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Power Firms Owe Consumers Explanation for Estimated Billing – Fashola

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The Minister of Power, Works and Housing, Babatunde Fashola
  • Power Firms Owe Consumers Explanation for Estimated Billing

The Minister of Power, Works and Housing, Mr. Babatunde Fashola, has said that the power distribution firms should explain to consumers the basis for estimated billing, which they subject them (consumers) to and when it will end.

Fashola, who stated this on Monday at the 12th Monthly Power Sector and Stakeholders’ Meeting in Ibadan, hosted by the Ibadan Electricity Distribution Company, however, said rapid provision of prepaid meters would help to cement consumers’ trust.

He stressed the need for the firms to build confidence and trust between them and the consumers by communicating the steps being taken to improve service delivery.

“Consumers still feel that they are getting the wrong end of the stick with the estimated billing method. While the deployment of meters must go on at a very rapid and aggressive pace, Discos also owe an explanation to consumers on the basis of the billing where they are estimated, and explain when it will end,” the minister said.

He said, sometimes, the explanation would help people react more positively, but described the provision of meters as the solution.

“So, I continue to stand on the side of consumers; they have a right to have meters and the Discos have an obligation to deliver them whatever it takes. This is the business they signed up to and we will support them to do this,” the minister added.

Power generation in the country has worsened in recent weeks after hitting the 4,000 megawatts mark in December last year, with many consumers without prepaid meters complaining about over-billing despite the dip in supply.

Commenting on the problems in the power sector, the minister said sabotage of gas assets and pipelines had “decommissioned power plants and their ability to provide up to 3,000 megawatts of power.”

“The 3,500MW to 3,800MW that we have been able to keep on the grid over the last few months will be assisted greatly if we can have the gas pipelines back and add 3,000MW to it. That means we will be able to deliver well over 6,000MW if the gas pipelines are safe,” he added.

Fashola said the sabotage of facilities had also created debt and liquidity problems, shortfall in power expectation and in revenue recovery by power distribution firms.

He told the power investors and other stakeholders at the meeting, “Consumers are more resistant to payment when they don’t have electricity; I will be, too, and you will be too.

“We see that they (consumers) pay more when the power is more stable. Of course, there are issues also at the retail end, including metering and estimated bills.”

Meanwhile, the Federal Government on Monday issued a Friday, February 17, 2017 deadline to power distribution companies to submit their audited and management accounts.

It also directed the firms to make all submissions of debts owed them by its Ministries, Departments and Agencies on or before February 28.

The Nigerian Electricity Regulatory Commission and the Power ministry have on several occasions condemned the refusal of power distribution companies to submit their audited accounts since they took over the successor companies of the defunct Power Holding Company of Nigeria.

In November last year, the Minister of Power, Works and Housing, Babatunde Fashola, stated that in the past three years, the Discos had refused to submit their audited financial reports to NERC, adding that when the commission wanted to activate their contractual obligations as stipulated by law, the power firms dragged it to court and frustrated its efforts.

“Your advert should also have told the Nigerian public how many Discos have gone to court to frustrate the attempt by NERC to hold them to their contracts so that they can pay the Gencos, who have been sacrificing, and the gas producers, who have not received payment and who have continued to act patriotically,” Fashola had said.

To put an end to the delay by the Discos, the Federal Government came up with the deadlines and mandated the firms to comply.

The two directives were contained in a communique issued at the end of the 12th monthly meeting of operators in the power sector, which was chaired by Fashola and had the highest executive management staff of organisations in the industry in attendance.

The communique read in part, “The meeting also noted the steps taken to address the liquidity issues currently limiting the functioning of the sector through the work that is presently underway to identify, verify and pay MDAs’ debts to the Discos, as well as gas debts and generation debts.

“It was noted that Abuja, Ikeja, Ibadan and Yola Discos have complied with data requirements and verification of their submission is underway on a first come, first serve basis. A deadline of February 28, 2017 was issued to receive submissions on the MDAs’ debts from distribution companies, and February 17, 2017 was set as a deadline for the submission of audited and management accounts.”

The communique stated that participants at the meeting decried the negative impact caused by the sabotage of gas pipelines and that this had caused a severe limitation in power generation.

Is the CEO and Founder of Investors King Limited. He is a seasoned foreign exchange research analyst and a published author on Yahoo Finance, Business Insider, Nasdaq, Entrepreneur.com, Investorplace, and other prominent platforms. With over two decades of experience in global financial markets, Olukoya is well-recognized in the industry.

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Ukraine Strikes Russian Fuel Depot, Sparking Fires in Belgorod Region

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Russian Mercenaries

The governor of Russia’s southern Belgorod region said on Sunday Ukrainian forces attacked a fuel depot, triggering a series of fires after Moscow and Kyiv accused each other of launching overnight attacks on border regions.

“The Ukrainian military, aided by lethal drones, attacked a fuel storage site in Volokonovsky district,” Vyacheslav Gladkov wrote on Telegram, referring to an area near the border.

“Several reservoirs caught fire in an explosion. Firefighting crews are putting out the blaze.”

Gladkov also reported drone attacks on three other localities. There were no casualties reported in the incidents.

In the overnight air attacks, Ukrainian officials said two people died and four were injured in Sumy region. Gladkov reported three civilians were injured in Belgorod.

Two children were among those injured in Sumy, the military administration of the northeastern Ukrainian region said on Sunday on Telegram. Several homes and cars were damaged.

In Belgorod region, three civilians, including two children, were injured. Gladkov said two residential buildings were destroyed and more than 15 buildings in total were damaged.

The Russian defence ministry said it had destroyed one drone over Belgorod region and another over Kursk region, where Ukrainian forces launched a cross-border incursion last month. It said two drones were intercepted over Belgorod overnight.

Border regions on both sides have been subject to frequent attacks. Both Moscow and Kyiv deny targeting civilians, saying the attacks are aimed at destroying each other’s infrastructure critical to war efforts.

Thousands of civilians have died in the war, which Russia started with a full-scale invasion on Ukraine in February 2022. Millions of Ukrainians have also been displaced, while their cities and villages have become piles of rubble

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Ghana Ordered to Pay $111.5M to Power Company After U.S. Court Ruling

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ghana

The government of Ghana has been ordered to pay $111.5 million to Ghana Power Generation Company (GPGC) following a ruling by a District of Columbia Court in the United States.

This ruling was granted in favor of GPGC after Ghana failed to respond to an earlier tribunal ruling from the United Kingdom, which found the country in breach of a power purchase agreement.

The court’s decision comes after Ghana terminated its contract with GPGC on February 18, 2018. The UK tribunal, in its final award dated January 26, 2021, found that Ghana had violated its contractual obligations, resulting in significant financial damages for GPGC.

The tribunal initially awarded GPGC $134.3 million in damages, calculated using the Early Termination Payment formula as specified in the purchase agreement.

Ghana, however, did not comply with the tribunal’s verdict, prompting GPGC to pursue the matter in U.S. courts. On January 19, 2024, GPGC filed a lawsuit in the District of Columbia, citing the Federal Arbitration Act and the New York Convention, which provides for the recognition of international arbitration awards.

Court documents reveal that the petition was formally delivered to Ghana’s Ministry of Foreign Affairs and Regional Integration on January 23, 2024.

Despite receiving the legal documents, Ghana failed to respond to the court proceedings by the March 29, 2024, deadline. This non-response led the U.S. court to grant a default judgment in favor of GPGC.

Chief Judge James E. Boasberg emphasized that the arbitral judgment fell under the New York Convention, which requires member states, including the United States, to recognize and enforce international arbitration awards.

He further noted that Ghana had voluntarily submitted to international arbitration when entering the power purchase agreement, waiving its sovereign immunity in the process.

Although GPGC was not awarded pre-judgment interest, Ghana will be obligated to pay post-judgment interest at rates set by U.S. law.

This adds an additional financial burden to the $111.5 million judgment as the payment accrues further interest over time.

The country narrowly avoided a separate $11 billion arbitration award in the infamous P&ID case, which was eventually overturned due to findings of corruption and bribery.

However, in the GPGC case, multiple European courts have upheld enforcement orders, leaving Ghana with limited legal recourse.

The court’s decision is expected to place added pressure on Ghana as it faces mounting financial obligations related to international arbitration disputes.

GPGC has indicated that it will pursue all available legal avenues to ensure full recovery of the damages awarded by the tribunal, including possible enforcement actions in other jurisdictions.

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Zhongshang Fucheng Moves to Auction Nigerian Properties in UK Following $70M Arbitration Award

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Bola Tinubu

Zhongshang Fucheng Industrial Investment Ltd has escalated its efforts to collect a $70 million arbitration award from Nigeria by putting two residential properties in Liverpool up for sale.

This significant development follows a 2021 arbitration verdict against Nigeria, which remains unsettled.

The Chinese investment group has reportedly listed two buildings linked to the Nigerian government—15 Aigburth Hall Road and Beech Lodge, 49 Calderstones Road—on the global online marketplace eBay.

The move is part of a broader strategy to recover the outstanding $70 million, which includes a principal amount of $55,675,000, plus interest and legal costs, as stipulated by the arbitration verdict.

The arbitration stemmed from a dispute between Zhongshang Fucheng and Ogun State over a trade treaty violation.

The company claimed that Ogun State rescinded its rights to a free trade zone in 2016, prompting a legal battle that saw Zhongshang’s executives expelled from Nigeria.

The British court granted Zhongshang the authority to seize Nigerian assets in the UK after the Nigerian government failed to settle the arbitration judgment.

The seizure and subsequent auction of these properties mark a pivotal moment in the ongoing legal conflict.

The properties were confiscated because they were not classified as diplomatic or consular assets, making them subject to seizure under the court’s orders.

According to sources familiar with the situation, the properties are valued at approximately $2.2 million.

Zhongshang Fucheng has opted for an online auction to expedite the sale, aiming to reach a broad pool of potential buyers.

The decision to use eBay highlights the company’s commitment to transparency and swift asset recovery.

“This move is not just about recovering the funds; it’s a demonstration of our commitment to enforcing the arbitration award and ensuring that due process is followed,” said a consultant working with Zhongshang Fucheng, who spoke on condition of anonymity.

The Nigerian government, already grappling with similar arbitration cases, is facing increased scrutiny as European courts have granted enforcement orders in several countries, including the UK, Belgium, and France.

The ongoing conflict with Zhongshang Fucheng has intensified pressure on Nigerian authorities to address these legal and financial challenges more effectively.

In June 2024, the UK High Court, King’s Bench Division, ruled in favor of Zhongshang’s right to seize the Liverpool properties.

Master Lisa Sullivan’s ruling emphasized that the properties were used for commercial purposes, thereby excluding them from sovereign immunity protections.

The case against Nigeria underscores broader issues related to international arbitration and asset recovery, reflecting a growing trend of global legal disputes over state assets.

For Zhongshang Fucheng, the auction of the Liverpool properties represents a critical step in securing the funds awarded by the arbitration panel.

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