The Senate has been told it has no constitutional power to order the reversal of the hike in electricity tariff recently carried out by distribution companies.
A former Chairman of the Nigerian Electricity Regulatory Commission, Dr. Sam Amadi, said this in an interview with Vanguard newspapers.
Amadi said the Senate’s directive was illegal, unconstitutional and a direct encroachment on executive independence.
He told Vanguard: “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.
“It is a subtle derogation of the powers of the executive.
“It offends the concept of separation of power.
“The legislature should not interfere and direct executive action.
“That is clearly against the law.
“It is unconstitutional.”
Amadi equally said the NERC, as currently constituted, was not competent to suspend or rescind the tariff order issued by its former Board.
He said until a new board was reconstituted to consider reviewing or totally suspending the order, “nobody anywhere can validly review or suspend the current tariff”, adding: “It is not wise for the Senate to instruct NERC to stop the tariff.
“It will create serious regulatory risks across the market value chain.
“People will begin to look at it and say there is no independence of the industry regulator.”
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