By Alltimepost.com
Edo Civil Society Organizations have warned of a palpable anarchy looming in Edo State if the judiciary continues to align with the Benin Electricity Distribution Company, an entity they say is in contempt of the court, to imprison Edo people.
As part of their massive protest on Tuesday against the troubled energy company over unresolved issues bordering on allegations of arrest and detention, using the Police, incompetence, disobedience of court order against tariff increase, poor service, among others, the organization submitted a petition to Edo State Governor, Mr. Godwin Obaseki, asking for his urgent intervention before things turn ugly.
“The Civil Society movement has been at the forefront in the fight towards a working power sector that will benefit all and sundry, our fight has always been for the welfare and benefit of the people,”
In the petition, signed by Comrade Omobude Agho, Coordinator General and Comrade Godspower Okumbor, Secretary General, they accused the Judiciary and the Nigeria Police of colluding with the company to arrest and jail members of the Edo community who are resisting the entity for violating court order not to increase electricity tariff.
They are also drawing the attention of the Governor to the high volume of imprisonment of Edo people going on presently at the Federal High Court sitting in Benin (Court 1) being prosecuted by the Nigeria Police Force and the Benin Electricity Distribution Company (BEDC) as the complainant.
“The Benin Electricity Distribution Company (BEDC) has disobeyed a Federal High Court in Lagos Judgment to the effect that electricity tariff should not be increased without abiding to the Provisions of the Electric Power Sector Reform Act, (EPSRA) 2005,” they noted.
The organizations are therefore praying Governor Obaseki to:
1. Ensure that further prosecution of persons who tampered with meter installations should be stopped pending the compliance of NERC and BEDC to the court judgment.
2. The license of BEDC should be revoked as they are not ready to provide power to the people.
During the massive protest by the organizations which began at 7: am at the Museum ground, King’s Square in Benin City on Tuesday, members chanted solidarity songs as they match to the BEDC office on Ramat Park, Ikpoba Hill in the state capital.
The organizations had mobilized the general public, communities, interest groups, professional bodies, religious bodies, civil societies/NGOs, manufacturers, etc. to join the protest, tagged ‘FINAL HIT’ on the Benin Electricity Distribution Company.
Protesters matched with various banners and placards, bearing the following inscriptions: Judiciary stop being used by BEDC to send our people to jail; Federal Government revoke BEDC License now for poor service, impunity, highhandedness; Energies are diverted to ‘special lines’ to few persons and organizations 24/7; Most communities are in total darkness; BEDC must go; Over 200 Edo people have been sentenced to jail by BEDC and the Judiciary.
Below is full text of the petition to Governor Godwin Obaseki:
The Executive Governor,
Edo State Government,
Dennis Osadebey Avenue,
GRA,
Benin City,
Edo State.
IMPRISONMENT OF EDO PEOPLE BY THE BENIN ELECTRICITY DISTRIBUTION COMPANY (BEDC)
Your Excellency,
We write to draw your attention to a high volume of imprisonment of Edo people going on presently at the Federal High Court sitting in Benin (Court 1) being prosecuted by the Nigeria Police Force and the Benin Electricity Distribution Company (BEDC) as the complainant.
The Benin Electricity Distribution Company (BEDC) has disobeyed a Federal High Court in Lagos Judgment to the effect that electricity tariff should not be increased without abiding to the Provisions of the Electric Power Sector Reform Act, (EPSRA) 2005.
Barrister Toluwani Adebiyi instituted a legal action against the 11 Distribution Companies (DISCOs) across the country, the Nigerian Electricity Regulatory Commission (NERC) and Ziklagsis Networks Limited (Metre Supplier) arguing that further increment of tariff will bring more hardship and suffering on the masses and judgment was delivered on the 12th Day of May, 2016 declaring the tariff increment illegal and thereby setting it aside, it further directed that the tariff be reversed to status quo ante, it went on to restrain them from further increment except in strict compliance with the relevant provisions of the Electric Power Sector Reform Act, (EPSRA) 2005 and the procedure spelt out in Section 76 of the EPSRA.
Flowing from above, the Benin Electricity Distribution Company has disobeyed the judgment from the judiciary with absolute impunity which is the last hope of the common man and continually used the Nigeria Police Force to arrest and prosecute individuals who may have tampered with their installations in order to maintain the status quo tariff as declared by the court of competent jurisdiction.
Some persons have said that two wrongs does not make a right, we think the proper response to that is why should there be a deliberate wrong in the first instance to warrant a second wrong. He that must come to equity must do so with clean hands.
It is surprising that same court that the management of BEDC has disobeyed its order with disdain is same that it now wants to get justice from and a Federal High Court still entertains cases from them. As at the time of writing this letter, over 200 citizens in Edo state are languishing in the prisons due to their inability to meet with the neck breaking bail conditions issued by the court.
The Law being used in the prosecution is the Miscellaneous Offence Act, 2004 which has certain punishment if convicted as life imprisonment or 21 years without the option of fine.
The same DISCO that has refused/neglected to abide to its enabling Act as regards tariff adjustment is the same suddenly relying on the Miscellaneous Offence Act, 2004 to prosecute offenders, to us, that is an attempt to make a lot of Edo citizens ex-convicts who may not be able to aspire for local and national leadership positions in the near future, an attempt which must be stopped forthwith. They lack the moral locus to seek justice from an arm of government they disregarded its order.
We are convinced that, if the DISCOs have not increased their tariffs against the judgment of the court, there would not have been any tampering with meter installation by the people. It is clear to all and sundry that, Nigerians are forced to pay for darkness by the private investors in the power sector regardless the recession period.
Sir, your intervention is rife this point in time as there is a palpable anarchy looming that may snowball into a state of lawlessness if the judiciary continues to align with an entity that is in contempt.
The Civil Society movement has been at the forefront in the fight towards a working power sector that will benefit all and sundry our fight has always been for the welfare and benefit of the people.
OUR PRAYERS:
That:
1. The further prosecution of persons who tampered with meter installations should be stopped pending the compliance of NERC and BEDC to the court judgment.
2. The license of BEDC should be revoked as they are not ready to provide power to the people.
Your Excellency,
There are other disservices carried out by the BEDC enumerated herein under for your perusal:
DISOBEDIENCE TO LEGISLATIVE ENACTMENT AND COURT ORDERS:
The Nigerian Electricity Regulatory Commission and the 11 Distribution Companies have on several occasions never adhered to the provisions of the Electric Power Sector Reform Act, 2005 and have disobeyed court orders and judgment with impunity.
Let be known that the increment of tariff by the NERC and DISCOs on 1st February, 2016 did not pass through legal process as stipulated in the enabling Act and the court in its judgment declared it illegal and ordered a reversal which they have refused to obey till date.
(Attached are copies of court order and judgment). If the power sector must work, individuals and corporate bodies must follow our laws as stipulated and must respect court judgments). We cannot afford to live in a lawless country because the end product would be anarchy. Some of us have vowed not to pay illegal tariff which is devoid of legislative power and disobedient to court of competent jurisdiction judgment.
NON SUPPLY OF METERS AND ESTIMATED BILLING:
It has become a deliberate act for the management of the Benin Electricity Distribution Company not to supply meters to customers in order to continually issue bills on estimation. We have received cases of customers with prepaid and functional postpaid meters that are issued estimated bills.
It is an open secret that the management of BEDC has placed all their distribution networks on targets just like in the banking sector, the issuance of crazy bills is very prevalent in BEDC networks just in a bid to milking the already poor Nigerians.
The poor staff welfare is another angle that has led to arbitrary bills on customers as the staff have to make up their payment through commission, for over a year now, members of staff have been placed on half salaries, the effect of this has increased the drive for issuance of estimated bills and the unwillingness to truly meter customers.
INSTALLATION OF PREMIUM LINE:
There are new installations by the BEDC to only give power to the rich and deny the poor of their services. The installation is currently going on in Edo state and other states where BEDC operates, this installation or network is called the Premium Line.
A special line is being created that will have power supply 24/7, what that means is that, power supply will be channeled to certain institutions and individuals in certain areas 24/7 to the detriment of other areas.
This is not acceptable and it is against the rule of the Nigerian Electricity Regulatory body and the Electric Power Reform Act. BEDC has no regard for regulations and laws. The overall implication of this plan is that individuals and small and medium scale enterprises will either suffer more or be forced to close businesses and we cannot afford to experience the effect on our people and the economy. Power should be distributed equitably across board. That project of Premium Line must be put on hold now, if not the revolt from the poor masses will not be palatable.
INTIMIDATION OF CITIZENS:
The treatment of citizens by the management of the BEDC call for worry and investigation. Citizens have been subjected to all manners of intimidation and maltreatment by BEDC with the use of Military personnel and Police.
This is rampant due to the insistence of citizens not to pay crazy bills or illegal tariff as declared by the court. What the management of BEDC has resorted to is the use of military and police to disconnect citizens forcefully and in some cases, the military has threatened to shot citizens who put up resistance to their action.
In making matter worse, some foreigners (white men) that are currently working under BEDC as Business Managers (Ugbowo, Ekehuan and Ramat Park) go about with soldiers harassing and intimidating Nigerians in their own country with the use of soldiers.
This is worrisome because we cannot be subjected to another round of colonialism by any white man, they even boast of dealing with Nigerians that tend to press on their constitutional rights. Why should a white man be allowed to desecrate our law to that extent. We want Mr. Governor to investigate the activities of these white men because we will not hesitate to resist any form of re-colonialism in Nigeria by any guise.
Furthermore, the power sector can work if only competent firms are given the opportunity, Generation Companies and Distribution Companies are prevented from exploiting the poor masses. The overall issue is the need for patriotism of Nigerians is ensuring that our system works.
Nigerians are quite not comfortable with the way and manner the Honourable Minister for Power, Housing and Works, Babatunde Fashola continually hold briefs for the DISCOs at every given opportunity, a disposition that suggests he has a personal stake in the DISCOs.
We hope that the implementation and action on the foregoing be actualized for a better power sector service delivery.
Thanks as we await your swift action.
Yours in active struggle,
Comrade Omobude Agho Comrade Godspower Okumbor
Coordinator General Secretary General
