The directive by the Senate to suspend the new 45 per cent tariff hike has been described as illegal and unconstitutional by former chairman of Nigerian Electricity Regulatory Commission (NERC) Sam Amadi.
He said the order by the Senate for NERC to rescind the tariff is a direct infringement on the independence of the executive to initiate policies, in this case through NERC.
Amadi explained that apart from the Senate lacking the constitutional right to give such a directive, NERC, as currently constituted, was not competent to suspend or rescind the tariff order issued by its former Board.
He argued that until a new board was reconstituted to consider reviewing or totally suspending the order, “nobody anywhere can validly review or suspend the current tariff.”
The Senate President Bukola Saraki, had explained that the suspension was necessary because any increase in cost, without the necessary improvement in service delivery by the power companies was unacceptable.
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