Energy
At GOCOP Confab: Liyel Imoke says alleged expenditure of a phantom $16b delayed Nigeria’s power sector reforms
Imoke, who was also Chairman of the Power Sector Technical Board under the Obasanjo administration, stated this as a matter of fact in his keynote at the 8th Annual Conference of the Guild of Corporate Online Publishers (GOCOP), themed: “Nigeria: Tackling insecurity, power deficit, and transitioning to digital economy.”
Admitting that the National Electric Power Authority (NEPA), as it then was, was a monopoly, he said that electricity distribution was also a monopoly even as the execution of so many programmes faced various challenges.
He referred to the undue delay in implementation of the power sector reforms, which resulted from the probe of the claim of a phantom expenditure of $16 billion on the sector under the administration.
According to him: “The power sector probe took about two years. The delay led to huge cost overruns; doubling costs of various contracts awarded during my tenure. Several of these projects were delayed in completion. As we speak, we still have several IPP projects that are ongoing.”
He said that at the end of the probe, they found out that there was no missing $16b, but lamented that the alleged expenditure of the phantom $16b had been used as a political tool to criticize “those of us in government.”
Imoke fingered inadequate information as the trigger for the allegation, pointing out that, for instance, on his watch as Minister of Power, the actual spending was between $2b and $3b, much of which went to the original electric manufacturer.
The former power minister said that insecurity, power deficit, and the slowness in Nigeria’s transition to a full digital economy were challenges impeding national growth and development.
According to him: “These are challenges that impede our growth as a nation. They make us less globally competitive. If you look at electricity insecurity and digital economy and if we tackle these, we will be on our way to economic growth.”
He said to unlock Nigeria’s potential, the administration must tackle insecurity, noting that there had been insurgency and the emergence of Boko Haram, which split into ISWAP.
“We have experienced banditry, kidnapping, armed killings, mass kidnapping, and illegal mining. These days, we can’t go to a gathering of this magnitude without seeing someone who had been kidnapped before. This is one of our new realities,” he stated.
He implicated ethnic tension as a contributory cause of communal violence, adding that grievances in the Niger Delta caused a lot of insecurity in the region in the 2000s.
Imoke spoke about organized private crimes in the Gulf of Guinea, which created insecurity in the area and the separatist marginalization in the southeast region, leading to agitation
He stated that, for instance, between 2009 and 2020, insurgency by Boko Haram alone resulted in over 40,000 deaths.
Imoke listed poverty, high unemployment rate, which was in 1999 put at six per cent, in 2022 put at 22 per cent but which as of today is approaching 40 per cent, weak governance and corruption as well as climate change, as some of the factors that contributed or fuelled insecurity in the country.
He also listed proliferation of small arms and violent crimes across the country as a sore thumb, lamenting that there were more arms with some non-state actors put in their hands by desperate politicians and which at the end of elections, were not retrieved from them and on which they now depended to survive.
Saying that hope was not lost, Imoke declared that successive administrations had succeeded in degrading Boko Haram and recovering territories in the Northeast hitherto seized by the group.
According to him, “The military was able to degrade the group and reclaim the areas in the Northeast around Maiduguri.”
He listed other successes as the decrease in Boko Haram insurgency and deaths by 23 per cent according to the global terrorism index, adding that “there is also reduction of militancy in the Niger Delta as there is no more MEND in the region.”
He continued: “Oil production has significantly rebounded until recently because during the era of MEND, oil production dropped below 1.5 m barrels per day.
“There is anti-piracy measure launched through NIMASA and international collaborators to reduce the piracy in the Gulf of Guinea. Piracy decreased by 58 per cent between 2020 and 2021 in the Gulf of Guinea.
“In the Southeast, the arrest of Nnamdi Kanu is an achievement in the region…Nigerian government has increased its surveillance measures; its counter insurgency operation has been used in combating terrorism. We now have drone technology and others to attack security issues across the board. The persistent Boko Haram issue has been watered down, but there is a humanitarian issue. About 2.7m people have been affected. The UN said that 350,000 people have died as a result of insurgency.”
He, however, noted that Herder-farmers’ conflict was still ongoing, pointing out that over 2,600 people were reportedly killed in 2021 alone.
The former Cross River State governor said that continued separatist agitation had led to the death of police officers as well as IPoB members, adding that there had been extra judicial killings and arbitrary arrests, among others.
He said a multifaceted approach was required to effectively tackle security issues in Nigeria, recommending among others community policing, which should be legally regulated, deployment of vigilance groups in securing the communities, and giving consideration to decentralisation of security rather than centralisation that has not worked.
He also established a nexus between security and economy, arguing that “until we can address the state of our economy, we will not able to address security issues effectively.”
He stated that education, skill acquisition, entrepreneurship training, and access to SMES funding were key, adding that a strong and comprehensive rural development programme was necessary to address banditry and farmer-herder conflicts.
“I am a strong believer in peace and mediation. If the government can establish dialogue platforms between farmers and herders, it would reduce competition over land,” he said.
He also said that the procurement process must be transparent and resources should be deployed in the welfare and training of security personnel, adding that the nation’s judicial system must be able to tackle impunity.
While dwelling on power deficit, Imoke said that there was a lack of continuation of policies and programmes, pointing out that “your predecessor is your most valuable material. We always assume that our predecessor did not know anything, and there is a tendency to want to start afresh. It is important for me to always go back to my predecessor to ask for guidance.”
Admitting that electricity problem in Nigeria is the most humongous problem ever, Imoke said that with over 200 million Nigerians, the country’s installed capacity was like 13,000 megawatts. He said: “It sounds like good news, but we only manage to distribute an average of 4,000 megawatts whereas there are potential distributable 20,000 megawatts.”
He reeled out some sobering comparative statistics about per capita electricity consumption by Nigeria and some countries on the African continent based on recent data.
According to the data referred to by Imoke, “Nigeria per capita electricity consumption is between 150 and 200 kilowatts hours per year (kilowatts hour is the amount of electricity delivered to each household in the country in a year); Ghana is between 800 and 1000 kilowatts hour per year; South Africa is between 4000 and 5000 kilowatts hours per year while Ivory coast is between 500 and 600 kilowatts hour per year.”
Imoke lamented the Nigerian situation, adding that “these tell you the strengths of industrial bases of these countries.”
He, however, noted that despite numerous reforms in Nigeria, the power sector had continued to struggle.
Imoke asked if there was a solution in the face of growing demand? He resolved the question somewhat in the negative, pointing out that with the exponential growth in Nigerian’s population, there was a concomitant rising demand on the electricity supply.
On the transitioning to digital economy, Imoke said the growth in e-commerce platforms like Jumia and others was allowing for competition and efficiency.
According to him: “We are in the fourth industrial revolution, and it is a digital revolution. We missed out on the first, second, and third industrial revolutions. It is for us now as a nation, with a deliberateness of government policy, not to lose out on the fourth industrial revolution.
“All the three sectors-security, power and digital economy – are critical to our growth. The three are intertwined challenges that Nigerian must address to unlock her potential.
“With the collective effort of all, Nigerian can truly emerge as a global leader. Let us seize this moment to build a secure, electrified, and digitalized Nigerian that offers prosperity, growth, and development to all.”
Strategic investment in gas assets and infrastructure, Integration of Renewable Energy, and Emissions Reduction through Nature-Based Solutions are the tripod strategies poised to drive Sahara Group’s net zero plan going forward.
This was revealed by its Director, Governance and Sustainability, Ejiro Gray, during the launch of the energy conglomerate’s 2023 Sustainability Report, titled, “Dimensioning the Energy Transition: Path to Net Zero”.
According to Gray, the three-pronged strategy reinforces Sahara’s commitment towards a more sustainable future, with 2060 as the net zero target for Sahara’s operations across Africa, Asia, Europe, and the Middle East.
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“This sustainability report underscores our steadfast commitment to addressing environmental, social, and governance (ESG) factors across our diverse operations along the energy value chain. As a business, we showcase a multifaceted strategy to minimise our environmental impact. This includes various initiatives to reduce greenhouse gas emissions, optimise energy efficiency, and responsibly manage resources,” she said.
She noted that the Sahara Group acknowledges the role of natural gas as a crucial bridge fuel and is already expanding investments in gas to ensure energy security while taking tangible steps towards reducing reliance on fossil fuels and contributing to a cleaner energy mix by launching pilot solar projects.
She noted that in pursuit of emissions reduction, Sahara Group embraced nature-based solutions through investments and partnerships in reforestation and conservation projects.
“Our partnership with Treedom exemplifies this commitment, with the planting of 2,000 trees in Cameroon and Kenya expected to absorb a substantial 900,000 tonnes of CO2 over the next decade,” she added.
The Sahara Group’s path to net-zero emissions has been tiered into distinct phases. In the short term (2022-2030), the focus will be on reducing carbon footprint through initiatives like fleet electrification, cycling programs, and energy efficiency measures. In the medium term (2031-2040), Sahara will look to further diversify its energy portfolio and increase investments in renewable energy projects. Ultimately, the goal is to achieve net-zero emissions by 2060 through offsetting any remaining emissions through nature-based solutions and other carbon reduction initiatives.
On his part, Head, Corporate Communications, Sahara Group, Bethel Obioma, pointed out the report’s comprehensive scope, which encompasses various affiliates within the Sahara Group, including Asharami Energy, Sahara Trade, Asharami Synergy, Egbin Power, First Independent Power Limited, Ikeja Electric, and the Sahara Group Foundation.
Obioma said Sahara’s upstream operations recorded reduction in carbon footprint and exceptional host community relations which led to the implementation of impactful projects focused on enhancing livelihoods, education, and healthcare.
“Launching our Gas to Power project, providing 24-hour electricity to the Ajoki Community in Edo State—a first-of-its-kind initiative, achieving ISO 20400 certification for sustainable procurement and recording a remarkable 3 million Lost Time Injury (LTI) free man-hours, underscores our dedication to both social impact and operational safety,” he said.
He said Sahara also achieved successful outcomes from its midstream, downstream, and power businesses through substantial reductions in carbon emissions, focus on operational efficiency, and implementation of renewable energy sources and energy efficiency measures.
The Socio-Economic Rights and Accountability Project (SERAP) has urged President Bola Tinubu “to direct the Nigerian National Petroleum Company Limited (NNPCL) to immediately reverse the second increase in petrol prices in one month, pending the hearing and determination of the suit before the Federal High Court, Abuja challenging the legality of the powers of the NNPCL to increase petrol prices.”
The SERAP had last month filed a lawsuit against the president and NNPCL “over the failure to reverse the apparently unlawful increase in the pump price of petrol, and to probe the allegations of corruption and mismanagement in the NNPCL.”
In the open letter dated 12 October 2024 and signed by SERAP deputy director Kolawole Oluwadare, the organisation said: “The latest increase in petrol prices makes a mockery of the case pending before the Federal High Court, and creates a risk that the course of justice will be seriously impeded or prejudiced in this case.”
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The SERAP said, “One of the fundamental principles of the rule of law is that it applies to everyone, including presidents and CEOs of public institutions.”
According to the SERAP, “It is in the public interest to keep the streams of justice clear and pure, and to maintain the authority and integrity of the court in the case.”
The SERAP also said, “Allowing the Federal High Court to hear and determine the case would be entirely consistent with the letter and spirit of the Nigerian Constitution 1999 [as amended], your oath of office and oft-repeated promises to uphold the rule of law.”
The letter, read in part: “SERAP notes that since assumption of office in May 2023 you have repeatedly promised, including in your inaugural speech, that ‘Nigeria will be impartially governed according to the Constitution and the rule of law.’”
“Increasing petrol prices while the Federal High Court case is pending would prejudice and undermine the ability of the court to do justice in the case, damage public confidence in the court, prejudice the outcome of the case, as well as impede the course of justice.”
“We would be grateful if the recommended measures are immediately taken following the receipt and/or publication of this letter, failing which SERAP shall consider contempt proceedings and/or other appropriate legal actions to compel your government and NNPCL to comply with our request in the public interest.”
“If not immediately reversed, the latest increase in petrol prices would seriously undermine the integrity of the Nigerian Constitution and have serious consequences for the most vulnerable and disadvantaged Nigerians and the public interest.”
“Protecting the right to a judicial recourse and due administration of justice is of utmost importance, being the cornerstone of an ordered society.”
“The only way in which SERAP can have a fair and effective access to justice in this matter is to allow the court to decide, one way or the other, on the merits of the case before it.”
“Reversing the latest increase in petrol prices would allow the court to render a decision on the central issues in the case, and protect the applicant’s rights and interests.”
“The latest increase in petrol prices while the Federal High Court case is pending constitutes an interference with the right of SERAP to fairly and effectively pursue a judicial challenge to the decision by your government and NNPCL regarding the first increase in petrol prices.”
“According to our information, the Nigerian National Petroleum Company (NNPC) Limited recently increased the price of premium motor spirit (PMS), also known as petrol, across its retail outlets.”
“The retail price of petrol was increased from N897 to N1,030 per litre. This is the second increase in one month, and followed the increase in September from N600 to N855 per litre, and in some instances above N900 per litre.”
“The two increases followed a scarcity caused by the reported refusal by suppliers to import petroleum products for the NNPCL over a $6 billion debt.”
“According to the recently published 2020 audited report by the Auditor General of the Federation (AGF), the Nigerian National Petroleum Corporation (NNPC) failed to remit over USD$2 billion and N164 billion of oil revenues into the Federation Account. The Auditor-General fears that the money may have been diverted into private pockets.”
“The NNPCL reportedly failed and/or refused to remit N151,121,999,966. The NNPCL without any justification deducted the money from the oil royalties assessed for 2020 by the Department of Petroleum Resources (DPR) now Nigerian Upstream Petroleum Regulatory Commission (NUPRC).”
“The NNPCL has failed to account for the missing public funds. The Auditor-General wants the money recovered and remitted into the Federation Account.”
“The NNPCL also failed to remit USD$19,774,488.15 collected as government revenue to the Federation Account. The Auditor-General wants the NNPCL to account for the money, recover and remit it into the Federation Account, and to hand over those suspected to be involved to the ICPC and the EFCC.”
“The Nigerian Petroleum Development Company (NPDC) Ltd also reportedly failed to account for USD$2,021,411,877.47 and N13,313,565,786.49 of royalties collected from crude oil and gas sales and gas flare.”
“The Auditor-General wants the public funds fully recovered and remitted into the Federation Account and for those suspected to be responsible for the missing public funds to be handed over to the ICPC and the EFCC.”
“SERAP last month filed a lawsuit asking your government and NNPCL challenging the lawfulness of the increase in the pump price of petrol, and the failure to probe the allegations of corruption and mismanagement in the NNPCL.”
“Joined in the suit as Respondents is the Attorney General of the Federation and Minister of Justice Mr Lateef Fagbemi, SAN. The suit number FHC/ABJ/CS/1361/2024 was filed at the Federal High Court, Abuja.”
“Increasing petrol prices would compromise the interest of the Applicant in the Federal High Court case filed against your government and the NNPCL, as the second increase in one month directly touches on the central issues and the legality of the first increase, which the court is set to determine and rule upon.”
“The core of the principle of judicial independence is the complete liberty of the judge to hear and decide the cases before them on the basis of facts and in accordance with the law, without any improper interference, direct or indirect.”
The lingering energy crisis in Nigeria has been traced to executive rascality, which has seen the Federal Government turn blind eyes to extant provisions of the Petroleum Industry Act, 2021 (PIA), which the Nigerian National Petroleum Company Limited (NNPC Ltd) appears to be breaching.
Legal luminary, Afe Babalola shared these views in an article in the Vanguard Newspapers, under the topic, ‘The NNPC Limited and Dangote Refinery Limited (2)’.
He pointed out that though section 64(c) provides that the NNPC Ltd has the power to lift and sell royalty oil, profit oil and tax oil on behalf of Nigeria, going by section 31(g) of the Act, the Nigerian Midstream and Downstream Petroleum Regulatory Authority (NMDPRA) also has the mandate to ensure the supply of crude oil to local refineries.
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After considering relevant provisions of the Act, the industrialist asserted that “The powers of the NNPC Limited (are) restricted to dealings in royalty oil, profit oil and tax oil only.”
He sees no reason why the relevant organs of the Nigerian government should look away while the NNPC Ltd, usurps the legal duties of the NMDPRA, which he views as “an unpardonable anomaly”, that tends to defeat the idea of free market economy.
He maintained that the seeming connivance of government has created “unfavourable market conditions,” in the energy sector, particularly on the pricing of the Premium Motor Spirit (PMS), also known as petrol, which “is against the intentions of the PIA”.
He noted that government’s undue and illegal interference in the pricing of petrol in the domestic market tends to support imported products as against locally manufactured ones, as typified by the relationship with the Dangote Petroleum Refinery and Petrochemicals.
Babalola pointed out that forcing the Dangote Refinery to import crude was another way of making sure that its products to hit the local market at higher prices, while paying subsidy on imported refined products, ‘smelt like sabotage’.
The “Federal Government of Nigeria should terminate the payment of subsidies on imported petroleum product since it is not paying any subsidy on petroleum products from Dangote Refinery. This will give both products a level playing ground in the market,” Babalola wrote.
He also averred that the FGN and NMDPRA “should call the NNPC Ltd to order for the sake of the Nigerian economy and collective good.
Babalola urged the powers that be to “put mechanisms in place to curb the powers of the NNPC Ltd to sabotage the purchase of PMS from Dangote Refinery.”
In what sounded like despair, Babalola lamented, “Unfortunately, these anomalies have gone unremedied, leading to unfair market practices in a free-market economy like Nigeria.”
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