IN January 2014, a coalition of advocates, including Femi Falana, a Senior Advocate of Nigeria, SAN; Jiti Ogunye and Tokunbo Mumuni, both senior lawyers; and I wrote to the Economic and Financial Crimes Commission, EFCC, inviting it to “to investigate the allegations of fraud detailed by the two committees set up by President Goodluck Jonathan in the wake of thecrisis.” It failed to do so. Ten years later, the EFCC is now preoccupied with chasing after cross-dressers.
The day after the Bloomberg story, on April 3, NERC confirmed the accuracy of the report. On the same day, it released the text of the applicable statutory instrument, dated March 28, which designated the commencement date as April 3. For starters, the new tariffs foster undue discrimination contrary to Section 116 of the Electricity Act of 2023 which requires the Commission in setting tariffs to “avoid undue discrimination between consumers and consumer categories.”
This pricing strategy is also poorly reasoned. The Band A users whom it supposedly favours are mostly in a position to transfer the burdens of the higher tariffs to consumers, most of whom are in the lower bands. This hits lower band consumers with a double whammy. By imposing energy hunger on them, it threatens the livelihoods of micro, mini and informal entrepreneurs and will put many of them out of business. At the same time, it will increase their costs of consumption.
The law that establishes the EFCC defines “economic and financial crimes” to mean “non-violent criminal and illicit activity committed with the objectives of earning wealth illegally either individually or in a group or organized manner thereby violating existing legislation governing the economic activities of government and its administration.