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Political Rallies in Nigeria And Pursuing Ecosystem of Tolerance

By
Ndubuisi Ekekwe
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0

It is too early here to be writing on politics. But after reading comments on a post yesterday where I commended President Buhari for how he has put a decent ecosystem, making it easier for young people to do political rallies with limited intimidations, many drew contrasts asking: yes, Labour Party (Peter Obi’s party) can do rallies in Abuja, Ibadan, etc, but could APC (Tinubu) and PDP (Atiku) have the same opportunities in Southeast? 

First, my understanding is that APC and PDP have held “presidential” marches in Imo and Ebonyi states. The challenge is this: not many people showed up, but no person was intimidated. 

I am from Abia State. My senator is APC. My House representative is APC. My state assembly is APC. My village voted APC in the governorship. In short, Ovim voted against all incumbent parties in the last election.

 Rallies do not win elections; voting does. But we must avoid using any perceived lack of excitement on some politicians to attack or diminish any part of Nigeria. Buhari has done fairly well by removing the usual intimidations, and I can say let the citizens rally! I expect Atiku and Tinubu in Aba in the coming months just as I expect Obi in Maiduguri and Ibadan. May the best person #win.

Comment on LinkedIn Feed

Comment: I’m still curious though Prof. Ndubuisi Ekekwe. It’s good to praise the President for this kinda demeanour, however, using the other way by the President and his clique could also send wrong signal to the world that he isn’t practicing the freedom of speech.

The body language of the President seems to be a thing of worry for the APC team, as some of them are already claiming that the President isn’t giving APC that full momentum it needs to win this election. But let’s see how this turns out in 2023 Ndubuisi Ekekwe

 My Response: Buhari can support his party while making sure elections are free and fair. That is what we expect from him. I do not expect him to campaign with Obi or Atiku. But I hope he will not make it harder for them to campaign. Unlike past elections, I am yet to read that Police arrested young people for these rallies (sure Ebony state issue is bad but that is an isolated case). In past elections, getting permits to rally was politicized. Today, they even send the Police to make sure there is no problem. That has to be commended. Buhari does not need to make things hard for PDP, LP, etc so that he can be praised by APC. He is the president of Nigeria, not president of APC.

 Comment 2: Labour Party isn’t in control of any State in South East. APC controls 2 States and PDP 2 States. If the Parties can’t do rallies in the States they control- blame bad governance than any other issue. Since the return of democracy in 1999. South East and South South have been the main stay of PDP not any other regions of Nigeria. It’s befuddling that any one can choose to ignore these stark facts to issinuate bias. Concrete progress in life must be anchored on data. Emotions are a bridge to nowhere.

LASTMA Has No Power to Tow Vehicles, Impose Fines on Lagos Motorists – Court Rules

By
Samuel Nwite
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0

The Lagos State Traffic Management Authority (LASTMA) has earned a detestable reputation with motorists. This stems from allegations of corruption and highhandedness emanating from the agency’s indiscriminate arrests of motorists, extortions and imposition of heavy unjustified fines.

But the situation, which has occasionally stirred outrage, has got a legal reprimand that will likely change LASTMA’s method of operation.

On Friday, Justice Olalekan Oresanya of the Ikeja High Court, Lagos, ruled that it’s illegal for LASTMA to impose fines and tow vehicles impounded by its officers.

The judge said in his ruling that there was no part of the Lagos State Traffic Management Law that gives the agency the power to deprive citizens of their right to freedom of movement.

“Public authorities and bodies cannot act in a manner that is inconsistent and incompatible with the fundamental rights of citizens as guaranteed by the Constitution of the Federal Republic of Nigeria, which is the grundnorm,” the judge said.

LASTMA practices became a legal issue following a November 2021 incident, where the agency’s officers impounded the vehicle of one Lawal Aliyu, a legal practitioner, and fined him N20,000 for alleged traffic offence and additional N10,000 as the cost of towing his vehicle. Aliyu had filed a suit challenging LASTMA’s right to impose such fines.

In his ruling, Justice Oresanya added that towing of vehicles and imposition of fines by LASTMA amounts to abuse of people’s rights. He said that even in countries where parliamentary laws are supreme, such as the United Kingdom, public bodies do not act in a manner incompatible with the rights of citizens as enshrined in the European Convention on Human Rights.

LASTMA had argued that its officers rely on the provisions of the law to carry out its operation. But the judge explained that no section of the Lagos State Traffic Management Law empowers traffic officers to impose fines without arraigning the alleged offender in court, to ensure a fair hearing.

“I must add that it is strange and bizarre that the first respondent (LASTMA) towed a serviceable vehicle in good working condition and thereby caused damage to the vehicle in the process when it has not been established that the applicant resisted the arrest of his vehicle, only for the first respondent to subsequently impose a fine on the applicant for a service not solicited by the applicant,” the judge said.

He described the situation as “the height of oppression and impunity,” adding that it is condemnable. He consequently awarded N750,000 in damages against LASTMA.

“On the whole, I give judgment for the applicant in the following terms; I make a declaration that the obstruction, towage, seizure, and impoundment of the applicant’s car with Registration NO. AGL 93 DW on the 23rd November 2021 by the respondents is unlawful, illegal, and unconstitutional as the same amounted to gross violation of the applicant’s fundamental right to freedom of movement enshrined in Section 41 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended),” he held.

“I make a declaration that the imposition and enforcement of LASTMA fine in the sum of N20,000 and LASTMA Towing fine in the sum of N10,000 on the applicant without an order of a court of competent jurisdiction is unlawful, Illegal and is null and void and the said fines should be paid back by the respondents to the applicant.

“The sum of N750,000 compensatory damages is awarded against the respondents for the violation of the applicant’s fundamental rights,” he said.

The Lagos State government has for long, failed to address the concerns of Lagos motorists respecting the activities of LASTMA officers on the field, stirring the belief that the state government is using the agency to generate revenue.

Against this backdrop, Lagosians have applauded the court’s ruling, hoping it would help to curtail LASTMA’s excesses.

How to secure a Power Transmission License in Nigeria

By
Emmanuel Ifeanyi Ogbuka
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0

The Nigerian Power sector in addition to the previous business licenses mentioned also has a Power Transmission Licence which is basically a license to engage in electricity transmission services between Power Generating Companies (GENCOs) and Distribution Companies (DISCOs) in Nigeria.

This article will be looking at Power Transmission Licences in Nigeria, with a deeper focus on :-

– Examples of Transmission companies currently operating in Nigeria.

– The Regulatory Framework governing Power Transmission Licences in Nigeria. 

– The mode of commencing license applications for Power Transmission Licences in Nigeria.

– The requirements for procuring a Power Transmission Licence in Nigeria.

Are there any Power Transmission companies in Nigeria currently?

Yes there are – the Transmission Company of Nigeria (a Federal Government-owned company) , which is the sole Power Transmission company in Nigeria, meaning that securing and operating a transmission licence will require at the very least liaising with this company as there’s currently no clear Regulatory or Legal provision for off-grid Power Transmission Licences in Nigeria.

 What is the Regulatory Framework governing Power Transmission companies in Nigeria?

Power Transmission companies are governed by the Nigerian Electricity Regulatory Commission (NERC) through its various regulations including the 2010 NERC Licensing Regulations and by virtue of the Nigerian Electric Power Sector Reform Act (EPSRA) , the Federal Ministry of Power, and are to liaise in some cases with the Transmission Company of Nigeria (TCN).

How are applications for Power Transmission Licences to be commenced?

Applications are to be commenced by the applicant’s legal representatives in writing to the Chairman, NERC. These applications are to be sent with 3 paper copies and 1 electronic copy in MS – Office Software format.

Also, the NERC will be at liberty to seek further information from licence applicants within a period of not later than 1 month after a required receipt acknowledgement of the application which must be communicated to the applicant.

Are Power Transmission Licence applications also required to be published in 2 daily newspapers for the required 21-day period for the receipt of objections to the granting of the license?

Yes, they are. Objections if received will be heard by NERC within a 30-day period.

How long does it take to have a Power Transmission Licence application processed?

License application processing by NERC shall be completed in not more than 6 months from the date of the licence application receipt & acknowledgment. 

What are the requirements for the grant of a Power Transmission Licence in Nigeria?

The requirements for a Power Transmission Licence in Nigeria are :-

– A completed application form.

– A certificate of incorporation and MEMART Memorandum Articles of Association of the applicant company

– A registered Title Deed to site or a land sale agreement or proof of submission of title deeds to the relevant land processing agency.

– A Tax Clearance Certificate for the immediate past 3 years.

– A 10-year business plan.

– An off-taker agreement or arrangement.

– A Memorandum of Understanding (MOU) or Letter of intent from an Engineering Procurement Contractor(EPC) where applicable.

– A Memorandum of Understanding (MOU) with an applicant company’s technical partner if applicable.

– Financing agreements or letters to fund the project from financial institutions.

– Network Agreements with licensed Power distribution or trading companies.

– A single line diagram of the entire transmission network (132 & above).

– A single line diagram of the transmission networks showing points of connections to major load power stations.

– Numbers, names and capacities of transmission substations.

– Numbers & lengths of transmission lines.

– Interconnecting transformer details (numbers, types and capacities).

– Details of installed reactive compensation equipment.

– Substation layout diagrams showing:-

a). bus layouts;

b). electrical circuitry, lines, cables, transformers, switch gears etc;

c). earthing arrangements;

d). switching facilities and interlocking arrangements;

e). numbering nomenclature of transformers, circuits, circuit breakers and isolating switches in liaison with the Transmission Company of Nigeria (TCN).

– Transmission line parameters:-

a). designation of transmission lines;

b). route length of transmission lines;

c). number of circuits;

d). per circuit values :-

  1. Operating voltage (s).
  1. Positive phase sequence reactance – ohms/km.
  1. Positive phase sequence resistance – ohms/km.
  1. Positive phase sequence susceptance – ohms/km.
  1. Negative phase sequence reactance – ohms/km.
  1. Negative phase sequence resistance – ohms/km.
  1. Negative phase sequence susceptance – mhos/km .
  1. Zero phase sequence reactance – ohms/km.
  1. Zero phase sequence resistance – ohms/km.
  1. Zero phase sequence susceptance – mhos/km.
  1. Thermal rating.

– Transformer parameters (for all transformers) :-

a). Rated MVA

b). Voltage ratio

c). Vector group

d). Positive sequence reactance on rated MVA base (maximum, minimum and normal)

e). Positive sequence resistance on rated MVA (maximum, minimum and normal)

f). Zero sequence reactance on rated MVA base

g). Tap change range (+% to -%) and steps

h). Details of tap changer

i). Type of cooling 

– Equipment details :-

a). Circuit breakers

b). Isolating switches

c). Current transformers

d). Potential transformers

e). Lightning arresters

– Relaying and metering :-

a). Relay protection installed for transformers and feeders along with their setting and level of coordination with others.

b). Transmission metering details.

– Transmission lines Right of Way & Trace clearance.

– Details of communication & SCADA (Supervisory Control and Data Acquisition) facilities available.

– Total system peak load to be connected.

– Maximum capacity of the network (MW, MVA).

– Health & Safety policy.

– Environmental Impact Assessment (EIA) for new transmission lines.

What is the validity period of Power Transmission Licences in Nigeria?

Power Transmission Licences have a validity period of 10 years and like DISCO, SO and Power Trading licences, can be extended, amended, suspended (not for more than 6 months) or cancelled.

What are the Fee Implications of obtaining a Power Transmission Licence in Nigeria?

A Power Transmission Licence application comes with the following fee implications :-

Application procession fees – 1 Million Naira.

Licensing fees – $300,000.00(Three Hundred Thousand US Dollars)

Processing fees for License renewal and tenure extension – 500 Thousand Naira

Annual Operating Fees – 1.5% of Licensed transmission company’s charges per Kwh.

Conclusion :- Seeking further guidance on the guidelines on post-licensing operations for Power Transmission companies in Nigeria are still quite vast and as a result, require further consultations with your lawyer. The next article in this series will be talking about a rather different type of Power Sector license – The Captive Power Generation Licence.

Nigeria Plans To Increase Minimum Wage To Conform With The Current Reality

By
Ojukwu Emmanuel
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0

The federal government of Nigeria recently disclosed its plan to increase the minimum wage of workers in the country following the current reality.

This was disclosed by the Minister of Labour and Employment Dr. Chris Ngige, while addressing members of the Nigeria Labour Congress, NLC at a public presentation of a publication titled, “Contemporary History of Working Class Struggles.”

The minister disclosed that the intentions of the government to increase the minimum wage of workers in the country, was due to the current global inflation that has ravaged the global economies as well as negatively impacting the purchasing power of citizens.

He expressed delight that the 2019 Minimum Wage Act included a new clause for a review which would make it easier for the government.

He further disclosed that the President Buhari-led administration had already begun the wage adjustment with members of the Academic Staff Union of Universities, ASUU.

In his words, “The inflation is worldwide, we shall adjust the minimum wage in conformity with what is happening and much more important, the 2019 Minimum Wage Act has a new clause for a review.

“That adjustment has started with the Academic Staff Union of Universities (ASUU), because the stage they are, with their primary employers, the Ministry of Education, is a Collective Bargaining Agreement, CBA, negotiations”.

“Under the principles of offer and acceptance, which is that of collective bargaining, ASUU can look at the offer they gave us and make a counter offer, but they have not done that.

“If they do that, we are bound to look at their offer. These are the ingredients of collective negotiations. If you don’t work, you won’t eat,” adding that labor provided the riches of any nation as well as the prosperity of every family”.

The labor minister further stated that looking at how unfriendly the economic situation is, the current minimum wage of N30,000 would not in the present economic reality pay workers’ transportation fares to work for a month.

Even before the world witnessed a global inflation, coupled with Nigeria’s harsh economic condition, the minimum has since inception never been enough for workers to cater for their household.

With the constant devaluation of the Naira and the rise in the price of foodstuffs/commodities, workers in Nigeria have had their purchasing power affected.

It is disheartening that Nigeria’s inflation rate continues to rise while the minimum wage has not in any way improved, thereby empowering the lives of citizens.

Statistics disclose that prices of goods and services, measured by the Consumer Price Index, increased by 15.63 percent in December 2021 when compared to the previous year.

Given the country’s constant increase in the price of goods and services, unemployment, insecurity, among others, is it then not expedient for the government to increase the minimum wage of workers.

The poverty index pegs extreme poverty at those living on less than US$1.90 a day. In Nigeria, the minimum wage currently amounts to about US$1.75 per day, which reveals how a large percentage of Nigerian workers are perilously close to extreme poverty.

PDP and the Burden Ahead: Convincing Voters that After Jettisoning Constitution that Policy Documents Will Survive

By
Ndubuisi Ekekwe
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1

PDP is in trouble. This is what happens when a people decide to disregard order. Yes, when PDP decided to jettison its constitution, causing troubles for many of us who, using that constitution, made my predictions, the path to ascension became murkier. But as this show happens (Wike’s request that Ayu resigns before his group will support Atiku’s quest for Nigerian presidency), my suggestion to PDP members is this: do not think any of Wike, Atiku or Ayu is a victim. The only victim here is the PDP constitution which governs the rule of engagement for the members (you can add the PDP members).

As a student in FUTO, I served in the committee which reviewed the Students Union Constitution. FUTO students had a really great one as the elections were usually free and fair. When they invited me to join the committee, I felt it was a noble thing to do, as a revamped constitution could even help those coming after me. I had served as the Director of Research SEEES with a decent political experience as a student.

In the village, I served as the inaugural president of the age and led the writing of the first constitution. So looking at the PDP constitution, it was self-evident on how offices would be zoned: the 2023 presidential nominee was going to come from Southern Nigeria! Then magically, that was jettisoned. 

But looking deeper, the PDP constitution had a poison pill: if you just put it between North and South, you can have a scenario where two zones (of our 6) could rotate the slots. That was the problem. Governor Wike (Southsouth) wanted the job, drawing on the South’s turn. But he did not consider that Jonathan (SS) had it last. 

PDP constitution was self-evident: the 2023 presidential nominee was going to come from Southern Nigeria! But something was unwritten: South is not just enough; in that South, southeast had a turn. And that was the problem. To avert that, PDP jettisoned its constitution and served a poison pill. Can a party which cannot honour its constitution produce a campaign manifesto Nigerians can trust?

In other words, just going to South and sub-going to SS was not fair to Southeast which never had it, considering that Southwest via Obasanjo had it. Without that consensus, Atiku had an opening: if this is not going to SE, let it be open to all. Mr Ayu was the “umpire” and played along – the party chemistry was broken.

These politicians will reconcile but I am not sure there is really a basis to believe what they are currently promising to Nigerians. Why? A party which cannot even follow its constitution will have to work harder to convince people that those policy documents and campaign promises would be honoured should it take over power.

The crisis rocking the Peoples Democratic Party took a new dimension on Friday with the Rivers State Governor, Nyesom Wike, making a series of allegations against the Chairman, Iyorchia Ayu, and the party’s presidential candidate, Atiku Abubakar, among others.

While the PDP is waiving the olive branch in the direction of the governor, Ayu and Atiku refused to react to his outburst.

At the PDP convention in May, Wike had polled 237 votes to finish second behind Atiku, a former Vice-President, whose 371 votes gave him the privilege of flying the party’s flag in the 2023 presidential election.

Although Wike has continued to pledge his loyalty to the PDP, he is insistent that following the emergence of Atiku, the national chairman of the party, Ayu, cannot continue to preside over the affairs of the PDP given that he is from the North like the presidential candidate.

Comment on LinkedIn Feed

Comment: Prof..I disagree with you. PDP is not in trouble. The only issue is that someone defeated and disappointed and now frustrated and he is looking for all means to show relevance and hold the party to himself because he has an agenda to contest in 2027. The silence of Atiku is really frustrating him. If God has destined Atiku to win the 2023 election, he will win seamlessly. Again, watch out how they are out-smarting Wike. Am not a PDP member please.

My Response: “If God has destined Atiku to win the 2023 election, he will win seamlessly. ” – you did not complete that Bible extrapolation. Let me quote some verses for you: “You see that a person is justified by works and not by faith alone”. “The hardworking farmer should be the first to receive a share of the crops.” “All hard work brings a profit, but mere talk leads only to poverty.”

Atiku cannot just fold hands on the believe that whatever will happen will happen. If not, he might not have even bought the PDP nomination forms since if God destined it, it would have come!

Comment 1b: Ndubuisi Ekekwe, In case I wasn’t clear or loud enough, hear me clearly; WIKE IS NOT FIGHTING FOR THE SOUTH! He’s crying today because he lost. If he wanted justice for the South, he’ll have thrown his weight behind the SE for the ticket!!!!!!!

My Response: “WIKE IS NOT FIGHTING FOR THE SOUTH!” – Wike has never said he is fighting for the South. He is fighting for one thing: Ayu should resign. Also, Wike is more than a crying baby. If he is one, I will not be writing this. Except if you are the president of Nigeria, there is no politician who can make TV stations abandon regular programs to cover a press brief. He commands more media power than Obi, Atiku, Tinubu, except Buhari. Buhari has an edge as he does not speak often, so when he takes, it is like a breaking news…Wike moves news.

Comment 2: Wike is one of those who opposed the zoning structure because of his own presidential ambition. North East and South East have not produce a President. Thankfully North East produced the current Presidential Candidate. The noise in PDP is fermented by one Governor who fought Governors in the south. Looking at the reactions of the PDP presidential flag bearer, you will see calmness and composure.

My Response: “Looking at the reactions of the PDP presidential flag bearer, you will see calmness and composure.” – the calmness of Atiku is not what matters. What matters is what Bode (Lagos), Makinde (Oyo), Ikpeazu (Abia), etc are doing. You do not win presidency by subtraction. So, do not see Atiku as being calm. This is a poison pill which he swallowed and does not know what next to do. They failed one single test: be fair to your constitution at different levels. How do you believe people (ALL OF THEM) who can be that radical?

Comment 3: OBJ from South served for 8yrs when it’s the north Yar’adua serve for only 2yrs only Jonathan served d remained 2 and denied north their turn served another 4 yrs, who are short change btw north and d south?

My Response: That was not the Constitution. Had Atiku won in 2019, he could have picked the 8 years. The Constitution did not say, we will keep zoning it to one place until it wins. If APC does not win in 2023, APC will zone it to North in 2027!

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