‘NERC has no constitutional power to dissolve BEDC management’ – CDHR

The Committee for the Defence of Human Rights (CDHR)has said that the Nigerian Electricity Regulatory Commission (NERC) has no constitutional power to dissolve the management of the Benin Electricity Distribution Company (BEDC).

National President of CDHR, Comrade Kehinde Taiga, made the declaration on Friday at a press briefing in Warri, Delta State, over the management crisis in the BEDC between Mrs Funke Osibodu and Dr Henry Ajagbawa.

It will be recalled that the board of management of BEDC was dissolved as a result of the take-over by Fidelity Bank in July 2022.

Consequently, Dr Ajagbawa was said to have been allegedly parading himself as the BEDC Managing Director thereby undermining a pending court case on the crisis.

Addressing journalists in Warri, Comr. Taiga said the purportedly ousted Mrs Funke remained the managing director of the electricity distribution company until otherwise proven by the court of law.

He, therefore, urged members of the public to “desist from recognizing and operating with any individual claiming to be the MD of BEDC that is not permitted by the constitution, law the act that established the BEDC.”

According to him, “What NERC did by dissolving the board was unconstitutional. Procedures were not followed. No Board meeting was conveyed before dissolving the constituted board of trustees of BEDC and that brought us to the observation that personal interest was brought into the issue between the BEDC and the NERC which is tantamount to injustice.

“The crisis was that the board of trustees was dissolved unconstitutionally by the NERC. And we all know that in every establishment, there is an administrative order, a procedure that must be followed before any action can be taken.

“Knowing that the BEDC is an organization that is responsible for the distribution of electricity to Nigerians, we have been experiencing stagnant electricity supply based on the irregularities between the BEDC and the NERC.

“The Nigerian Electricity Regulatory Commission must work within the ambit of the law. In every organization some laws regulate the activities so that they won’t go beyond control; that is why we have checks and balances.

“We found out that the Managing Director, Mrs Funke felt that her fundamental right was breached by dissolving the Board of Trustees by NERC without following due process.

“The crisis that is existing within them should be put on hold and whoever is managing the organization should continue his constitutional duty of managing the BEDC until the judgement of the court.

“Before now, it was Mrs Funke that was the MD, they approached the court and an interim injunction was given.

“Until the court makes a judgement on the management, nobody has the right to say otherwise; that is to say that Mrs, Funke remains the authentic Director until the court decides.”

Speaking further, Comrade Taiga warned that causing chaos in the organization by sponsoring illegal protests to desist from such act.

While lamenting the toll the ongoing crisis in BEDC is having on the masses, he appealed to the judiciary to hasten the court process and ascertain who the MD is so that normalcy can return to the distribution of electricity to customers.

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