IBEDC management intact, ignore BPE, NERC, says Receiver/Manager
It advised the public to ignore a statement by the Nigerian
Electricity Regulatory Commission, NERC and Bureau of Public Enterprises, BPE,
purporting to take over control and management of IBEDC.
It said the purported takeover was announced "in spite
of a subsisting order of court in suit No. FHC/L/AMC/92/2021, granted on
September 8, 2021, and varied on December 3, 2021, respectively."
It made the claims in a statement by Mr. Kinle Ogunba, SAN.
The Federal Government through NERC and BPE on Tuesday
announced the restructuring of five electricity distribution companies, also
known as DISCOs, in the country.
NERC and BPE listed the affected companies as Kano
Electricity Distribution Company, KEDCO, IBEDC, Benin Electricity Distribution
Company, BEDC, Kaduna Electric, and Port Harcourt Electricity Distribution
Company, PHED.
But the Receiver/Manager's Nominee said in a statement
signed by Ogunba that IBEDC was unlawfully included in the announcement, adding
that the government's publication was "ill-conceived.
It said: "The appointment of a Receiver/Manager; Assets
Management Corporation of Nigeria, AMCON, and its Nominee; 'Kunle Ogunba, SAN, have been duly registered at the archives of the Corporate Affairs
Commission, CAC, Abuja.
"The esteemed members of the public are hereby enjoined
to ignore the publication as the BPE and NERC both in their individual and
collective capacities have no power(s) under any subsisting enactment to take
the steps 'they' have taken as indeed there is no legislation tagged 'Bussiness
continuity framework' anywhere codified in the Nigerian Laws.
"The steps as it touches and concerns IBEDC is an
affront against due process amounting to contempt of court in the peculiar
circumstance, especially in view of the Receiver/Manager's veritable lien
against Integrated Energy Distribution And Marketing Company, IEDM's,
shareholding interests in IBEDC which have been registered and sanctioned by
duly constituted court of law and the concerned authorities aforesaid.
"The general public is hereby informed that the current management of IBEDC remains intact as the Receiver/Manager and its appointed Nominee shall resist any illegal imposition that runs athwart of the spirit and intendments of the recently concluded privatisation exercise in the power sector by the Federal Government and create unnecessary tension and avoidable confusion within the fragile Nigerian Energy Distribution sector."
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