Anarchy Looms In Edo State, Civil Society Organizations Warn!

By Alltimepost.com

The lingering bitter feud between electricity consumers in Edo State and the Benin Electricity Distribution Company (BEDC) may soon take an ugly turn as Edo Civil Society Organizations warned on Thursday, of an impending anarchy if their demands are not met.

The organizations said such a state of anarchy would be as a result of resistance or confrontation with the military and police personnel whom they accused of being used by BEDC to oppress, intimidate, harass and coerce Edo people for refusing to pay electricity bills of services they did not consume and protest against alleged illegal increase in electricity tariff.

Their demands include:
BEDC MUST obey the court order
They MUST follow the legal process of tariff fixing in accordance with the Electric Power Reform Act, 2005, particularly Section 76

Prepaid meters MUST be supplied Free of Charge to all consumers in accordance with the agreement with the Federal Government of Nigeria.

Stop the militarization of Edo state and the use of police in arresting and prosecuting Edo people forthwith.

In a petition to Edo State Governor, Comrade Adams Oshiomhole, the organizations accused the Nigerian Electricity Regulatory Commission (NERC) and the eleven distribution companies across the country, including BEDC of violating a court order stopping them from increasing electricity tariff until the determination of the substantive suit against them.

They called on Comrade Oshiomhole and others in authority to immediately step in to prevent the impending breakdown of laws and order in the state.

It would be recalled that the said violation of court order took place on February 1, 2016 against public outcry, including civil society organizations.

In the petition, signed by Comrade Omobude Agho and Comrade Aifuwa Bartholomew, Coordinator-General and Secretary-General respectively, the organizations noted that besides court order violation, the electricity companies disregarded the legal process of tariff fixing in accordance with the Electric Power Reform Act, 2005, particularly section 76.

They warned: “We will do anything within our powers in protecting our cherished democracy and Edo people even if it means sacrificing our lives.”

“It will be a moral sin for us to fold our arms and watch the judiciary ridiculed by few capitalists in a democratic dispensation where the court is expected to be the last bus stop to every dispute and contention.”

Below is the full text of the petition which was copied to several quarters, including the Speaker, Edo State House of Assembly, the Brigade Commander, 4 Mechanised Brigade, the Director, Department of State Service and the Commissioner of Police, Edo State Command:

The Comrade Governor,
Edo State Government,
Dennis Osadebey Avenue,
GRA,
Benin City,
Edo State.

Dear Sir,

BENIN ELECTRICITY DISTRIBUTION COMPANY HAS DECLARED WAR ON EDO PEOPLE………………ANARCHY LOOMS

We write this letter to you today to bring to your notice the open war declared by the Benin Electricity Distribution Company on the good people of Edo state.
As the Chief Security Officer of the state, it has become pertinent for you to respond for the protection of lives and property and the prevention of breakdown of law and order in the state.

You would recall in 2014 when members of Edo Civil Society Organizations raised issues that bother on electricity exploitation, extortion, non-provision of metres, compulsory payment for darkness by the people and other ancillary issues which you lend your voice and condemned same.

We took same matter to the Edo State House of Assembly, the Oba Palace, and the National Assembly which all these institutions spoke in the same vein with you. For purpose of legal clarity, we took the matter to the Federal High Court in Lagos through our counsel, Barrister Toluwani Adebiyi to seek for an injunction to stop further increment on tariff, mandatory supply of metres among other things.

The injunction was granted by the court on the 28th day of May, 2015, which states that there shall be no increment in tariff till the determination of the substantive suit.
To our greatest surprise, the Nigerian Electricity Regulatory Commission (NERC) and the eleven Distribution Companies across the country, on 1st February, 2016 went ahead to increase tariff against the court order.

It is also of note that, the legal process of tariff fixing in accordance with the Electric Power Reform Act, 2005, particularly section 76 was not adhered to.

In recent development, the management of BEDC have engaged the services of military and police personnel who go about oppressing, intimidating Edo people, coercing them to pay the new tariff against the court order, more worrisome is the use of the police in arresting persons who have rejected the new tariff and charging them to court for prosecution through the Command Monitoring Unit which is directly supervised by the Commissioner of Police.

It is on good record that, for this purpose, 15 new Hilux vans were procured to convey military and police officers to different locations across the state to forcefully disconnect and arrest citizens that have refused to pay the illegal tariff imposed on them by BEDC.

The thrust of this letter is to urgently draw your attention to an impending anarchy in the state which will be as a result of Edo Civil Society Organisations’ resistance/confrontation with the military and police personnel used by BEDC in oppressing, intimidating, harassing, coercing Edo people despite a subsisting court order. We will do anything within our powers in protecting our cherished democracy and Edo people even if it means sacrificing our lives. It will be a moral sin for us to fold our arms and watch the judiciary ridiculed by few capitalists in a democratic dispensation where the court is expected to be the last bus stop to every dispute and contention.

It should also be noted that, the Managing Director of the Benin Electricity Distribution Company, Mrs. Funke Osibudu is very wealthy hence she has a lot of money to mobilize the police and military against Edo people in a democratic era, Edo people now live in absolute fear daily due to the oppressive, intimidating, oppressive actions by BEDC using the military and police.

Our prayers are simple, they are:

1. BEDC MUST obey the court order

2. They MUST follow the legal process of tariff fixing in accordance with the Electric Power Reform Act, 2005, particularly Section 76

3. Prepaid metres MUST be supplied Free of Charge to all consumers in accordance with the agreement with the Federal Government of Nigeria.

4. Stop the militarization of Edo state and the use of police in arresting and prosecuting Edo people forthwith.

All these we are demanding the Comrade Governor on behalf of Edo people to urgently wade in to further deter other private entities in the state from resorting to the use of military and the police in harassing, intimidating, oppressing the people.

A war declared on the people is a war declared on the Governor of Edo state, the Chief Security Officer whose responsibility is to protect lives and property of his people.

We can assure you sir, that Edo people are fully ready to corporate with BEDC in rendering of their services IF our prayers above are adhered to.

Sir, this public outcry and your swift action will be appreciated before the situation degenerates to a bad one.

Thanks, as we expect your response.

Signed:

Comrade Omobude Agho Comrade Aifuwa Bartholomew
Coordinator General Secretary General

CC:

The Speaker, Edo State House of Assembly
The Brigade Commander, 4 Brigade
The Director, Department of State Service
The Commissioner of Police, Edo State Command
The Presiding Justice, Court of Appeal, Benin Judicial Division
Chief Judge, Edo State
Federal High Court Judge, Court 1, Edo State
Federal High Court Judge, Court 2, Edo State
The State Coordinator, National Human Rights Commission, Edo State
The Chairman, Nigerian Bar Association
The State Chairman, Nigeria Labour Congress, Edo State
The State Chairman, Trade Union Congress, Edo State
Attorney General, Edo State

NOTE:

All parties copied are requested to intervene as a matter of urgency.

See Court documents below: