Tariff hike: Falana supports NERC and DISCO office picketing

Femi Falana, a human rights attorney, on Sunday supported the planned picketing of the offices of the Nigerian Electricity Regulatory Commission and the Electricity Distribution Companies across the nation on Monday due to the anticipated increase in electricity rates.

A few days ago, organized labor, acting through the Nigeria Labour Congress and Trade Union Congress, gave NERC until May 12 to undo the increase in energy rates to N65/kwh, failing which its commission and DISCO offices countrywide will be picketed.

In a letter jointly signed by TUC President Festus Osifo and NLC President Joe Ajaero, the unionists warned their state branches and affiliates to mobilize their members in preparation for picketing should the Federal Government and NERC disregard their threat, demonstrating their seriousness.

Falana responded to the development by claiming that the suggested action is appropriate and that Nigeria’s Labour Act also covers it.

When the Senior Advocate of Nigeria was a guest on Channels Television’s Politics Today on Sunday, he supported the planned picketing.

He claimed that NERC disregarded due procedure and neglected to consult stakeholders before to making such an unpopular decision.

He said, “There is provision for picketing under the Labour Act in Nigeria and that is what the Labour centres will begin tomorrow. They are going to picket the headquarters of NERC and offices of the DISCOs to register their protest against the illegal increase in electricity tariff.

“This is because the Nigeria Electricity Regulation Commission did not follow due process and didn’t conduct a public hearing as required by the Electricity Act 2023. I hope the NERC will engage and discuss with the Labour movement and see what can be done to reverse the hike.

“Again, the increase was anchored on the assumption that there will be regular electricity supply for at least 20 hours. But that has not been the case. If DISCO cannot meet the electricity supply, people have no right to pay the increased tariff.”

The senior attorney went on to express worry, saying that it would be unjust and callous for any government to provide darkness while expecting its people to foot the bill for energy.

He expressed disapproval of the incident, stating that it is more apparent that Nigerian privatization has failed “woefully.”

“By virtue of Section 116 of the Electricity Act 2023, you can only justify a hike in tariff if you supply the electricity. There must be evidence that there is an improvement in electricity supply. But if Nigerians have to power their offices or business premises with generators in the face of epileptic electricity supply, it is difficult to justify.

“Again when they talk about unbundling, to the best of my knowledge, the majority of the DISCOs have been acquired by the government because of their toxic loans. As of the time, the DISCOs were distributed and sold in 2013. That sector has become self-sufficient. The government was no longer subsidizing the sector.

“So we must find out what happened between then and now. If the government is thinking of unbundling again, it must sit down with the workers and engage in consultation in the country. This is because privatisation has failed woefully in Nigeria. I think the Senate has once called on the government to take back all the DISCOs and take firm control.

“We cannot increase tariffs when the majority of our people are supplied with darkness. I am not even talking of those in Band B, C and D. We are only talking of Band A for now and there is no basis for such discrimination.”