I do not seem to know what the labour unions, which marched out recently against the electricity tariff increase ordered by the Nigeria Electricity Regulatory Commission (NERC) are up to next. Reports had it that they picketed the offices of the distribution companies across the country. They did so as a mark of their rejection of the 45 per cent increase in electricity tariffs, which takes effect this month.
The picketing, whatever it was worth, was followed by a meeting between government and labour. Not much is known about what transpired between government and the labour unions. But what is known to all is that labour has not been talking after the nationwide picketing of the distribution companies.
There is also the reported case of a court order obtained by a concerned Nigerian, which forbids the electricity distribution companies otherwise known as Discos to go ahead with the new tariffs. The court has since ordered a temporary suspension of the hike, pending the determination of the suit. We also know of a contempt application, urging the court to move against NERC for undermining the court’s authority by going ahead to increase tariff in disregard to a subsisting court order. There have been responses and counter motions from NERC. But after the forth and back movement, a Federal High Court has finally barred NERC from going ahead with the tariff hike until the determination of the suit, challenging its action.
Meanwhile, the distribution companies are having a ball. They are jibing at those who are opposed to the increase. For them, the tariff increase has taken effect and there is no going back on it. Whatever anybody is doing is, therefore, sheer waste of time. The demonstrations and picketing by labour unions are, for the discos, sheer acrobatics; an exercise in futility.
These are some of the vibes issuing forth from the disputed electricity tariff increase.
The sudden silence, which has enveloped the issue after the initial ‘garagara’ is a sign of what is about to happen. By the end of this month, electricity consumers in Nigeria will be served with the new, increased tariff and they will have no choice but to pay. NERC has decreed that they must pay. Government, which ought to protect the people is behind NERC and the distribution companies. It has asked Nigerians to pay, no matter the condition. In the face of this establishment gang-up, the people are helpless. They cannot but obey the last order.
So, what will the courts do if NERC goes ahead to implement the tariff increase despite the order? What will consumers of electricity do if the Discos disrespect the order of the court and serve them with the new tariff? These questions will serve as the litmus test the issue will face in the weeks ahead.
In the face of all of this, an argument is going on. NERC is arguing that the act that established it empowers it to regulate operations in the electricity sub sector. It holds that if it must do certain things differently, the act has to be amended to accommodate the realities of the moment. For instance, the commission has dismissed the resolution by the Senate of the Federal Republic, ordering it not to go ahead with the tariff increase. The debate relied on the argument that as representatives of the people, they have a responsibility to listen to and take action on their yearnings and outcries. But NERC says it is not bound by law to obey the resolutions of parliament.
But all of this sound academic. What really matters is the bottom line. Will there be an increase or not? Granted that there is already an increase, the issue then is: Must the consumer comply by paying the new bill?
The consumer, strictly speaking, does not have much control over the situation. He is at the mercy of the distribution companies. But, ideally, he has those that ought to protect him. It is the responsibility of government to protect the consumer. But the power sector reform act did not think much about the consumer when it was being put together. That is why government is not insisting that the consumers should be provided with meters by the discos to make for transparent billing system. If anything, the act is meant to protect the private investor. He must recover his capital in a few years, even if it is at the expense of the consumer. That is why it empowers the distribution companies to go ahead with a new tariff regime without making a reasonable effort to improve on power supply to the consumer. The consumer must pay, regardless of whether the discos live up to expectation or not.
However, if government has failed the consumer, his last hope will then reside with labour. That is the scenario the present situation in Nigeria conjures. As should be expected, labour stuck out its neck. But that was temporary. It was ephemeral. It was done for the sake of it. There was no commitment, no clear-cut agenda to square up with the oppressors of the people. Now the scene has been deserted. You cannot see labour anywhere around. The consumer is left to carry his can.
What the present leadership of the labour unions is doing is hardly surprising. It is in line with their method of operation. The leadership of labour in Nigeria is in the habit of talking tough. As all time agitators, they have their own set of vocabularies, which they employ freely to make an impression on the people. The struggle, they will tell you, must continue. Victory, they will also say, is certain. That is the common refrain. But sometimes those who went to school among them will take it a bit further. They will go into dialectical materialism derived from the teachings of Karl Marx and Friedrich Engels. Relying on this, they will draw a line between the bourgeoisie and the proletariat. A historical struggle between them will ensue. In the end, the proletariat will triumph. It is a philosophy of consolation. It is used to give hope to the oppressed and the hopeless. But as a helpless lot, the wretched of the earth cannot but rely on this phantom hope.
This, I fear, will be the lot of the Nigerian electricity consumer under the present circumstance. Labour, his last hope, will not be able to come to his rescue. In fact, labour has already done its best by picketing the distribution companies. Those who are expecting more or much from it will be disappointed. Labour lost its sting long ago. It faded when it could not manage its accustomed fury. Now, what it does is to bark; it does not bite. Those who think otherwise should wait with bated breath as we watch labour and its capacity in the weeks to come.
SUN
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