Senate, NERC and the new order

One of the major sources of friction between the executive and legislature is the penchant by the former to, over the years, disregard motions or resolutions passed by either the House of Representatives or Senate. Though a motion, in a strict parliamentary procedure, is not binding on the executive, it is a request by the […]

One of the major sources of friction between the executive and legislature is the penchant by the former to, over the years, disregard motions or resolutions passed by either the House of Representatives or Senate.
Though a motion, in a strict parliamentary procedure, is not binding on the executive, it is a request by the parliament for the executive to act on.
However, due to the over bearing nature of executive arm in Nigeria, many of the motions passed by either of the two chambers were never implemented by the relevant agencies of government.
At a point, the former Speaker of the House of Representatives and now Sokoto State governor Aminu Waziri Tambuwal had to complain in the presence of former President Goodluck Jonathan about his administration’s disregard for the resolutions of the National Assembly.
Giving a vote of thanks on the occasion of 2013 budget presentation by Jonathan on Oct. 10, 2012, Tambuwal said, “…the National Assembly is becoming increasingly concerned about the disregard for its resolutions and public comments by certain functionaries of the Executive on same.
But the recent action of Nigerian Electricity Regulatory Commission (NERC) in responding to the Senate resolutions has restored the hope of Nigerians that the era of frosty relationship between the executive and the legislature is over and that the individual agencies of government are ready to key into the legislative agenda of the 8th Senate, which is doing things differently and giving value to Nigerians.
The Senate had on Aug. 11, 2015 asked the NERC to abolish the monthly fixed charges being collected from electricity consumers by the distribution companies.
The resolution followed a motion titled, “Unfair trade practices of electricity distribution companies in Nigeria”, sponsored by Senators Sam Egwu and David Umaru.
The senators accused the Discos of ripping off innocent customers despite epileptic supply of electricity to their homes and business premises. They urged NERC to inquire into numerous complaints before it in line with the provisions of Section 74 (1) (b) of the Power Reform Act.
The Senate had noted that NERC was established to, among others, license and regulate persons engaged in the generation, transmission, system operation distribution and trading of electricity.
The same NERC was also empowered by Section 32(1) (d) of its enabling legal regime to ensure that the prices charged those licensed are fair to customers and are sufficient to allow the firms to finance their activities.
The lawmakers, however, noted that the Discos since the beginning of their operations in Nigeria had been ripping off consumers through fixed charges and bulk metering across the country.
All the senators who contributed to the debate condemned the activities of the electricity distribution companies.
The Senate President, Bukola Saraki, lamented that Nigerians were not feeling the impact of the electricity firms despite the huge sums they were charging their customers. He urged the firms and the relevant agencies supervising them to be alive to their responsibilities.
Though the far reaching resolutions passed by Senate sought to free Nigerians from exploitative practices by the electricity companies, many remained indifferent, knowing that such motions do not usually attract any attention from the executive and its agencies.
However, on Aug. 23, 2015 Nigerians woke to the cheering news that not only the NERC had responded to the Senate resolution but went a step ahead to bow to the upper chamber by directing  Distribution Companies (Discos) to look into the issue of fixed charges.
The commission, in a 7-page response to  the Senate resolutions, said it had asked the distribution companies to find a way to restructure the fixed charges such that no one would be made to pay for electricity not consumed.
Chairman/Chief Executive Officer, NERC, Sam Amadi, who signed the letter to the Senate, said even though the fixed charge collected was not illegal, the commission had been able to intervene in the matter.
“Based on the intervention of the commission, the distribution companies have agreed to find a way to restructure the fixed charge such that a consumer who does not receive electricity supply does not pay the fixed charge.
On the bulk metering of customers, the commission said it is totally in agreement with the Senate on the need to eliminate the sharp practice.
The development has no doubt open a new vista in the executive – legislature relationship that, if sustained, will enthrone genuine democracy and facilitate the change agenda of the present administration.
The Senate, by passing the resolution, has once more demonstrated that it is responsive to the yearnings of Nigerians, just as it raised hope that this dispensation will no longer be business as usual.
Muhammad Abdul writes from Kaduna.