Following the directive given by the Senate to suspend the new 45 per cent tariff hike, the Nigerian Electricity Regulatory Commission (NERC) has said the senate lacked the constitutional authority to reverse the order.
This comes just as the leadership of organized labour called for the probe of the NERC, and former chairman of the commission, Dr. Sam Amadi over the controversy surrounding the recent hike in electricity tariff.
As of now power generation in the country has plummeted to 3,664 megawatts, says the Federal Ministry of Power, meanwhile, the distribution companies (DISCOs) are insisting on increasing tariff on all categories of customers without commensurate increase in electricity supply.
However, justifying NERC’s stance, Amadi, described the Senate’s directive as illegal, unconstitutional and a direct encroachment on executive independence.
According to him, the order by the Senate for NERC to rescind the tariff is a direct infringement on the independence of the executive to initiate policies, in this case through NERC.
Speaking with Vanguard, “It is a subtle derogation of the powers of the executive. It offends the concept of separation of power. The legislature should not interfere and direct executive action. That is clearly against the law. It is unconstitutional.”
Amadi explained that apart from the Senate lacking the constitutional right to give such a directive, NERC, as currently constituted, was not competent to suspend or rescind the tariff order issued by its former Board. He argued that until a new board was reconstituted to consider reviewing or totally suspending the order, “nobody anywhere can validly review or suspend the current tariff.”
