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NNPC Refuses to Give Fuel Import Details to Falana

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  • NNPC Refuses to Give Fuel Import Details to Falana

The Group Managing Director, Nigerian National Petroleum Corporation, Maikanti Baru, has said that the oil firm cannot provide the information being sought by a human rights lawyer, Femi Falana (SAN), on fuel importation and sundry matters.

Baru, through an external solicitor, Mr. O. B. Omale of Omale O. B. & Co., in a letter dated May 25, 2018 and received by Falana’s law firm in Abuja on May 28, 2018, said the NNPC could not grant the human rights lawyer’s request.

Falana made the letter available to some select journalists on Monday.

As part of the grounds for the denial of the request, Omale said the NNPC was not a public institution covered by the provisions of the Freedom of Information Act, 2011 under which Falana requested the information.

The letter read in part, “We are solicitors to the Nigerian National Petroleum Corporation (hereinafter referred to as our client), who has passed on to us your letter addressed to the Minister of State for Petroleum Resources, dated April 17, 2018 in respect of the above subject matter with express instruction to respond appropriately to it.

“Please be informed that our client does not fall within the purview of the Freedom of Information Act, 2011. The provision of the Act, particularly Section 31 thereof, is clear and unambiguous as to the meaning of the public institution.

“Our client is neither a legislative, executive, judicial, administrative nor advisory body of the government of Nigeria.

“It is a body established by law to manage the commercial interests of Nigeria in the oil and gas sector of the economy and conduct trade therein.

“It cannot therefore by any stretch of imagination be brought within the definition of public institution under the Act.

“This position has received judicial endorsement via the Federal High Court’s decision in several cases, including two cases instituted by Messrs Public & Private Developments Centre Limited in suit Nos. FHC/ABJ/CS/278/2013 and FHC/ABJ/CS/279/2013.”

Falana had in his letter to the Minister of State for Petroleum Resources, Ibe Kachikwu, raised some concerns about the oil industry and asked him to respond within seven days, pursuant to the Freedom of Information Act.

But the minister told Falana in a letter dated April 21, 2018, with reference number, HMS/MPR/085/VOL.1/389, that he had directed the GMD of the NNPC; the Director, Department of Petroleum Resources, Modecai Ladan; and Executive Secretary, Petroleum Products Pricing Regulatory Agency, Saidu Abdulkadir, to provide the information sought by the lawyer.

Kachikwu had asked them respond to Falana subject to the limits of the firm’s contractual, legal and business confidentiality.

“I, therefore, have directed them, working through the GMD of the NNPC, to furnish you with such information as you have requested, subject to the limits of their contractual, legal and business confidentiality,” Kachikwu’s letter had read in part.

But the NNPC appears to have latched on the caveat of “subject to the limits of their contractual, legal and business confidentiality” contained in Kachikwu’s letter.

Responding on behalf of the corporation in the letter entitled, ‘Re: Request for information on fuel importation and sundry matters’, Omale said even if the NNPC was a public institution, the documents sought by Falana were excluded by the FoI Act.

He also said the request by Falana would not serve any public interest.

The letter stated, “Assuming without conceding that our client is a public institution, which we vehemently deny, we humbly posit that the documents and information requested are expressly excluded from the purview of the Act by virtue of the provisions of Section 15(1)(a)-(c) thereof, as they relate to trade secrets; commercial and financial information, which obviously are either subject to no-disclosure agreements or whose disclosure will likely interfere with contractual rights and obligations of third parties or harm their interests; and there is nothing in your letter to indicate that prior consent of the third parties to the disclosure was obtained.

“It is also our client’s opinion that your request will not serve any public interest whatsoever so as to bring it within the purview of section 15(4) of the FoI Act in view of the fact that the documents and information requested do not relate to public health, public safety or protection of the environment.

“While assuring you that our client is a law abiding and responsible corporate citizen that complies with all extant laws, legislation and regulations, be advised that in view of the foregoing, your request is hereby denied.”

Falana had in his original request to Kachikwu stated, “In December 2017, the management of the NNPC disclosed that the nation’s consumption rate of fuel was 28 million litres per day and that subsidy cost was N726m per day, i.e., N261.4bn per annum. But on March 5, 2018, the Group Managing Director of the NNPC, Dr. Maikanti Baru, claimed that the figure had metamorphosed to 50 million litres per day and that the NNPC had spent $5.8bn (N1.7tn) on fuel importation in January and February 2018.

“Furthermore, at a public forum held in Abuja two weeks ago, you (Kachikwu) stated that the consumption rate of fuel had skyrocketed to 60 million and that the cost of subsidy was N1.4tn! We are not unaware that the increasing consumption rate has been blamed on the smuggling of imported fuel from Nigeria to neighbouring countries by some economic saboteurs.”

Is the CEO/Founder of Investors King Limited. A proven foreign exchange research analyst and a published author on Yahoo Finance, Businessinsider, Nasdaq, Entrepreneur.com, Investorplace, and many more. He has over two decades of experience in global financial markets.

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Nigeria’s N3.3tn Power Sector Rescue Package Unveiled

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President Bola Tinubu has given the green light for a comprehensive N3.3 trillion rescue package.

This ambitious initiative seeks to tackle the country’s mounting power sector debts, which have long hindered the efficiency and reliability of electricity supply across the nation.

The unveiling of this rescue package represents a pivotal moment in Nigeria’s quest for a sustainable energy future. With power outages being a recurring nightmare for both businesses and households, the need for decisive action has never been more urgent.

At the heart of the rescue package are measures aimed at settling the staggering debts accumulated within the power sector. President Tinubu has approved a phased approach to debt repayment, encompassing cash injections and promissory notes.

This strategic allocation of funds aims to provide immediate relief to power-generating companies (Gencos) and gas suppliers, while also ensuring long-term financial stability within the sector.

Chief Adebayo Adelabu, the Minister of Power, revealed details of the rescue package at the 8th Africa Energy Marketplace held in Abuja.

Speaking at the event themed, “Towards Nigeria’s Sustainable Energy Future,” Adelabu emphasized the government’s commitment to eliminating bottlenecks and fostering policy coherence within the power sector.

One of the key highlights of the rescue package is the allocation of funds from the Gas Stabilisation Fund to settle outstanding debts owed to gas suppliers.

This critical step not only addresses the immediate liquidity concerns of gas companies but also paves the way for enhanced cooperation between gas suppliers and power generators.

Furthermore, the rescue package includes provisions for addressing the legacy debts owed to power-generating companies.

By utilizing future royalties and income streams from the gas sub-sector, the government aims to provide a sustainable solution that incentivizes investment in power generation capacity.

The announcement of the N3.3 trillion rescue package comes amidst ongoing efforts to revitalize Nigeria’s power sector.

Recent initiatives, including tariff adjustments and regulatory reforms, underscore the government’s determination to overcome longstanding challenges and enhance the sector’s effectiveness.

However, challenges persist, as highlighted by Barth Nnaji, a former Minister of Power, who emphasized the need for a robust transmission network to support increased power generation.

Nnaji’s advocacy for a super grid underscores the importance of infrastructure development in ensuring the reliability and stability of Nigeria’s power supply.

In light of these developments, stakeholders have welcomed the unveiling of the N3.3 trillion rescue package as a decisive step towards transforming Nigeria’s power sector.

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Nigeria’s Inflation Climbs to 28-Year High at 33.69% in April

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Nigeria's Inflation Rate - Investors King

Nigeria is grappling with soaring inflation as data from the statistics agency revealed that the country’s headline inflation surged to a new 28-year high in April.

The consumer price index, which measures the inflation rate, rose to 33.69% year-on-year, up from 33.20% in March.

This surge in inflation comes amid a series of economic challenges, including subsidy cuts on petrol and electricity and twice devaluing the local naira currency by the administration of President Bola Tinubu.

The sharp rise in inflation has been a pressing concern for policymakers, leading the central bank to take measures to address the growing price pressures.

The central bank has raised interest rates twice this year, including its largest hike in around 17 years, in an attempt to contain inflationary pressures.

Governor of the Central Bank of Nigeria has indicated that interest rates will remain high for as long as necessary to bring down inflation.

The bank is set to hold another rate-setting meeting next week to review its policy stance.

A report by the National Bureau of Statistics highlighted that the food and non-alcoholic beverages category continued to be the biggest contributor to inflation in April.

Food inflation, which accounts for the bulk of the inflation basket, rose to 40.53% in annual terms, up from 40.01% in March.

In response to the economic challenges posed by soaring inflation, President Tinubu’s administration has announced a salary hike of up to 35% for civil servants to ease the pressure on government workers.

Also, to support vulnerable households, the government has restarted a direct cash transfer program and distributed at least 42,000 tons of grains such as corn and millet.

The rising inflation rate presents significant challenges for Nigeria’s economy, impacting the purchasing power of consumers and adding strains to household budgets.

As the government continues to grapple with inflationary pressures, policymakers are faced with the task of implementing measures to stabilize prices and mitigate the adverse effects on the economy and livelihoods of citizens.

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FG Acknowledges Labour’s Protest, Assures Continued Dialogue

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Power - Investors King

The Federal Government through the Ministry of Power has acknowledged the organised Labour request for a reduction in electric tariff.

The Nigeria Labour Congress (NLC) and Trade Union Congress (TUC) had picketed offices of the National Electricity Regulatory Commission (NERC) and Distribution Companies nationwide over the hike in electricity tariff.

The unions had described the upward review, demanding outright cancellation.

Addressing State House correspondents after the Federal Executive Council (FEC) meeting on Tuesday, Minister of Power, Adebayo Adelabu, said labour had the right to protest.

“We cannot stop them from organizing peaceful protest or laying down their demands. Let me make that clear. President Bola Tinubu’s administration is also a listening government.”

“We have heard their demands, we’re going to look at it, we’ll make further engagements and I believe we’re going to reach a peaceful resolution with the labor because no government can succeed without the cooperation, collaboration and partnership with the Labour unions. So we welcome the peaceful protest and I’m happy that it was not a violent protest. They’ve made their positions known and government has taken in their demands and we’re looking at it.

“But one thing that I want to state here is from the statistics of those affected by the hike in tariff, the people on the road yesterday, who embarked on the peaceful protests, more than 95% of them are not affected by the increase in the tariff of electricity. They still enjoy almost 70% government subsidy in the tariff they pay because the average costs of generating, transmitting and distributing electricity is not less than N180 today.

“A lot of them are paying below N60 so they still enjoy government’s subsidy. So when they say we should reverse the recently increased tariff, sincerely it’s not affecting them. That’s one position.

“My appeal again is that they should please not derail or distract our transformation plan for the industry. We have a clearly documented reform roadmap to take us to our desired destination, where we’re going to have reliable, functional, cost-effective and affordable electricity in Nigeria. It cannot be achieved overnight because this is a decay of almost 60 years, which we are trying to correct.”

He said there was the need for sacrifice from everybody, “from the government’s side, from the people’s side, from the private sector side. So we must bear this sacrifice for us to have a permanent gain”.

“I don’t want us to go back to the situation we were in February and March, where we had very low generation. We all felt the impact of this whereby electricity supply was very low and every household, every company, every institution, felt it. From the little reform that we’ve embarked upon since the beginning of April, we have seen the impact that electricity has improved and it can only get better.”

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