₦airaland Forum

INCREASE ELECTRICITY TARIFF AND GO TO JAIL....Lawyer tells Fashola and NERC'S Chairman.

21st December, 2015

To the Honourable Minister of Power
Federal Republic of Nigeria
Federal Secretariat Abuja

Attention: Babatunde Raji Fashola (SAN)

Your Excellency,

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 embarrassing 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 assist 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 masses 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
08055792477

First. I'm not a lawyer but it only stands to reason that some laws or judgments be reviewed for public good.

If a law says don't treat any patient with gunshot injury without a police report. Common sense will tell me to first attempt keeping him alive with the very least I can do which is first aid .

If the pricing regimen is a key reason the power sector isn't fully functional to capacity, then it stands to reason that something has t be done about it

Again, knowing the calibre of people involved, I'm sure the existing judgment must have been considered.


Someone will be working to make things work, others will be acting like demons sent to truncate everything.

This wan wey nah Jail dey reign..
Soon every Nigerian go enta Jail except the kids for this Buhari regime..

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 embarrassing when such flagrant disregard happens not in a military era, but in a democratic dispensation .

Welcome to Buharis regime where flouting court orders is the norm.

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)

Nigerians should ensure those frauds don't go unchallenged nor swept under the carpet.

Hehehe

Buhari and apc dey obey court order?

No to increase in electricity tariff and d fixed monthly charges is robbery.

Fashola should listen o

That's one thing I love about the yorubas they know how to utilize the courts!!
For those in Enugu, have you wondered why there is no restriction of movement lately for cleanups?...

#Kudos to the Westerners!

D matter don tire person!

Lawyer na zoo be this o no be america o

Nigeria... no salary and bill isn't paid now, so when it's increased is when it will be paid? People on prepaid don't even put on the security light at night anymore.

twoondei:
O funny sha!

Someone will be working to make things work, others will be acting like demons sent to truncate everything.

Hmmm...

I think it's the government that's trying to cause trouble. There are no prepaid meters yet in many homes and offices and current bills are hysterical and you now want to add to it. Why the rush?

Fashola has shares in Eko Electricity Distribution Co.

No be today

You no wan make e chop?