Socio-Economic Rights and Accountability Project (SERAP) has sent an open
letter to the Minister of Power, Works and Housing Babatunde Fashola, SAN
requesting him to use his “good offices and leadership position to urgently
enforce your directives to electricity distribution companies (DISCOs) to
provide free pre-paid meters to Nigerians, and end the use of patently
illegal and inordinate estimated billing across the country.”
The organization asked Mr Fashola to “take this step within 7 days of the
receipt and/or publication of this letter, failing which SERAP will
institute appropriate legal proceedings to compel the discharge of your
ministerial and statutory duty in this matter in order to ensure completion
of metering of unmetered customers and total abolition of estimated billing
in the country.”
In the letter dated 22 May 2017 and signed by SERAP executive director
Adetokunbo Mumuni, the organization expressed “concern that while countries
like Zambia are subsidising electricity payments to enable consumption by
socially and economically vulnerable groups, this government is implicitly
promoting the use of unjustifiable estimated billing, and increasing
consumer costs. The use of estimated billing is marginalizing Nigerians
living in extreme poverty, disproportionately affecting women, children and
the elderly, and increasing their vulnerability to discrimination.”
According to the organization, “Excessive billing of customers is
arbitrary, unfair, unjust, unreasonable and exploitative of millions of
socially and economically vulnerable groups. SERAP is concerned that the
apparent failure of your office to exercise due diligence and effective
regulatory oversight on DISCOs to ensure full compliance with your
directives to provide free pre-paid meters to Nigerians has denied millions
of customers regular and uninterrupted access to electricity.”
The letter read in part: “It’s the responsibility of this government and
your ministry to ensure that the privatisation of the power sector does not
impair in any way, shape, or form access of Nigerians to regular and
uninterrupted electricity supply by among others actively promoting the
provision of pre-paid meters to all Nigerians particularly the socially and
economically vulnerable groups. Nigerians should not be penalized by
disconnection or denial of access to electricity because they cannot pay
unwarranted estimated bills.”
“It’s unlawful for DISCOs to disconnect electricity supplies on the basis
of unpaid estimated bills. This government and your ministry bear
responsibility for the failure and/or refusal of DISCOs to provide free
pre-paid meters to millions of Nigerians.
“Several years after the country’s power sector was privatized, millions of
Nigerian households particularly the socially and economically vulnerable
sectors of the population continue to complain about outrageous bills for
electricity not consumed, and poor power supply from distribution firms.
Despite several directives and deadlines by both your office and the
Nigerian Electricity Regulatory Commission for DISCOs to provide free
pre-paid meters to customers, our information reveals that millions of
electricity users across the country remain unmetered.”
“SERAP is concerned that diminished power infrastructure and your
ministry’s inability to enforce your directives and regulations on
provision of pre-paid meters to Nigerians means that millions of customers
continue to be exploited through the use of patently illegal estimated
billing by DISCOs.”
“SERAP continues to receive complaints through our helpline against
corruption in the electricity sector that majority of consumers still get
estimated bills. While electricity supply is for the most part declining,
estimated bills continue to go up. In several parts of the country,
consumers pay more for electricity than they pay for house rent. The
feedbacks we have regularly received suggest that unreliable, inefficient
and poor quality of electricity in several parts of the country is majorly
responsible for the deplorable living conditions of millions of Nigerians.”
“SERAP argues that access to regular electricity supply is a prerequisite
for satisfying basic human needs, improving living standards, maintaining
good human health, alleviating poverty and facilitating sustainable
development. SERAP notes that Article 14(2)(h) of the Convention on the
Elimination of All Forms of Discrimination Against Women (CEDAW) to which
Nigeria is a state party explicitly recognises electricity as a human
right.”
“Similarly, the UN Commission on Sustainable Development has argued that
sustainable development is attainable through universal access to
cost-effective energy sources. Moreover, the African Commission on Human
and Peoples’ Rights has adjudged the failure of States to provide basic
services such as electricity as violating the right to health.”
“SERAP believes that electricity provides a safe means of cooking (through
electric stoves) and food preservation (refrigeration). Electricity is
therefore essential to agriculture and a prerequisite for food security.
Electricity can also be employed to realise the human right to access clean
water. Electric power operates pumps and sanitation systems so that
drinking water is within the safe physical reach of all individuals and
accessible by households, educational institutions and workplaces.”
“SERAP therefore urges you to act diligently and swiftly to enforce your
directives, deadlines and regulations on the provision of free pre-paid
meters to Nigerians and end the use of patently illegal estimated billing
across the country. We also urge to establish independent monitoring teams
to regularly monitor the proportion of households across the country with
pre-paid meters.”
“Should you fail and/or neglect to act as requested within seven days after
the receipt and/or publication of this letter, SERAP will be compelled to
pursue appropriate legal action against your ministry to ensure strict
enforcement of your directives, deadlines and regulations on provision of
free pre-paid meters to Nigerians and an end to estimated billing across
the country.”