ELECTRICITY,
DEVELOPMENT AND HUMAN RIGHTS
By Tive
Denedo
The Electricity
Act 2003 is at heart a legislation that is intended by those who
framed supported and passed it, to bring reforms and relief to
one agency that has brought us much grief. However, the good intentions
are only as far as the letter of the legislations are concerned.
The law, which the legislation attempts to replace, is the same
in spirit; an underlying needs to generate more money even without
offering quality services. The energy strategy of the legislation
is supply oriented as clearly indicated in the opening paragraph,
which states, "The overwhelming objective of the Electricity Power
Policy statement is to ensure that Nigeria has an ESI (Electricity
Supply Industry)". The economic under current of an ESI is to
consider electricity as a merchandise that should be sold for
the highest returns.
However,
viewed correctly, electricity ought to be looked at by a government
that is striving to provide incentives for stability as a social
service made available at a cost efficient rate to citizens as
part fulfillment of the obligation of the 199 constitution under
the Fundamental Objectives and Direct Principles of State Policies.
Within a few weeks of the passing of the Act, NEPA applauded the
move by raising tariffs; Higher tariffs are assured in the not
too distant future. Chapter 2 (16) (1a) of the Constitution made
a demand that "the state shall harness the resources of the nation
and promote national prosperity and an efficient, dynamic and
self reliant economy." With the current state of electricity in
the country, it will be charitable to expect in the next hundred
years to meet the standard required by the constitution As the
backbone for the supply of electricity (the grid) is already in
place, it makes for sound economic judgement to give light to
100 million people at N50 each than to sell 50 million at N100
each. Whatever gains may accrue, will be used in containing restiveness,
conflicts and resource wars in areas that are without electricity.
A supply oriented energy policy limits the possibilities for energy
efficiency, conservation and renewable sources. The prevailing
trend that satisfies eco-demands is for them to be transformed
into energy services companies, selling efficiency that is guided
by least cost planning that includes environmental and social
cost.
A sustainable
energy balance, which is long over due for this country, should
give equal attention to both the supply and end-user side of the
electricity industry. Although there is a national feeling of
dissatisfaction about NEPA but it will be too distressful to correct
the first mistake with another error that may be more injurious
to national peace and progress. The new legislation provides a
window for aggrieved consumers to seek redress through litigation
process. What would it profit a large scale and vertically integrated
industry to be caught in the legal process that may run its full
course to the apex court? In a country where the judiciary is
still in the process of its own reforms, the battle may be long
drawn and costly both in terms of the financial resources and
the relationship between NEPA and the consumer. Emphasis should
be on standards and efficiency of electricity and not on who will
win the battle of wits between NEPA and those it must serve. There
is also the provision of a measure of relief for the partially
abled and the aged who are expected to pay less for electricity
consumption. In a country that is experiencing a statiscal blackout,
where government consistently refuse to give out even harmless
information it is impossible to identify the households that should
enjoy this grace. The last experiment on price differentiation
on petrol ended in ignominy. Lets save ourselves another opportunity
of showing the world the crassness of our policies.
The legislation
is over whelmingly silent on developing renewable and sustainable
sources of energy as complementary sources to the fossil fuel
supported hydro and thermal generating plants. It is not only
in their contribution to greenhouse gases and the exorbitant cost
of maintenance that recourse to renewable energy is imperative
but in the prevailing realities that the existence of those plants
are threatening their own survival. Global warming is the major
cause of rivers like Kanji having insufficient water to power
the turbines. Resources wars in the gas-rich Niger Delta is making
access to gas difficult. It translate to an energy crises and
it would be hard to justify that in a land with enormous natural
resources for energy generation we can slip into total darkness.
A piece of legislation like the Electricity Act which has enormous
potential to determine whether this country goes up or down should
not have been subjected to a high level of verbiage that its import
is locked up in technical terms.
Electricity
carries an economic and social value that is widely recognized
as an invaluable tool for industrial and domestic growth and also
as an important factor in the quality of life. It allows for the
culture and well being of a people spreading even further, the
powerful instruments of progress and development. Electricity
ought to and should be made to respond to the needs of the Nigerian
people. It should illuminate the darkness in their lives, bring
them optimism, meet their aspirations, disperse their fears and
contribute to strengthening the economy of this nation. Nigerians
need to take a long hard and redesign the Act to reflect their
expectations before accepting it as a way of the energy crises.
Tive Denedo is Project Director, Renewable Energy Center, Ikeja,
Lagos
