Socio-Economic Rights and Accountability Project (SERAP) has filed a lawsuit against President Muhammadu Buhari over failure to reverse what it termed 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, the Nigerian Electricity Regulatory Commission (NERC), and Nigeria Bulk Electricity Trading PLC.
Following reported approval by NERC, electricity tariffs were increased across DisCos in the country in December 2022. Several prepaid customers have reportedly confirmed the increase while 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 NERC to reverse the unlawful, unjust and unreasonable increase in electricity tariff.”
SERAP is also asking the court to “compel President Buhari to direct Malami and appropriate anti-corruption agencies to promptly investigate the spending of public funds as investments and bailouts to DisCos and GenCos since 2005.”
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.
“Increase in electricity tariff failed to follow due process of law. It is entirely inconsistent and incompatible with the provisions of the 1999 Constitution (as amended), the Electric Power Sector Reform Act and the country’s international human rights obligations.”
SERAP is also arguing that the increase was unjustified, especially given the unreliable, inefficient and poor quality of electricity in the country.
It said: “Millions of Nigerians continue to live in darkness despite the spending by government of trillions of naira as investments and bailouts to electricity companies. 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. The government has legal obligations to effectively and progressively provide affordable, regular and uninterrupted access to electricity as a matter of human rights.”
SERAP, in the suit filed on its behalf by its lawyers, Kolawole Oluwadare and Adelanke Aremo, said 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.