The Bureau of Public Enterprises
(BPE) has compelled Enugu
Electricity Distribution Company
(EEDC) to handover the contentious
Aba ring-fenced territory in Abia
state to Aba Power Limited (APL),
BusinessDay can authoritatively
disclose.
The formal handover will take place
tomorrow September 10, at 11 am at
the NERC office. The event will be
witnessed by the Nigerian Electricity
Regulatory Commission, dignitaries
from Ministry of Power and office of
the Secretary to the Government of
the Federation (SGF).
BusinessDay investigations also
revealed that Interstate Electrics and
EEDC are kicking against the
impending hand-over of Aba ring
fence to Aba Power Limited and are
making last minute efforts to scuttle
it through court injunction.
Aba Power and Geometric Power
Limited have been engaged in a
desperate tussle to excise the ring-
fenced islands at Aba and Ariaria
from the Enugu Distribution
Company, arguing that existing
agreements between the Federal
Government and Aba Power Limited
and Geometrics, give it the
ownership of the very lucrative part
of the South East electricity
distribution market.
Enugu Electricity Distribution
Company on the other hand, has
continuously affirmed its rightful
ownership of the Aba distribution
area, insisting that the Aba area –
Owerri-nta, Osisi Oma, Ogbor Hill,
Factory Road, and Port Harcourt
Road in Aba, Abia State – with its
assets, is an integral part of the
Enugu Disco coverage and cannot be
excised.
The latest fire which the BPE
appears to have stoked, may have
drawn the EEDC and Geometric and
Aba Power back to the trenches.
The $500 million Aba power plant
has capacity to produce and
distribute about 141 megawatts (MW)
of electricity in its first phase, with
new distribution lines, four new sub-
stations and three rehabilitated sub-
stations. Each plant is to produce 47
MW of power, supported by a 60
MVA transformer.
But EEDC has faulted this, saying
Geometric Power’s inability to
comply with Article 4.(1)(1)(a) 9
years (108 months) from the effective
date of the lease agreement,
constitutes a fundamental breach of
the lease agreement.
Robert Dickerman, managing
director of the company, stressed
that Geometric ’s assignment of its
interests in the lease to Afrigem
Integrated Utilities Ltd without his
company’s knowledge nor consent, is
a breach of the Lease Agreement.
“We refer to Article 4(1)(1)(a) of the
Lease Agreement which provides as
follows: APL undertakes to distribute
electric power to the ring-fenced
Islands in accordance with the terms
and conditions of this agreement to
commence no later than 12 calendar
months from the effective date. “We
further refer to Article 8(b) of the
Lease Agreement which provides as
follows:
Penalty: In the event that APL fails to
supply power to its customers for the
period of 12 months continuously,
NEPA may terminate this Agreement.
We furthermore refer to Clause 1.3
of the Supplemental Agreement
which provides inter-alia:
“The effective date of the Lease
Agreement is hereby amended to the
date of this Supplemental
Agreement” The date of the
Supplemental Agreement is 31st day
of August, 2006.
“Your inability to comply with Article
4.(1)(1)(a) 9 years (108 months) from
the effective date of the Lease
Agreement i.e. 31stday of August
2006 is a fundamental breach of the
Lease Agreement.
We refer also to Article 18.7 of the
Lease Agreement and note that your
purported assignment of your
interests in the Lease to a certain
Afrigem Integrated Utilities Ltd
without our knowledge nor consent
is a breach of the Lease Agreement.
“More grievously, your admitted
challenge of the rights, interests and
title of EEDC to the assets of the
Lease Agreement in Suit No FHC/ABJ/
CS/106/2013 Aba Power Limited &
Anor v Bureau of Public Enterprises
& Anor tantamount to repudiation of
the lease by your good selves.”
Confirming the emergence of
Afrigem as its new investors, Aba
Power Limited, in a said letter signed
by Agatha Nnaji, a director, said: “
We acknowledge with thanks, receipt
of the various letters from the
Bureau of Public Enterprises(“BPE”)
to the Nigerian Electricity Regulatory
Commission (“NERC”), Enugu
Electricity DistributionCompany Pie
(“EEOC”), and our new investors,
Afrigem Integrated Utilities Limited,
all dated 12August 2015, wherein you
unequivocally stated BPE’s firm
stand and decision to uphold the
contentsof the Lease Agreement and
the Supplemental Lease Agreement”.
Enugu Electricity Distribution
Company has taken its case to the
Vice President, who oversees
privatization, as the Chairman of the
National Council on Privatization. It
asked among others, the withdrawal
of BPE’s letter of August 24, 2015 for
the handover of the Abia – Ariaria
section of EEDC network to a certain
Afrigem Integrated Utilities Limited,
in observance of the hallowed
principles of Rule of Law accord due
regard and respect to the ongoing
determination of the matter by the
Court of Appeal by restraining BPE
and indeed any government agency
from interfering with subject matter
until final determination by the
courts and the investigation of the
Petition of EEDC to NERC with
respect to APL Distribution License in
accordance with the ESPR Act.
“ With due respect, we consider the
BPE letter ill-advised for the
following reasons:
The subject-matter thereof is still
pending at the Court of Appeal in a
suit in which BPE is a principal
party. BPE’s letter seeks to over
reach the Court of Appeal.
It is not to be believed that the
Federal Government will lend its
support to fragrant abuse of the rule
of law or clear act of contempt of
Court of Appeal.
Afrigem Integrated Utilities Limited
is not a party to the transaction or
the “Leases”. EEDC has never
received any request for its
necessary consent to any assignment
of the rights in the lease (if any) to
any third party including the said
Afrigem Integrated Utilities Limited.
Consent of the “Lessor is mandatory
to any assignment or other
alienation process under the Lease.
EEDC has not given its consent to
any assignment or other
arrangement with any third party.
EEDC’s petition to NERC for the
withdrawal of APL’s Distribution
License which was copied to BPE is
yet to be determined in accordance
with ESPR ACT. BPE’s letter, seeks to
over reach the outcome of that
petition.


http://businessdayonline.com/2015/09/bpe-compels-enugu-disco-to-handover-aba-ring-fence-to-apl/

hmmmn

Not sure if Emeka offor led interstate really wants to continue being in in charge of Enugu disco this one they are challenging this.
I hope they know namadi sambo is no longer there

Abagworo:
The Bureau of Public Enterprises
(BPE) has compelled Enugu
Electricity Distribution Company
(EEDC) to handover the contentious
Aba ring-fenced territory in Abia
state to Aba Power Limited (APL),
BusinessDay can authoritatively
disclose.
The formal handover will take place
tomorrow September 10, at 11 am at
the NERC office. The event will be
witnessed by the Nigerian Electricity
Regulatory Commission, dignitaries
from Ministry of Power and office of
the Secretary to the Government of
the Federation (SGF).
BusinessDay investigations also
revealed that Interstate Electrics and
EEDC are kicking against the
impending hand-over of Aba ring
fence to Aba Power Limited and are
making last minute efforts to scuttle
it through court injunction.
Aba Power and Geometric Power
Limited have been engaged in a
desperate tussle to excise the ring-
fenced islands at Aba and Ariaria
from the Enugu Distribution
Company, arguing that existing
agreements between the Federal
Government and Aba Power Limited
and Geometrics, give it the
ownership of the very lucrative part
of the South East electricity
distribution market.
Enugu Electricity Distribution
Company on the other hand, has
continuously affirmed its rightful
ownership of the Aba distribution
area, insisting that the Aba area –
Owerri-nta, Osisi Oma, Ogbor Hill,
Factory Road, and Port Harcourt
Road in Aba, Abia State – with its
assets, is an integral part of the
Enugu Disco coverage and cannot be
excised.
The latest fire which the BPE
appears to have stoked, may have
drawn the EEDC and Geometric and
Aba Power back to the trenches.
The $500 million Aba power plant
has capacity to produce and
distribute about 141 megawatts (MW)
of electricity in its first phase, with
new distribution lines, four new sub-
stations and three rehabilitated sub-
stations. Each plant is to produce 47
MW of power, supported by a 60
MVA transformer.
But EEDC has faulted this, saying
Geometric Power’s inability to
comply with Article 4.(1)(1)(a) 9
years (108 months) from the effective
date of the lease agreement,
constitutes a fundamental breach of
the lease agreement.
Robert Dickerman, managing
director of the company, stressed
that Geometric ’s assignment of its
interests in the lease to Afrigem
Integrated Utilities Ltd without his
company’s knowledge nor consent, is
a breach of the Lease Agreement.
“We refer to Article 4(1)(1)(a) of the
Lease Agreement which provides as
follows: APL undertakes to distribute
electric power to the ring-fenced
Islands in accordance with the terms
and conditions of this agreement to
commence no later than 12 calendar
months from the effective date. “We
further refer to Article 8(b) of the
Lease Agreement which provides as
follows:
Penalty: In the event that APL fails to
supply power to its customers for the
period of 12 months continuously,
NEPA may terminate this Agreement.
We furthermore refer to Clause 1.3
of the Supplemental Agreement
which provides inter-alia:
“The effective date of the Lease
Agreement is hereby amended to the
date of this Supplemental
Agreement” The date of the
Supplemental Agreement is 31st day
of August, 2006.
“Your inability to comply with Article
4.(1)(1)(a) 9 years (108 months) from
the effective date of the Lease
Agreement i.e. 31stday of August
2006 is a fundamental breach of the
Lease Agreement.
We refer also to Article 18.7 of the
Lease Agreement and note that your
purported assignment of your
interests in the Lease to a certain
Afrigem Integrated Utilities Ltd
without our knowledge nor consent
is a breach of the Lease Agreement.
“More grievously, your admitted
challenge of the rights, interests and
title of EEDC to the assets of the
Lease Agreement in Suit No FHC/ABJ/
CS/106/2013 Aba Power Limited &
Anor v Bureau of Public Enterprises
& Anor tantamount to repudiation of
the lease by your good selves.”
Confirming the emergence of
Afrigem as its new investors, Aba
Power Limited, in a said letter signed
by Agatha Nnaji, a director, said: “
We acknowledge with thanks, receipt
of the various letters from the
Bureau of Public Enterprises(“BPE”)
to the Nigerian Electricity Regulatory
Commission (“NERC”), Enugu
Electricity DistributionCompany Pie
(“EEOC”), and our new investors,
Afrigem Integrated Utilities Limited,
all dated 12August 2015, wherein you
unequivocally stated BPE’s firm
stand and decision to uphold the
contentsof the Lease Agreement and
the Supplemental Lease Agreement”.
Enugu Electricity Distribution
Company has taken its case to the
Vice President, who oversees
privatization, as the Chairman of the
National Council on Privatization. It
asked among others, the withdrawal
of BPE’s letter of August 24, 2015 for
the handover of the Abia – Ariaria
section of EEDC network to a certain
Afrigem Integrated Utilities Limited,
in observance of the hallowed
principles of Rule of Law accord due
regard and respect to the ongoing
determination of the matter by the
Court of Appeal by restraining BPE
and indeed any government agency
from interfering with subject matter
until final determination by the
courts and the investigation of the
Petition of EEDC to NERC with
respect to APL Distribution License in
accordance with the ESPR Act.
“ With due respect, we consider the
BPE letter ill-advised for the
following reasons:
The subject-matter thereof is still
pending at the Court of Appeal in a
suit in which BPE is a principal
party. BPE’s letter seeks to over
reach the Court of Appeal.
It is not to be believed that the
Federal Government will lend its
support to fragrant abuse of the rule
of law or clear act of contempt of
Court of Appeal.
Afrigem Integrated Utilities Limited
is not a party to the transaction or
the “Leases”. EEDC has never
received any request for its
necessary consent to any assignment
of the rights in the lease (if any) to
any third party including the said
Afrigem Integrated Utilities Limited.
Consent of the “Lessor is mandatory
to any assignment or other
alienation process under the Lease.
EEDC has not given its consent to
any assignment or other
arrangement with any third party.
EEDC’s petition to NERC for the
withdrawal of APL’s Distribution
License which was copied to BPE is
yet to be determined in accordance
with ESPR ACT. BPE’s letter, seeks to
over reach the outcome of that
petition.


http://businessdayonline.com/2015/09/bpe-compels-enugu-disco-to-handover-aba-ring-fence-to-apl/

http://businessdayonline.com/2015/09/federal-high-court-rejects-enugu-discos-claims-over-aba-ring-fence/ let us hope this reaches a conclusion today and be done with