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Electricity Act (Amendment) Bill: FG may sell 11 Discos to new investors

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The Federal Government may sell the 11 power distribution companies through a re-privatisation process if the Electricity Act (Amendment) Bill, 2025, currently before the National Assembly, becomes law.

The National Assembly has already initiated a legislative process to enforce sweeping reforms that could see core investors in electricity distribution companies lose their stakes if they fail to improve their investment.

The amendment bill, sponsored by Senator Enyinnaya Abaribe (Abia South), seeks to overhaul the 2023 Electricity Act by addressing regulatory gaps, as it warned that investors risk losing their stakes through share dilution, receivership, or outright re-privatisation if fresh capital is not injected into the sector within 12 months, following years of poor performance and a worsening debt crisis.

This clause comes into effect immediately after an assent is granted to the ongoing amendment of the Electricity Act 2023. The bill has passed its second reading and is currently undergoing further legislative action and discussions.

If passed into an Act, it will empower the Nigerian Electricity Regulatory Commission to compel core investors in the 11 successor Discos to inject fresh capital or face stiff regulatory action, including share dilution, receivership, or outright re-privatisation.

This was disclosed in the draft amendment to the Principal Act, seen by The PUNCH, on Monday. The proposed Electricity Act (Amendment) Bill, 2025, has already attracted condemnation from the Forum of Commissioners of Power and Energy, warning that the bill poses a serious threat to the country’s newly decentralised electricity market and could reverse key reforms achieved under the landmark Electricity Act of 2023.

The bill also gives the commission powers to impose sanctions, including dilution of shares or re-privatisation, on defaulting Discos, particularly those under receivership or financial distress.

The PUNCH reports that there are 11 Discos in Nigeria that service different regions across the country. They include Abuja Electricity Distribution Company, Benin Electricity Distribution Company, Eko Electricity Distribution Company, Enugu Electricity Distribution Company, and Ibadan Electricity Distribution Company.

Others are Ikeja Electricity Distribution Company, Jos Electricity Distribution Company, Kaduna Electricity Distribution Company, Kano Electricity Distribution Company, Port Harcourt Electricity Distribution Company, and Yola Electricity Distribution Company.

Under the new law, a comprehensive framework must be developed within 12 months to overhaul the financial structure of the Nigerian Electricity Supply Industry, with a strong focus on attracting long-term local currency investments and phasing out what the bill describes as “unstructured and regressive subsidies.”

According to Sections 228J and 228K of the amended Act, the Minister of Power, in consultation with NERC, is required to develop and implement a robust financing framework aimed at de-risking investments across the power value chain and resolving the sector’s chronic debt overhang, estimated at over N4tn.

However, power sector experts and consumer advocacy groups have argued that the proposed law, if passed, can only be effectively implemented if the long-standing subsidy debts crippling the sector are first cleared.

They also recommend extending the recapitalisation deadline to 24 months, similar to the approach adopted during the banking sector recapitalisation, to allow for a more realistic and structured transition.

A copy of the amended act read, “Financing of Projects in the NESI: The Federal Government shall, through the minister and in consultation with the Nigerian Electricity Regulatory Commission, establish a comprehensive framework for financing of projects in the NESI within 12 months from the commencement of this Bill.

“The framework referred to under subsection(1) of this section shall give regard to the extant National Electricity Policy and Strategic Implementation Plan and aim to attract and de-risk investments across the power value chain from generation, transmission, distribution, reduce diesel and petrol-based self-generation and address crippling financial crisis and debt overhang in the Nigerian power sector.”

The proposed Act stipulates that the new financing framework must prioritise long-term local currency financing for gas-to-power and distributed energy projects, a transparent and predictable tariff regime that guarantees cost recovery, the recapitalisation of Discos under NERC’s supervision, a clear determination of federal and state equity stakes in the Discos, and the provision of fiscal and tax incentives to attract investment and avert a sector collapse.

It noted, “The framework established under section 228I of this Bill shall include, but not limited to the following: long-term local currency capital financing for gas-to-power optimisation projects; distributed energy projects, etc, to mitigate foreign exchange risks for investors;

“Commitment to a transparent and predictable tariff regime that allows for cost recovery for efficient operators, progressively phasing out regressive and unstructured subsidies.

“Concession of certain power plants under the portfolio of the Niger Delta Power Holding, as well as commencement and completion of successor Discos’ recapitalisation to be implemented through the directive and supervision of the Nigerian Electricity Regulatory Commission.”

It further stated that the regulatory commission shall have the power to direct the core investors in the 11 successor distribution companies, including those under receivership, to recapitalise their respective equity holdings within such a time frame not exceeding 12 months from the commencement of this bill, and in deserving circumstances impose appropriate sanctions for non-compliance with its directive under this subsection, including an order for dilution of such shares held by core investors or re-privatisation.

It added, “A determination of Federal Government equity stakes in the 11 successor distribution companies with a clear timeframe of not later than 12 months from the commencement of this bill, for both the federal and state governments to make their respective contributions reflective of their equity holdings in the 11 successor distribution companies; and

“Such other mechanisms, such as fiscal and tax incentives to prevent the collapse of the NESI. Without prejudice to the provisions of subsection (2)(c) of this Section, the commission shall have the power to direct the core investors in the 11 successor distribution companies, including those under receivership, to recapitalise their respective equity holdings within such a time frame not exceeding 12 months from the commencement of this bill, and in deserving circumstances impose appropriate sanctions for non-compliance with its directive under this subsection, including an order for dilution of such shares held by core investors or re-privatisation.

“The commission shall consult widely and take such measures as are necessary to ensure that the implementation of any order or directive on recapitalisation under sub-section (3) of this section neither disrupts continuity of service nor undermines investor confidence in the NESI.”

The government’s tough stance follows years of poor performance by the Discos, which continue to deliver erratic power supply despite multiple interventions, including debt forgiveness, financial bailouts, and tariff adjustments.

In May, the Federal Government openly expressed disappointment in the Discos, accusing them of frustrating ongoing reforms. At a media briefing in Abuja, the Minister of Power, Adebayo Adelabu, lamented that despite trillions of naira sunk into the sector, many Nigerians remain in darkness.

“The performance of the Discos has been grossly underwhelming,” Adelabu declared. “We can no longer tolerate excuses. If you can’t invest, give way to those who can.”

“We need to get tough with the Discos, as they can easily frustrate all the gains we have made. They have disappointed us in performance expectations. Whatever we do in generation does not mean anything to consumers if it is frustrated at the distribution points”.

A May 2025 report by the Bureau of Public Enterprises showed that more than 70 per cent of Discos have failed to meet key performance benchmarks set at the time of privatisation in 2013.

Reacting to the proposed timeline and pending directive, an official of power distribution companies dismissed concerns over the impact of the recently amended Electricity Act on Discos, saying the law is binding when assented to, and must be implemented by all stakeholders.

Reacting to industry debates surrounding the new legal provisions, the official, who spoke on condition of anonymity due to the lack of authorisation to speak on the matter, told The PUNCH that the focus should be on compliance and collaboration rather than resistance.

“It is totally irrelevant to say the law affects Discos. When the National Assembly makes laws, it is binding on all of us. What we should all do is to collectively implement and follow the law,” the official said.

The source noted that the amendments strengthen the powers of the Nigerian Electricity Regulatory Commission, a move the Discos are prepared to support.

“The regulatory commission has its powers, and when there is an amendment that further enhances that power, we are all for it. We believe in the wisdom of the National Assembly to amend the law, and we are ready to work with all stakeholders to ensure that the laws are implemented,” he added.

An electricity market expert, Chinedu Amah, says that the electricity sector challenges are not due to a lack of policies, but rather a failure to implement existing frameworks effectively.

The expert noted in an interview on Tuesday that Nigeria is already saturated with policies and proposals, stressing that “policy overload” has become a recurring problem in the sector.

“We have policies on everything in Nigeria. So I don’t think it is a policy problem. Yes, there are policy gaps, but maybe we should just remove all the subsidies, flatten the tariff regime, and allow the market to drive investments,” the source said.

He added that while distribution companies have a responsibility to expand the grid and invest in infrastructure, the conversation must go beyond mere obligations.

“I don’t think it’s enough to say Discos need to make investments. You can’t force them to grow their business. But if there’s a critical infrastructure gap, it must be solved, whether by government, the private sector or through partnerships,” the official said.

However, another Power sector analyst, Habu Sadiek, called for key preconditions to ensure the initiative’s success. Reacting to provisions in the recently amended Electricity Act, Sadiek welcomed the plan but stressed the need for the government to first address pending financial issues within the sector.

“I think it’s a good thing,” he said. “But the government needs to do two things before initiating a recapitalisation programme: settle all outstanding subsidy payments and allow cost-reflective tariffs to prevail.” According to him, without resolving these issues, recapitalisation may not achieve its intended objectives.

He also criticised the 12-month window proposed for Discos to recapitalise, suggesting it was too short and unrealistic given current economic pressures. “Giving the current Disco owners 24 months, rather than 12, would have been better, similar to the Central Bank of Nigeria’s recapitalisation programme,” Sadiek added.

Additional efforts to get comments from the NERC on the issue proved abortive as the phone number of the Director, Public Affairs, Usman Arabi, was unreachable.

Meanwhile, the Minister of Power, Adebayo Adelabu, confirmed ongoing efforts to deploy special teams to underperforming power distribution companies as part of a broader restructuring programme.

Recall that in May 2025, the ministry announced a major overhaul of the power distribution sector, beginning with a pilot reform programme targeting two underperforming electricity distribution companies.

The pilot, scheduled to commence between May and August 2025, will involve one Disco each from the Northern and Southern parts of the country. The plan to restructure the companies came after a meeting with the Japanese International Cooperation Agency, which presented a roadmap titled “Revamping of the Distribution Sector in Nigeria”.

But giving an update on the process which is scheduled to end next month, the Special Adviser, Strategic Communications and Media Relations to the minister, Bolaji Tunji, on Monday, said the process is still ongoing. “It is an ongoing thing and we will brief you at the appropriate time,” he simply stated.

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UK Charity Commission freezes over 100 bank accounts linked to MFM

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On Tuesday, the UK’s Charity Commission announced it had frozen the assets of Mountain of Fire and Miracles Ministries International (MFM), a Nigerian-founded church.

On its website, the UK government concluded that its trustees failed to manage the organisation’s finances properly across its UK branches.

The UK Charity Commission is a non-ministerial department that registers and regulates charities in England and Wales, to ensure that the public can confidently support charities.

MFM, founded by Nigerian cleric Daniel Olukoya, is one of Nigeria’s most influential Pentecostal churches. It has a strong global presence, particularly in the United Kingdom, where many Nigerian diaspora communities worship.

MFM is not the first Nigerian-founded church to face scrutiny in the UK. In recent years, other Nigerian-origin churches, including SPAC Nation in December 2024 and Christ Embassy in November 2019, have been investigated regarding governance and financial accountability concerns.

The incident raises broader questions about how rapidly expanding churches adapt their internal systems when moving into regulated environments like the UK, where religious organisations registered as charities must meet strict financial reporting standards.

The case has, therefore, sparked wider conversations about financial transparency and governance among fast-growing African churches operating overseas.

How the investigation began

On 27 March 2018, the Charity Commission opened a statutory inquiry into MFM under Section 46 of the UK’s Charities Act 2011. Concerns have been raised regarding the possible misappropriation of charity funds and weak internal financial controls.

The Commission discovered that the church had expanded rapidly in the UK, growing from a few branches to more than 90 locations nationwide, without developing a solid financial governance structure to match its growth.

According to the final report, the Commission found that trustees did not properly oversee more than 100 separate bank accounts operated by different church branches. These accounts were opened and managed autonomously, often without informing central leadership or providing timely income reports.

Commission’s report

The commission reported that the church’s branches operated independently without central approval and that Major financial decisions, such as property purchases and lease agreements, were made without trustee authorisation.

Additionally, some branches used properties without securing planning permissions, leading to costly legal actions. It highlighted that Poor employment contract management resulted in financial settlements for employment disputes, and the lack of a unified monetary system created serious risks to charitable funds.

As a result, the regulator concluded that donor money was at risk due to weak financial oversight and poor governance.

Interim Manager Appointed to Restore Control

On 1 August 2019, following serious concerns about the trustees’ ability to manage the charity effectively, the Commission appointed an interim manager under Section 76(3)(g) of the Charities Act. The interim manager worked alongside the trustees to implement critical financial controls.

This oversight continued until 13 September 2024, when the interim manager was discharged after making progress.

Following the conclusion of the investigation, the Charity Commission announced that it had frozen the charity’s assets to prevent further financial risk while strengthening accountability structures.

Amy Spiller, Head of Investigations at the Charity Commission, said:

“The rapid growth of a charity comes with correspondingly larger potential risks, as our inquiry clearly shows. In this case, the trustees’ fundamental failure to maintain financial controls meant donor funds were at serious risk across their entire network.”

She added that the trustees are better positioned to ensure financial responsibility and compliance following regulatory intervention.

Regulatory Action

Upon completing its review, the Commission issued a regulatory action plan that required MFM to strengthen its governance policies and improve financial transparency. The Commission has confirmed that trustees have complied with the action plan, and the charity is now expected to operate under stricter financial controls going forward.

When this report was filed, neither MFM International nor its founder, Daniel Olukoya, had issued a public statement in response to the Charity Commission’s findings.

Collins Edomaruse, the media aide to Mr Olukoya, did not respond to calls or text messages.

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MDAs under fire as FG probes TSA violations

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The Federal Government, through the Office of the Accountant General of the Federation, has ordered all Ministries, Departments and Agencies to submit their statements of accounts in commercial banks.

The government said the move was part of its plans to maintain financial discipline.

This was disclosed in a memo signed by the Accountant-General of the Federation, Shamseldeen Ogunjimi, which was obtained by our correspondent on Tuesday.

Ogunjimi in the memo expressed grievance over the continuous usage of commercial banks by MDAs despite an earlier directive ordering MDAs to close such accounts and focus on the use of the Treasury Single Account domiciled in the Central Bank.

Recall that the government in February mandated MDAs to stop the use of commercial banks, as it opposes the framework of the TSA.

While reiterating the Federal Government’s commitment to the Treasury Single Account policy, the Accountant-General of the Federation urged the Federal Pay Officers to monitor and ensure that Ministries, Departments, and Agencies in the States do not operate any account with the commercial banks or circumvent any provision of the TSA policy,” the statement by the OSGF said in February.

Reacting to the new memo, Ogunniyi said, “It has been observed with dismay that funds belonging to the Federal Government are still domiciled in several accounts held with commercial banks, contrary to Federal Government Circulars and the operational framework of the Treasury Single Account, which mandates the consolidation of all Federal Government revenues and receipts into the TSA domiciled with the Central Bank of Nigeria.

“In view of the above and following the Honourable Minister of Finance directive, all Directors/Heads of Finance and Accounts in Federal Government Ministries, Departments and Agencies and Federal Government-owned Enterprises are immediately required to submit Statements of all Bank Accounts (active, dormant and closed) maintained in all commercial banks over the last six (6) months, clearly indicating account names, account numbers, bank branches and current balances.”

“This directive takes immediate effect and must be treated with the utmost urgency, as it is part of the ongoing efforts to strengthen fiscal discipline and uphold the integrity of the Treasury Single Account Framework.”

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Kanu to defend self, lists Danjuma, Wike, Sanwo-Olu as witnesses

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The detained leader of the outlawed Indigenous People of Biafra, Nnamdi Kanu, made a dramatic turn on Tuesday by informing the Federal High Court in Abuja that he was ready to open his defence.

This came just hours after Omoyele Sowore, the 2023 presidential candidate of the African Action Congress, led protests in parts of Abuja demanding Kanu’s release.

Kanu had, last Thursday, filed a preliminary objection challenging the court’s jurisdiction to continue his trial.

The objection came on the same day a team of medical experts appointed by the court declared him medically fit to stand trial, Channels reports.

In a fresh motion personally filed on Tuesday, October 21, Kanu told the court that he was prepared to begin his defence “pursuant to the order of this honourable court made on the 16th day of October 2015, directing the defendant to commence his defence on the 24th day of October 2025.”

He disclosed plans to call 23 witnesses divided into two categories, “ordinary but material witnesses” and “vital and compellable witnesses”, the latter to be summoned under Section 232 of the Evidence Act, 2011.

The motion, which Kanu personally signed, suggested that he may have disengaged his legal team, led by Senior Advocate of Nigeria Kanu Agabi.

He also requested 90 days to conclude his defence due to the number of witnesses he intends to call.

Kanu stated that he would testify on his own behalf, “providing a sworn account of the facts, denying the allegations, and explaining the political context of his statements and actions.”

Among those listed as “compellable witnesses” were former Minister of Defence, Gen. Theophilus Danjuma (retd); former Chief of Army Staff, Gen. Tukur Buratai (retd); Lagos State Governor, Babajide Sanwo-Olu; and Imo State Governor, Hope Uzodinma.

Others include the Minister of the Federal Capital Territory, Nyesom Wike; Minister of Works, Dave Umahi; and former Abia State governor, Okezie Ikpeazu.

Kanu also listed former Attorney General of the Federation, Abubakar Malami (SAN); former Director-General of the National Intelligence Agency, Ahmed Rufai Abubakar; and Director-General of the Department of State Services, Yusuf Magaji Bichi, among others whose identities he withheld.

Kanu pledged to submit sworn statements from all voluntary witnesses and to notify the prosecution within a reasonable time.

He assured the court that “no precious time of the honourable court would be delayed,” adding that “justice must not only be done but be manifestly seen to have been done.”

Meanwhile, on the same day Kanu filed his motion, a magistrate court in Abuja ordered the remand of his special counsel, Aloy Ejimakor, and 12 others arrested during protests demanding his release.

The police charged the 13 defendants with criminal conspiracy, disobedience of a lawful order, inciting disturbance, and disturbance of public peace — offences contrary to sections 152, 114, and 113 of the Penal Code Law.

Those named in the first two information reports include Ejimakor, Kanu’s brother Emmanuel, Joshua Emmanuel, Wilson Anyalewechi, Okere Kingdom Nnamdi, Clinton Chimeneze, Gabriel Joshua, Isiaka Husseini, Onyekachi Ferdinand, Amadi Prince, Edison Ojisom, Godwill Obioma, and Chima Onuchukwu.

The magistrate, after briefly standing down the case, ordered their remand at Kuje Correctional Centre and adjourned the matter till October 24 for arraignment.

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