President Muhammadu Buhari has been prosecuted in court for failing to reverse the increase in energy tariffs, as well as for failing to investigate the use of public funds as “investments and bailouts” to DisCos and GenCos since 2005.
The Socio-Economic Rights and Accountability Project (SERAP) has filed a lawsuit against Nigerian President Abubakar Malami (SAN), Attorney-General of the Federation and Minister of Justice, the Nigerian Electricity Regulatory Commission (NERC), and the Nigeria Bulk Electricity Trading PLC.
The electricity tariff purportedly raised in mid-December 2022, although neither the Ministry of Power nor NERC have confirmed the increase.
SERAP requests the Federal High Court in Lagos, in action number FHC/L/CS/99/2023, to “compel President Buhari to urge the Nigerian Energy Regulatory Commission to reverse the unlawful, unjust, and arbitrary increase in electricity pricing.”
In a letter dated January 7, 2023, the organization stated that the rise in energy tariff will deepen extreme poverty across the country and damage the ability of millions of Nigerians to meet fundamental human requirements.
SERAP also requested that the court “compel President Buhari to direct the Attorney General of the Federation and Minister of Justice, Mr Abubakar Malami, SAN, and appropriate anti-corruption agencies to immediately investigate the spending of public funds as investments and bailouts to DisCos and GenCos since 2005.”
SERAP claims that “regular and uninterrupted access to energy is a fundamental human right” in its lawsuit. Electricity is a critical public service, yet millions of Nigerians continue to pay the price for corruption in the power sector by remaining in the dark.”
“The rise in electricity tariff failed to follow due process of law. It is completely incompatible with the requirements of the 1999 Nigerian Constitution [as amended], the Electric Power Sector Reform Act, and the country’s international human rights duties.”
“The rise is unjustifiable, especially given the country’s unreliable, inefficient, and poor-quality electricity. Despite governments spending trillions of naira on investments and bailouts for power businesses, millions of Nigerians remain in the dark.”
“To limit vulnerability to corruption and mismanagement, the Federal Government has a legal responsibility to ensure transparency and accountability of the investments and bailouts to power businesses.”
