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SERAP Sues Buhari Over ‘Unlawful Electricity Tariff Hike’
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Socio-Economic Rights and Accountability Project (SERAP) has filed a lawsuit against President Mu hammadu Buhari over “the failure to reverse the unlawful, unjust, and unreasonable increase in electricity tariff and to probe the spending of public funds as ‘investments and bailouts’ to DisCos and GenCos since 2005.”
Joined in the suit as Respondents are the Attorney-General of the Federation and Minister of Justice, Abubakar Malami (SAN), the Nigerian Electricity Regulatory Commission (NERC), and the Nigeria Bulk Electricity Trading PLC.
Following reported approval by the NERC, electricity tariffs were increased across DisCos in the country in December 2022.
Several prepaid customers have reportedly confirmed the increase.
The minister of power and NERC have refused to confirm or deny the increase.
In the suit number FHC/L/CS/99/2023 filed, last Friday, at the Federal High Court, Lagos, SERAP is asking the court to “compel President Buhari to direct the Nigerian Electricity Regulatory Commission to reverse the unlawful, unjust and unreasonable increase in electricity tariff.”
SERAP is also asking the court to “compel President Buhari to direct the Attorney General of the Federation and Minister of Justice, Mr Abubakar Malami, SAN, and appropriate anti-corruption agencies to promptly investigate the spending of public funds as investments and bailouts to DisCos and GenCos since 2005.”
In the suit, SERAP is arguing that, “Regular and uninterrupted access to electricity is a fundamental human right. Electricity is an essential public service but millions of Nigerians continue to pay the price for corruption in the electricity sector–staying in darkness.”
SERAP is also arguing that, “the increase in electricity tariff failed to follow due process of law. It is entirely inconsistent and incompatible with the provisions of the Nigerian Constitution of 1999 [as amended], the Electric Power Sector Reform Act and the country’s international human rights obligations.”
SERAP is also arguing that, “the increase is unjustified, especially given the unreliable, inefficient and poor quality of electricity in the country. Millions of Nigerians continue to live in darkness despite the spending by governments of trillions of naira as investments and bailouts to electricity companies.”
According to SERAP, “The Federal Government has a legal responsibility to ensure transparency and accountability in how the investments and bailouts to electricity companies are spent, to reduce vulnerability to corruption and mismanagement.”
SERAP is also arguing that, “The government has legal obligations to effectively and progressively provide affordable, regular and uninterrupted access to electricity as a matter of human rights.”
The suit filed on behalf of SERAP by its lawyers, Kola wole Oluwadare and Ms Ad elanke Aremo, read in part: “The increase in electricity tariff would exacerbate the extreme poverty across the country, and undermine the ability of millions of Nigerians to satisfy basic human needs.
“The consequences of corruption in the electricity sector are felt by citizens on a daily basis. Corruption exposes them to pay additional costs and crazy electricity bills. Electricity supply remains inadequate and irregular.
“Investigating the allegations of corruption in the spending on the investments and bailouts to electricity companies, and recovering any stolen public funds would serve the public interest.
“The government has a sacred duty to ensure transparency and accountability in the spending of the country’s resources, including the spending of public funds as investments and bailouts to electricity companies.
“The latest increase in electricity tariff is coming on the heels of the NBC report which shows that over half of the population of Nigeria are multi-dimensionally poor and cook with dung, wood or charcoal, rather than cleaner energy.
“High deprivations are also apparent nationally in sanitation, time to healthcare, food insecurity, and housing. Access to regular electricity supply would improve the quality of life of the population.
“Access to affordable electricity services is a prerequisite for improving the condition of people living in poverty. It is a means to generate other important services that mitigate poverty, bearing in mind that access to electricity facilitates the eradication of poverty.
“The hike in tariff would increase financial burdens for socially and economically vulnerable Nigerians and further marginalise and disproportionately affect them, and exacerbate their vulnerability to discrimination.
“The failure of successive governments and high-ranking government officials to prevent widespread and systematic corruption in the electricity sector and to bring suspected perpetrators to justice is the primary cause of the exploitation of electricity consumers.
“Investigating the spending of investments and bailouts by successive governments in DisCos and prosecuting anyone suspected of corruption and mismanagement of public funds, and recovering any proceeds of crime would end a culture of impunity in the power sector, and improve access to and affordability of electricity in Nigeria.
“Successive governments have failed to increase power generation and provide Nigerians with regular and uninterrupted electricity supply, with many electricity contracts shrouded in secrecy, and trillions of Naira going down the drain.
“SERAP is also asking the court to ‘compel President Buhari to ensure the prosecution of anyone suspected to be responsible for misappropriation of investments and bailouts in the power sector, if there is sufficient admissible evidence, and any missing public funds should be traced and fully recovered.
“SERAP is also asking the court to ‘compel and direct the Nigerian Electricity Regulatory Commission to reverse the unlawful, unjust and unreasonable increase in electricity tariff, which reportedly occurred in December 2022.
“Section 14(2)(b) of the Nigerian Constitution of 1999 [as amended] provides that, ‘the security and welfare of the people shall be the primary purpose of government.’
“Nigeria has also ratified the African Charter on Human and Peoples’ Rights and the International Covenant on Economic, Social and Cultural Rights, which recognse legally enforceable economic and social rights, such as the rights to education, health, safe food and clean water, security, and shelter.
“Articles 5 and 9 of the UN Convention against Corruption also impose legal obligations on the government to ensure proper management of public affairs and public funds, and to promote sound and transparent administration of public affairs.
“The African Commission on Human and Peoples’ Rights has adjudged the failure of the states to provide basic services such as electricity as violating the right to health.”
No date has been fixed for the hearing of the suit.
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Reps Propose Creation of 31 New States
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The House of Representatives Committee on Constitution Review has proposed the creation of 31 new states in the country.
If the proposal scales through, the Nigerian state will be made up of 67 sub-national governments.
The proposal for new states was contained in a letter read during yesterday’s plenary session by the Deputy Speaker, Benjamin Kalu, who presided over the session in the absence of the Speaker, Mr Tajudeen Abbas.
The committee chaired by Kalu proposed six new states for North Central, four in the North East, five in the North West, five in the South East, four in the South-South and seven in the South West.
The letter read in part, “The committee proposes the creation of 31 new states. As amended, this section outlines specific requirements that must be fulfilled to initiate the process of state creation, which include the following:
New state and boundaries
“An act of the National Assembly for the purpose of creating a new state shall only be passed if it requires support by at least the third majority of members.
“The House of Representatives, the House of Assembly in respect of the area, and the Local Government Council in respect of the area are received by the National Assembly.
“Local government advocates for the creation of additional local government areas are only reminded that Section 8 of the Constitution of the Federal Republic of Nigeria, as amended, applies to this process.
“Specifically, in accordance with Section 8 (3) of the Constitution, the outcome of the votes of the State Houses of Assembly in the referendum must be forwarded to the National Assembly for fulfillment of state demands.
“Proposals shall be resubmitted in strict adherence to the stipulations. Submit three hard copies of the full proposal of the memoranda to the Secretariat of the Committee at Room H331, House of Representatives, White House, National Assembly Complex, and Abuja.
“Sub-copies must also be sent electronically to the Committee’s email address at info.hccr.gov.nj. For further information or contact, please contact the Committee Clerk at 08069-232381.
“The committee remains committed to supporting the implementing efforts that align with the Constitutional provisions and would only consider proposals that comply with the stipulated guidelines. This is coming from the Clerk of the Committee on Constitutional Review.”
The proposed new states are Okun, Okura and Confluence states from Kogi; Benue Ala and Apa states from Benue; FCT State; Amana State from Adamawa; Katagum from Bauchi State; Savannah State from Borno, and Muri State from Taraba.
Others are New Kaduna and Gujarat from Kaduna State; Tiga and Ari from Kano; Kainji from Kebbi State; Etiti and Orashi as the 6th state in the South East; Adada from Enugu, Orlu and Aba from the South East.
Also included are Ogoja from Cross River State; Warri from Delta; Ori and Obolo from Rivers; Torumbe from Ondo; Ibadan from Oyo; Lagoon from Lagos; Ijebu from Ogun State, as well as Oke Ogun/Ijesha from Oyo/Ogun/Osun States.
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TUC Opposes FG’s Proposed Toll Gate On Federal Roads, Rejects Electricity Tariff Hike
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The Trade Union Congress of Nigeria, (TUC), yesterday, opposed the plans by the Federal Government to toll selected federal roads in the country, as a means of revenue generation.
The TUC also kicked against any attempt to increase telecom tariff, saying it will compound the present economic hardship Nigerians are going through.
President of TUC, Comrade Festus Osifo, while presiding over the 1st Quarter 2025 National Administrative Council (NAC) of the Union in Abuja, yesterday, condemned the proposed reintroduction of toll gates on some federal highways without first of all ensuring that the roads are in good condition.
Osifo, who blamed the hardship in the country as a result of the government policies like the flotation of the naira, wondered why the Federal Government should initiate policies bothering on the citizens without due consultations with relevant stakeholders.
He said its is annoying that most of the roads which are unpaved, dilapidated, and riddled with potholes should be open for collecting tolls.
A communique issued at the end of the meeting partly read: “NAC deliberated on the proposed introduction of toll gates on selected federal roads and strongly condemned it in its entirely. While we acknowledge that tolling is a globally recognized method of generating revenue for road maintenance, it is unacceptable to impose tolls on roads that are unpaved, dilapidated, and riddled with potholes.
“The NAC views this as an insult to Nigerians, who are being asked to pay tolls on roads that are in total disrepair. Our highways are death traps unsafe, abandoned, and filled with potholes. Rather than fulfilling its responsibility to fix and maintain these roads, the government is resorting to shameless extortion.
“The Congress, therefore, demands that all roads earmarked for tolling must first be fixed, properly tarred, and repaired to international standards before any discussion on tolling can be entertained”.
Although the Federal Government recently debunked plans to increase electricity tariff by 65 percent, TUC said it was alarming that the government even considered the hike in the first instance.
Osifo lamented that the previous increment already inflicted severe hardship on citizens.
He said, “This proposed increase is not only ill-timed but also a deliberate act of economic oppression against Nigerians, who are already struggling under unbearable economic conditions.
“The improved service quality promised during the last tariff hike, particularly for consumers under the so-called “Band A” category, has not been realized. Most consumers, regardless of their tariff band, continue to live in perpetual darkness”.
TUC observed that the root cause of escalating prices and galloping inflation was the devaluation of the Naira.
Going down memory lane, Osifo said in February 2024, the TUC addressed a world press conference, where it clearly stated that the excessive devaluation of the naira was the primary cause of rising inflation and the continuous increase in the prices of goods and services.
He said Congress also warned that this trend would worsen inflation in 2024, impacting virtually every sector of the economy and severely affecting the social and economic well-being of Nigerian workers and the masses if the solutions it canvassed were not adopted.
The TUC President said 12 months later, the Congress position remained unchanged, alleging that the symptoms of the root cause have manifested clearly.
According to him: “These include the skyrocketing prices of essential goods, the escalating costs of social services, the proposed hike in telecom tariffs, the increase in electricity tariffs (with plans for further increments), the rising prices of petroleum products amongst others.
“The TUC remains focused on addressing the root cause of these economic challenges rather than merely reacting to the manifested symptoms. To this end, the TUC demands a better foreign exchange (FX) management regime from the Central Bank of Nigeria (CBN) as the naira is currently undervalued, as confirmed by both local and international experts.”
He warned that if the policies were not reviewed to favour the citizens, the TUC may be compelled to mobilise for mass protest.
“The NAC, on behalf of the Congress, strongly advises the government to refrain from introducing policies that would further exacerbate the current economic hardship faced by hardworking Nigerians.
“If the administration insists on implementing these policies, the TUC will have no choice but to mobilize the working class, civil society, and the oppressed masses for a nationwide action. This level of exploitation is unacceptable. A stitch in time saves nine,” he warned.
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Africa Must Stop Depending On Foreign Blueprints -Tinubu
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President Bola Tinubu has charged African leaders to stop clinging to their old habit of depending on foreign plans, saying the continent is in dire need of leaders who wield policy as a surgical blade instead of a slogan.
Tinubu lamented what he described as “the tragedy of our time” whereby African leaders do not only confine themselves to foreign blueprints but refused to emancipate themselves from client-state mentalities and governance by hashtag activism.
The President made these remarks in Abuja, yesterday, during the Dr. Kayode Fayemi commemorative symposium and launch of the Amandla Institute for Policy and Leadership Advancement, with the theme “Renewing the Pan-African Ideal for the Changing Times: The Policy and Leadership Challenges and Opportunities.”
The symposium was organised to commemorate the 60th birthday of the former Governor of Ekiti State, Dr Kayode Fayemi.
Represented at the event by the Vice-President, Senator Kashim Shettima, the President said, “Whatever our differences across the continent, one fact that can’t be eroded by our infighting is that we are in the age of machines, and we can’t fight our development dilemma with spears and arrows while the rest of the world is fighting the same battle with missiles and tanks. The world is not waiting for Africa to catch up.
“While we parse political rivalries, others parse datasets. While we litigate history, others engineer futures. The train of progress accelerates, yet too many of our leaders cling to old carriages. These are our client-state mentalities, our dependency on foreign blueprints, and our governance by hashtag activism. This is the tragedy of our time.
“The founding of Amandla Institute emerges as an antidote to this paralysis. We are here not only to generate more ideas but to create executors. We need leaders who wield policy as a scalpel, not a slogan. We need visionaries who see AI as a collaborator, not a competitor. We need a generation of Africans who recognise that Pan-Africanism, renewed for this age, must be rooted in actionable sovereignty.”
Tinubu pointed out that it would be wishful thinking to hope that the renaissance of Africa will happen as a gift, maintaining that it must be built.
He regretted that for too long, leaders in Africa have outsourced their thinking, relying on institutions and ideologies that treat countries on the continent “as consumers, not creators,” just as he insisted that the youth must be empowered to innovate in tech hubs across the continent.
“But the post-idea world dissolves excuses. With the democratisation of knowledge, we must empower our youth to innovate in tech hubs across the continent, from Cairo, down through Nairobi, to Lagos, building unicorns without the permission of any gatekeepers. What they lack is not ideas but ecosystems—systems where policy, funding, and political will converge to scale their genius,” he noted.
The Nigerian leader further urged African leaders to “evolve from custodians of power to architects of platforms,” adding that their “imagination of Africa must be one where every government ministry houses.
“AI strategists, where continental trade policies are drafted by homegrown think tanks like Amandla Institute, not foreign consultants, and where “Made in Africa” signifies not raw materials but algorithms, green tech, and cultural capital.”
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