pdm09, is now covered by the annual flu vaccine to make sure people are protected.

The new flu strain that has been identified in China is similar to 2009 swine flu, but with some new changes.

So far, it hasn’t posed a big threat, but Prof Kin-Chow Chang and colleagues who have been studying it, say it is one to keep an eye on.

The virus, which the researchers call G4 EA H1N1, can grow and multiply in the cells that line the human airways.

They found evidence of recent infection starting in people who worked in abattoirs and the swine industry in China.

Current flu vaccines do not appear to protect against it, although they could be adapted to do so if needed.

Prof Kin-Chow Chang, who works at Nottingham University in the UK, told the Equity News Reporter: “Right now we are distracted with coronavirus and rightly so. But we must not lose sight of potentially dangerous new viruses.”

While this new virus is not an immediate problem, he says: “We should not ignore it.”

Prof James Wood, head of the Department of Veterinary Medicine at the University of Cambridge, said the work “comes as a salutary reminder” that we are constantly at risk of new emergence of pathogens, and that farmed animals, with which humans have greater contact than with wildlife, may act as the source for important pandemic viruses.

BREAKING: FG okays domestic flights’ resumption

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BREAKING: FG okays domestic flights’ resumption

Domestic flights can resume operations across the nation, The Federal Government declared on Monday.

Chairman of the Presidential Task Force (PTF) on COVID-19, Boss Mustapha, disclosed this at the ongoing daily briefing of the task force in Abuja.

Mustapha, who is also the Secretary to the Government of the Federation, said: “I am pleased to inform you that Mr President has carefully considered the 5th Interim Report of the PTF and has accordingly approved that, with the exception of some modifications to be expatiated upon later, the Phase Two of the eased lockdown be extended by another four weeks with effect from Tuesday, June 30, 2020 through Midnight of Monday, 27 July, 2020.

“Specifically, however, the following measures shall either remain in place or come into effect:

“Safe reopening of domestic aviation services as soon as practicable;

“Publication of revised guidelines around the three thematic areas of general movement, industry and labour; and community activities.”

 

National Assembly halts planned hike in electricity tariffs

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National Assembly halts planned hike in electricity tariffs

The leadership of the National Assembly on Monday waded in the controversy on the planned hike in electricity tariffs from July 1st, 2020 and succeeded in convincing the Distribution Companies (DisCos) to defer the plan till the first quarter of 2021.

The President of the Senate, Ahmad Lawan, the Speaker of the House of Representatives, Rt. Hon. Femi Gbajabiamila and other Principal Officers of the two Chambers met at the National Assembly with the Chief Executives of the government electricity regulatory body and DisCos across the country.

Also in attendance were the Chairmen of the Committees on Power from the Senate and House of Representatives,” according to a statement by the Special Adviser (Media) to the Senate President, Ola Awoniyi, in Abuja.

The National Assembly leaders were emphatic at the meeting that the timing of the planned hike was wrong even though they had not much issue with the need to introduce a cost reflective tariff for the power sector to attract the much needed investment.

In the course of the meeting, the DisCos too admitted that they were not well prepared for the planned hike in tariffs even though they so much desired the increase.

The meeting agreed to defer the planned hike till first quarter of next year while the leadership of the National Assembly promised to meet with President Muhammadu Buhari on the issue.

“The agreement here is that there is not going to be any increase in the tariffs on July 1st,” Lawan said at the end of the meeting.

“The Speaker and I, we are going to take appropriate action and meet with the President.

“We are in agreement here that there is no question on the justification of the increase but the time is simply not right and appropriate measures need to be put in place

“So between now and the first quarter of next year, our task will be to work together with you to ensure that we put those blocks in place to support the eventual increase in tariffs,” Lawan said.

Lawan said the government has been doing a lot as part of its obligation to provide some form of Intervention.

“I’m quite aware that for this year, probably starting from last year, over N600 billion was earmarked for this sector to improve.

“The potential increase in the tariffs is definitely something that will be of concern to us in the National Assembly.

“There is too much stress in the lives of Nigerians today and indeed across the world because of the challenges imposed by COVID-19 pandemic and even before then, we had issues that would always make it tough for our people to effectively pay the tariffs.

“One way or the other, for this business to flourish, for this sector to be appropriately fixed, for it to attract investment, something has to give way, there is no doubt about that but it is also crucial that we look at the timing for any of our actions,” Lawan said.

In the same vein, Rt. Hon. Gbajabiamila said the National Assembly is on the same page with the DisCos on the issue of cost reflective tariffs.

“There is time for everything. A well-intended programme or policy of government can fall flat on the face and never recover if you do it at a wrong time. I think we all agree to that.

“There cannot be a time as bad as this for us to increase anything. Forget about electricity, anything. Whereas, even in time of decreasing revenue, we are even reducing the pump price. I don’t know how we can justify an increase in the cost of electricity at this time in Nigeria.

“The good thing is that we have agreed that we need to do something about the cost,” the Speaker said.

Gbajabiamila posed some questions to DisCos and the Nigerian Electricity Regulatory Commission (NERC): “How did we arrive at the tariffs or costs. Who were the stakeholders that were present. What was the role of the National Assembly. More importantly, is the President aware of this because the President is perhaps the biggest stakeholder of all, apart from the Nigerian people.

“Whatever will affect his government is something that should concern all of us. I think this will affect his government. This timing. Not the increase. The timing. I think it will affect his government and if it is going to affect his government, we should all rally around our people, our president and the government to make sure we do the right thing,” Gbajabiamila said.

The representatives of the DisCos said if the planned hike is eventually deferred till next year, the government should continue to bear the difference in the present tariff and what was considered as the appropriate tariff.

In attendance at the meeting were the representatives of NERC, Kano Electricity Distribution Company, Ikeja Electricity Distribution Company, Kaduna Electricity Distribution Company and Eko Electricity Distribution Company.

JUST IN: Buhari Appoints Musa as New Chief Personal Security Officer

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JUST IN: Buhari Appoints Musa as New Chief Personal Security Officer

President Muhammadu Buhari (rtd) has appointed Deputy Commissioner of Police, Aliyu Musa, as his Chief Personal Security Officer.

The Senior Special Assistant to the President on Media and Publicity, Garba Shehu, in a statement on Monday disclosed this, adding that Musa, who is from the Nigerian Police Force Zone 5, Benin City, hails from Niger State.

According to Shehu, “Musa’s appointment follows the redeployment of his predecessor, Commissioner of Police, Abdulkarim Dauda.”

BREAKING: Industrial Court orders firm to pay former staff 25,000 USD within 30 days

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BREAKING: Industrial Court orders firm to pay former staff 25,000 USD within 30 days

His Lordship, Hon. Justice Elizabeth Oji of the National Industrial Court, Lagos Judicial Division has declared the purported termination of the Mr. Olabode Akinyimika employment by the Royal Philips Netherlands as premature, mala fide and wrongful; ordered firm to pay Olabode the sum of USD15,000.00 as One month’s salary in lieu of notice and 10,000USD Two Months Gross Salary within 30 days.

The Court held that the defendants have not shown that they followed their General Business Principles; in establishing the misconduct indicated in justifying the termination of the Claimant’s employment without notice.

From facts, the Claimant- Olabode Akinyimika had submitted that he resumed work with the firm on the 31st December 2014 and continued to work at the Lagos office until his appointment was terminated on the 30th November 2015.

The Claimant – Olabode Akinyimika averred that he was invited to Accra by the GM, and arrived Accra for the annual operation plan presentation, but was handed a letter of termination of employment without notice, warning and without complying with the procedure stipulated in the General Business Principle and Investigation Guideline.

In defence, the Defendants had stated that the investigation of the Claimant for the alleged misconduct was carried out in camera because the company believed that the Claimant would interfere with the investigations that they complied fully with their General Business Principles, Investigative Guidelines and the contract of employment in terminating the Claimant’s contract.

The Defendants argued that Claimant’s response during cross-examination is proof of the alleged misconduct; thus making the termination right, that the Claimant has been fully paid his leave allowance and not entitled to any judgment.

They submitted that since the Claimant’s employment was not terminated on the grounds of redundancy, that Claimant’s injured feelings such as emotional or psychological trauma are mere sentimental values upon which there is no basis to ask for monetary damages.

Claimant’s- Olabode maintained that his employment having been unlawfully terminated, his employment still subsists and he is entitled to monthly salary and allowance until his employment is lawfully terminated.

Delivering judgment, the presiding Judge, Justice Elizabeth Oji held that the Court has been called not to investigate the allegation of misconduct, but rather, whether the Defendants, in terminating the Claimant’s employment followed the procedure they laid down in their internal policies and general business principles.

“I have closely considered exhibit C3- Philips General Business Principle and Investigative Guideline.  By virtue of pages 1, 2, 3, 4 and 5 of the Defendants’ Investigation Guideline which forms part of exhibit C3, any allegation of violation of General Business Principle as alleged in the letter of termination of employment, must be investigated in accordance with the Principles.

“The Defendants have not shown that the Claimant was informed of the findings of their investigation and confronted with it.

“Clearly, the Defendants did not comply with their Principles and Policies before they determined that the Claimant breached the General Business Principles and committed acts of dishonesty and conflict of interest. The Defendants did not give the Claimant fair hearing.

“Having failed to do that, I find that they are in breach of the terms of the contract between them and the Claimants; hence the termination without notice was wrongful.  I so hold.”

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