By Moninuola Sulaiman

PwC’s has held the 13th annual power and utility roundtable recently in Lagos.

The Annual Power and Utility Roundtable is part of PWC’s contribution to the ongoing reforms in the Nigerian power sector.

It is a forum for key players to discuss the present and the future of a fully privatised Nigerian power sector.

The 13th edition of the PwC annual power and utility roundtable took place recently in Lagos. The event, which was hybrid, brought together stakeholders across the value chain.

Olushola Okunlade Writes

Eko Electricity Distribution Company (EKEDC) took its town hall meeting to Islands District on Thursday to further its strategic engagement with customers under its franchise network. Held at the Virgin Rose Resorts in Victoria Island, the forum was attended by residents of Lagos Island, Victoria Island, and Ikoyi environs.

According to a statement by the EKEDC General Manager, Corporate Communications, Godwin Idemudia, the Island District is strategic to our business, hence the importance of the engagement forum to help the Management to identify areas of improving power supply to the customers.

While commending EKEDC for the recent improvement of power supply and turnaround time to clearing faults, the customers at the meeting raised the issue of old and overloaded distribution infrastructure affecting supply in their communities. Many residents from Lagos Island complained about the faults as a result of weak underground cables and overloaded transformers and thus requested solutions from DisCo.

Reacting to the customers’ queries, the MD/CEO of EKEDC, Dr. Tinuade Sanda, represented by the Chief Commercial Officer, Mrs. Rekhiat Momoh, appreciated the customers’ feedback and explained that the presence of weak and old cables in the network was due to construction of buildings on such cables, which has made it difficult to carry out repairs. She however stated that EKEDC is devising alternative means to mitigate this challenge. Concerning the issue of the overloaded transformers, she assured the customers that the company, as part of its continuous improvements projects is working on providing relief distribution transformers to many areas under the Islands District.

The Divisional Crime Officer of Ikoyi Police Divisional Headquarters, Mr. Ishola Olaitan, explained to customers at the forum that the spate of vandalism in Ikoyi and Lagos Island also contributes to the damage of cables. He called on the customers to aid the Police Force and EKEDC in curbing the crime by reporting to the Police or EKEDC via its whistleblower platforms.

Court of Appeal in DEUX PROJECTS LIMITED & 3 ORS V. ACCESS BANK PLC – APPEAL NO. CA/LAG/CV/1342/2019

Olushola Okunlade Writes

The legal opinion purportedly issued by the Attorney General of the Federation, Mr. Abubakar Malami on the alleged refusal of the Managing Director of Benin Electricity Distribution Company Plc, Mrs. Funke Osibodu, to vacate office is unfortunate and inconsistent with position of the law.

It is doubtful if such a legal opinion could emanate from the office of the AGF in view of the decision of the Court of Appeal in DEUX PROJECTS LIMITED & 3 ORS V. ACCESS BANK PLC – APPEAL NO. CA/LAG/CV/1342/2019 delivered on 14/12/2020 at page pages 25 – 26 of the judgment where the court held that an ex parte order of the Federal High Court does not expire by effluxion of time until the court so pronounces.

According to the Court of Appeal judgment, per Balkisu Bello Aliyu JCA, it is for the judge to still determine whether the ex parte order granted by him has expired and until such pronouncement is made, the order remains extant and binding.

The rationale behind the decision of the Court of Appeal cited above is to prevent anarchy and lawlessness where a party to a suit may unilaterally declare an ex parte order as having expired and take the law into his own hands.

The said statement credited to Mr. Malami describing a court order as having expired is based on ignorance of the decision of the Coury of Appeal earlier cited which represents the current position of the law. The order of the Federal High Court in Suit No. FHC/ABJ/CS/1113/2022 was granted by the court pending the hearing and determination of the motion on notice. The Attorney General of the Federation has no judicial powers to declare a court order expired by any provision of the law.

The opinion credited to the AGF is on a matter adjourned for hearing and to come up on the 5th day of October 2022. Neither party to the proceedings nor the office of the AGF can nullify the order of the court on the ground that it had expired. Would that opinion be a justification for the Bureau of Public Enterprises to again invade with force the offices of BEDC and illegally sack Mrs. Osibodu from office?

In the first place, what legal authority did the Bureau of Public Enterprises have to sack the management of a company of which the government has only 40%? A government that has no judicial order or judgment to invade business premises by force is tantamount to what the Supreme Court described as executive lawlessness in Ojukwu v. Governor of Lagos State.

It is on record that the National Electricity Regulatory Commission and BPE did not obtain any court order before unilaterally announcing the dissolution of a company board in which the Federal Government is a minority shareholder. Even if the FGN were to be a majority shareholder, it cannot unilaterally dissolve the Board except where permitted by law.

It is advised that the office of the Honourable Attorney General, of the Federation, should desist from promoting lawlessness if the opinion really emanated from his office.