HUMAN rights lawyer, Femi Falana, has backed picketing of the Nigerian Electricity Regulatory Commission (NERC) headquarters and offices of the Electricity Distribution Companies (DisCos) across Nigeria over the hike in electricity tariff.
The senior lawyer said the action was justifiable and was provided for in Nigeria’s Labour Act.
Falana stated this on Sunday, May 12, during a monitored interview on Channels Television’s Sunday Politics.
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It would be noted that the organised labour under the auspices of the Nigeria Labour Congress (NLC) and Trade Union Congress (TUC) had a few days ago issued NERC a May 12 deadline to reverse the hike in electricity tariff to N65/kwh or risk having its commission and DisCo offices nationwide picketed.
The labour unions directed their state branches and affiliates in a warning letter jointly signed by NLC president, Joe Ajaero, and his TUC counterpart, Festus Osifo, to mobilise their members in readiness for the picketing if the federal government and NERC failed to heed their warning.
The ICIR confirmed on Monday that Abuja, Ikeja, Eko and Benin Distribution companies were picketed following the directive of the labour leaders.
Falana who lent his support for the picketing exercise said NERC failed to follow due process and did not engage the stakeholders before taking such an unpopular decision.
According to Falana, the Labour Act supports the workers’ action. “They are going to picket the headquarters of NERC and offices of the DISCOs to register their protest against the illegal increase in electricity tariff. This is because the Nigeria Electricity Regulation Commission did not follow due process and didn’t conduct a public hearing as required by the Electricity Act 2023.”
He urged NERC to engage and discuss with the labour movements and work for the reversal of the hike.
“Again, the increase was anchored on the assumption that there would be regular electricity supply for at least 20 hours. But that has not been the case. If DisCos cannot meet the electricity supply, people have no right to pay the increased tariff,” he added.
He expressed concern that it would be unfair and insensitive of any government to supply darkness and expect its citizens to pay for electricity tariffs.
Falana said it was becoming obvious that privatisation had failed ‘woefully’ in Nigeria.
Citing relevant sections of the law, he said, “By Section 116 of the Electricity Act 2023, you can only justify a hike in tariff if you supply the electricity. There must be evidence that there is an improvement in electricity supply.
“But if Nigerians have to power their offices or business premises with generators in the face of epileptic electricity supply, it is difficult to justify. Again when they talk about unbundling, to the best of my knowledge, the majority of the DisCos have been acquired by the government because of their toxic loans.
Falana argued that the distribution companies had been sold since 2013,as such the sector had become self-sufficient and did not need government subsidy any longer.
He pointed out that if the government considered unbundling again, it must engage and consult widely.
“This is because privatisation has failed woefully in Nigeria. I think the Senate has once called on the government to take back all the DisCos and take firm control.
“We cannot increase tariffs when the majority of our people are supplied with darkness. I am not even talking of those in Band B, C and D. We are only talking of Band A for now and there is no basis for such discrimination,” he stated.
Harrison Edeh is a journalist with the International Centre for Investigative Reporting, always determined to drive advocacy for good governance through holding public officials and businesses accountable.