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Discos Face Sanctions as Metering Scheme Suffers Delay

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Electricity Pole
  • Discos Face Sanctions as Metering Scheme Suffers Delay

Electricity consumers have yet to feel the impact of a scheme introduced last year to expedite the deployment of meters as its implementation has been delayed, ’FEMI ASU writes

When the Nigerian Electricity Regulatory Commission unveiled the Meter Asset Provider Regulation in March last year, electricity consumers who were being subjected to estimated billing by power distribution companies hailed the initiative.

The MAP regulation, which introduced a new set of service providers in the power sector called meter asset providers, was designed to fast-track the roll-out of meters through the engagement of third-party investors for the financing, procurement, supply, installation and maintenance of electricity meters.

The Discos were required to commence the procurement process of engaging meter asset providers to serve their service areas in accordance with an approved roll-out plan.

With the regulation becoming effective on April 3, 2018, the Discos were expected to, within 120 days from the effective date, engage the services of MAPs towards the achievement of their three-year metering targets prescribed by NERC.

But more than nine months after its introduction, the impact of the metering initiative has not yet been felt by consumers as the process of procuring MAPs has not been concluded by the Discos.

The regulator, which only announced on May 23 that it had cleared 22 firms intending to participate in the meter procurement process to be conducted by the Discos, had to extend the deadline for the procurement to October 31.

According to the MAP regulation, the distribution licensees (Discos) and the MAPs shall enter into a metering service agreement, which shall provide for the number of meters to be installed in the distribution licensee’s network over an agreed period and the recovery of the cost of meter asset plus a reasonable return over a period of 10 years, among others.

NERC said the number of firms seeking to become MAPs rose to 115 as of November 22 from the 101 that were granted ‘No Objection’ as of October 17.

The President, Electricity Consumers Association of Nigeria, Mr Chijioke James, said in a telephone interview with our correspondent that the delay in the procurement of MAPs “automatically has continued to foist hardship on the consumers.”

He said, “I think the delay may be intentional. Maybe some people within the Discos are sabotaging the MAP scheme, because I see no reason why you want to collect your money and the instrument that you need to collect the money is lacking.

“If you say you are a distribution company, your primary tool of operation is the meter. How can you distribute and you are finding it difficult to invest in what you will use to collect revenue to defray your costs? The system is such that the consumers are at the receiving end; that is our challenge.”

NERC, in its latest quarterly report released this month, noted that the metering gap for customers still remained a key challenge facing the Nigerian electricity supply industry.

It said out of the 8,310,408 registered electricity customers, only 3,704,302 (about 45 per cent) had been metered as of the end of the third quarter of 2018.

“The majority of customers (55 per cent) are still on estimated billing, thus contributing to customer apathy towards payment for electricity,” the commission said.

It said it had intensified its monitoring of Discos’ implementation of and compliance with the provisions of the MAP regulation in order to fast-track meter roll-out and close the metering gap within three years.

“NERC is not doing enough as the regulator. We have a situation where the consumers hardly get justice. If NERC is serious about protecting the consumers and has put in place a guideline regarding when consumers must be metered, the Discos should be sanctioned if they fail to comply with that guideline,” James said.

Last week, a bill seeking to amend the Electric Power Sector Reform Act, prohibit and criminalise estimated billing passed the second reading at the House of Representatives.

“What informed that bill was the unjust and exorbitant estimated billing that consumers are made to bear,” the ECAN president noted.

The Deputy Director, Consumer Affairs at NERC, Mr Shittu Shaibu, told our correspondent on Friday that the procurement process was being finalised, saying, “In fact, we invited every Disco to come and give us their update because, by January 1, we expected that at least some innovations would take place after the completion of the MAP procurement process.

“All of the Discos have come to see the commission and we are hoping that before the end of this month their reports will be in and we will definitely make the scheme take off. Ideally, by the end of October, the MAP process was supposed to have been concluded after the extension by the commission, so that as from November 1, we expected to have got some reports for the commission to review and give permits to the Discos.”

According to him, some of the Discos have submitted their reports while others are finalising theirs.

Asked what was responsible for the delay, Shaibu said, “There were issues of comparability and interoperability. Both the bidders and the distribution companies had some slight issues in terms of the procurement process, especially the technical evaluation.

“It will not be fair to bring meters that will not be compatible with the billing system, considering the fact that they will not be there for a long time. Those are some of the reasons the Discos are putting forward for the delay. All the same, the commission is on top of the issue and ensuring that the scheme takes off as quickly as possible, because Nigerians are already clamouring and the commission has already put out a paper to cap their estimation.”

According to him, the commission will ensure that the Discos don’t do anything that will jeopardise the MAP initiative.

Shaibu said, “There are a few hitches because this is the first time something like this is being done. The Discos have shown positive signs of wanting to do it. Moreover, it is not an issue of whether they want to do it or not; it is compulsory that they do it because if Nigerians are to be metered the way we want it, there has to be a way out and this MAP is an avenue by which funds will come towards the procurement of meters.

“For now, all the Discos are already guilty of delay and usually when you have delays in the implementation of anything, the commission, of course, applies sanctions, and this one will not be an exception.”

Last Friday, the Minister of Power, Works and Housing, Mr Babatunde Fashola, said the MAP policy would ease the financial pressure facing Discos as new investors would come into the metering space.

“Just in the way the Gencos and Discos were licensed, we are going to license them too as meter asset providers in the value chain of power supply.”

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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Economic Downturn Triggers Drop in Nigerian Air Cargo Activities

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Activity in Nigeria’s air cargo sector declined with cargo volumes dwindling across airports in the country.

The decline fueled by a myriad of factors including rising production costs, diminished purchasing power, and elevated exchange rates, has underscored the broader economic strain facing the nation.

Throughout 2023, key players in the sector, such as the Nigerian Aviation Handling Company (NAHCO) and the Skyway Aviation Handling Company (SAHCO), reported notable decreases in their total tonnage figures compared to the previous year.

NAHCO recorded a six percent decline in total tonnage to 61.09 million kg, while SAHCO’s total tonnage decreased to 63.56 million kg. These declines were observed across various services, including import, export, and courier.

According to industry experts, the downturn in cargo volumes can be attributed to the escalating costs of production, which have soared due to various factors such as higher diesel prices, increased supply chain costs, and fuel surcharges.

Also, the adverse impact of elevated exchange rates, influenced by Central Bank of Nigeria’s policies on Customs Currency Exchange Platform, has further exacerbated the situation.

Seyi Adewale, CEO of Mainstream Cargo Limited, highlighted the challenges facing the industry, pointing to higher local transport and distribution costs, as well as the closure of production/manufacturing companies.

Adewale also noted government policies aimed at promoting local sourcing of raw materials, which have added to the complexities faced by cargo operators.

The broader economic downturn has led to a contraction in Nigeria’s economy, with imports declining as a response to the prevailing economic conditions.

Ikechi Uko, organizer of the Aviation and Cargo Conference (CHINET), emphasized the shrinking economy and reduced import activities, which have had a ripple effect on air cargo volumes.

Furthermore, the scarcity of foreign exchange and trapped funds experienced by carriers have contributed to the decline in cargo operations.

Major cargo airlines, including Cargolux, Saudi Cargo, and Emirates Cargo, have ceased operations in Nigeria, leaving Turkish Airlines as one of the few carriers still operating, albeit on a limited scale.

The absence of freighter cargo airlines has forced importers and exporters to resort to chartering cargo planes at exorbitant rates, further straining the air cargo sector.

 

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Point of Sale Operators to Challenge CAC Directive in Court

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Point of Sale (PoS) operators in Nigeria are gearing up for a legal battle against the Corporate Affairs Commission (CAC) as they contest the legality of a directive mandating registration with the commission.

The move comes amidst a growing dispute over regulatory oversight and the interpretation of existing laws governing business operations in the country.

Led by the National President of the Association of Mobile Money and Bank Agents in Nigeria, Fasasi Sarafadeen, PoS operators have expressed staunch opposition to the CAC directive, arguing that it oversteps its jurisdiction and violates established legal provisions.

Sarafadeen, in a statement addressing the matter, emphasized that the directive from the CAC contradicts the Companies and Allied Matters Act (CAMA) of 2004, which explicitly states that the commission does not have jurisdiction over individuals operating as sole proprietors.

“The order to enforce CAC directive on individual PoS agents operating under their name is wrong and will be challenged,” Sarafadeen asserted, citing section 863(1) of CAMA, which delineates the commission’s scope of authority.

According to Sarafadeen, the PoS operators are prepared to take their case to court to seek legal redress, highlighting their commitment to upholding their rights and challenging what they perceive as regulatory overreach.

“We shall challenge it legally. The court will have to intervene in the interpretation of the quoted section of the CAMA if individuals operating as a sub-agent must register with CAC,” Sarafadeen stated, emphasizing the association’s determination to pursue a legal resolution.

The crux of the dispute lies in the distinction between individual and non-individual PoS agents. Sarafadeen clarified that while non-individual agents, operating under registered or unregistered business names, are subject to CAC registration requirements, individual agents conducting business under their names fall outside the commission’s purview.

“Individual agents operate under their names and are typically profiled with financial institutions under their names,” Sarafadeen explained.

“It is this second category of agents that the Corporate Affairs Commission can enforce the law on.”

Moreover, Sarafadeen highlighted the integral role of sub-agents within the PoS ecosystem, noting that they function as independent branches of registered companies and should not be subjected to the same regulatory scrutiny as non-individual agents.

“Sub-agents are not carrying out as an independent company but branches of a company,” Sarafadeen clarified, urging for a nuanced understanding of the operational dynamics within the fintech and agent banking industry.

In addition to challenging the CAC directive, Sarafadeen emphasized the need for regulatory bodies to prioritize addressing broader issues affecting businesses in Nigeria, such as the high failure rate of registered enterprises.

“The Corporate Affairs Commission should prioritize addressing the alarming failure rate of registered businesses in Nigeria, rather than targeting sub-agents,” Sarafadeen asserted, calling for a shift in regulatory focus towards fostering a conducive business environment.

As PoS operators prepare to navigate the complex legal terrain ahead, their decision to challenge the CAC directive underscores a broader struggle for regulatory clarity and accountability within Nigeria’s burgeoning fintech sector.

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NNPC E&P Ltd and NOSL Begin Oil Production at OML 13, Akwa Ibom State

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NNPC Exploration and Production Limited (NNPC E&P Ltd) and Natural Oilfield Services Limited (NOSL) have commenced oil production at Oil Mining Lease 13 (OML 13) located in Akwa Ibom State.

The announcement came through a statement signed by Olufemi Soneye, the spokesperson of NNPC E&P Ltd, highlighting the collaborative effort between the flagship upstream subsidiary of the Nigerian National Petroleum Corporation (NNPC) and NOSL, a subsidiary of Sterling Oil Exploration & Energy Production Company Limited.

The production, which officially began on May 6, 2024, saw an initial output of 6,000 barrels of oil. The partners aim to ramp up production to 40,000 barrels per day by May 27, 2024, reflecting their commitment to enhancing Nigeria’s crude oil production capacity.

Soneye said the first oil flow from OML 13 shows the dedication of NNPC E&P Ltd and NOSL to drive growth and development in Nigeria’s oil and gas sector.

He stated, “The achievement does not only signify the culmination of rigorous planning and execution by the teams involved but also represents a new era of economic empowerment and development opportunities for the host communities.”

For Nigeria, the commencement of oil production at OML 13 holds immense significance. It contributes to the country’s efforts to increase its oil production capacity, essential for meeting domestic energy needs and driving economic growth.

Moreover, Soneye reiterated NNPC E&P Ltd and NOSL’s commitment to operating in a safe, environmentally responsible, and community-beneficial manner.

This partnership underscores their dedication to sustainable practices and fostering positive impacts in the local communities where they operate.

The commencement of oil production at OML 13 marks a pivotal moment in Nigeria’s oil and gas industry, signifying not only increased production capacity but also the collaborative efforts between industry players to drive growth and development in the nation’s vital energy sector.

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