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30th April, 2026

The president and his power sector burdens

Nigeria's electricity sector remains one of the most critical yet troubled components of its economy. Despite decades of reforms, including the landmark Electricity Act 2023, the country continues to experience erratic power supply, infrastructural decay, and financial instability. This article examines the core problems in Nigeria's power sector and proposes practical solutions, supported by relevant legal frameworks, vis-a-vis the solemn promise made to the people of Nigeria by President Bola Ahmed Tinubu in the course of his political campaigns. Power generation is the main issue in regard to the socio-economic development of any nation. In Nigeria, however, successive governments have deployed it for political gains, knowing the importance that Nigerians attach to it. Thus, in 2015 when it was canvassing for votes from the electorate, the All Progressive Congress stated as follows: "INFRASTRUCTURE: APC WILL: Generate, transmit and distribute from current 5,000 - 6,000 MW to at least 20,000 MV of electricity within four years and increasing to 50,000 MW with a view of achieving 24/7 uninterrupted power supply within ten years, whilst simultaneously ensuring development of sustainable/renewable energy." Manifesto of the All Progressive Congress (APC), submitted to the people of Nigeria in the wake of the 2015 general elections. While seeking the mandate of the people to be voted into office, President Tinubu declared that he will surely and certainly fix the power sector issues which will guaranty stable, functional and efficient electricity supply. During the 2023 presidential campaign in particular, the President made a notable promise regarding the Nigerian power sector, stating that if he fails to provide stable electricity within his first four years, Nigerians should not vote for him for a second term. The statement as monitored from his campaign video, states thus: "If I don't keep the promise (of providing electricity) and I come for a second time, don't vote for me," adding that he would provide "24-hour electricity" and end estimated billing. Eleven years after the APC manifesto and three years after his swearing in, the electricity situation has not fared any better, if not worse. For instance, I have never experienced electricity supply in my hometown since I was born, as we are not connected to the national grid at all. Several towns and villages are like my hometown, locked out of any form of development at all, yet we are classified as oil producing. The impression that our leaders in power have conveyed to us is that it is practically impossible to have stable and permanent power supply; that we don't have the resources to build the needed energy plants that will meet the needs of all Nigerians; and that we must accept generators as second nature if we must function and survive as a people. Churches, banks, schools, small businesses, factories, government ministries and departments, police stations, the courts and even PHCN itself, all depend on generators. Instead of fulfilling his promise, the President has exited the epileptic national grid to the suffering masses of Nigerians and this has trickled down as the Nigerian Revenue Service has recently announced its exit too. In reality, the President may have forgotten that he made any promise to Nigerians, since Aso Villa is now powered with modern solar technology. Overview of Nigeria's Power Sector Crisis Nigeria's power sector has long been characterised by inadequate generation, weak transmission networks, and inefficient distribution systems. Although installed capacity exceeds 13,000 MW, actual generation is often far lower due to systemic inefficiencies and constraints. Frequent national grid collapses, blackouts, and dependence on private generators highlight the depth of the crisis. It is very difficult to know what to believe between bogus figures being bandied by the government and the institutions established to manage the power sector. The Major Problems in the Power Sector a. Inadequate Generation Capacity Nigeria generates far less electricity than required for its population of over 200 million people. Structural issues such as gas supply shortages and overreliance on fossil fuels limit output. The system equipment is obsolete and no major investment is imminent to end the rot. b. Poor Transmission Infrastructure The transmission network, largely controlled by the government, is outdated and unable to efficiently evacuate generated power. Aging infrastructure contributes to frequent grid failures. What is required is a total overhaul, not selective attention meant to garner acceptability. c. Inefficient Distribution System Distribution companies (DisCos) struggle with: High technical and commercial losses, mostly from government agencies. Poor metering systems, fueled by corruption and bureaucracy. Inability to recover costs, as the route for such endeavour are very cumbersome and costly. This results in unreliable service delivery and revenue shortfalls. While the consumers are shouting blue murder against the DISCOs, the latter is always complaining of frustration by the system. d. Financial and Liquidity Crisis It has been alleged that the sector is heavily indebted, with trillions of naira owed to generation companies. This discourages investment and limits expansion. We were, however, informed lately that the President has ordered the payment of all legacy debts connected with the power sector. It is therefore surprising that Nigeria is currently experiencing the worst in electricity supply after the financial liquidity issue has been addressed. e. Regulatory and Policy Challenges Prior to recent reforms, the legal framework "primarily the Electric Power Sector Reform Act 2005" was insufficient to address evolving sector challenges, including decentralisation and renewable integration. This led to several suggestions for an amendment of the said Act which was indeed accomplished in 2023. But that has not changed anything. f. Vandalism and Energy Theft Pipeline vandalism, electricity theft, and sabotage of infrastructure further weaken the system and increase operational costs. 3. Legal Framework Governing the Power Sector a. Electricity Act 2023 The Electricity Act 2023 is the most comprehensive reform in Nigeria's electricity sector. It repealed the 2005 Act, decentralised the sector by empowering states to regulate electricity markets, encouraged private sector participation and promoted renewable energy development. These reforms have however remained opaque and elusive as Nigerians still grapple with generators all over the country. b. Nigerian Electricity Regulatory Commission (NERC) Established under earlier reforms and strengthened by the new Act, Nigerian Electricity Regulatory Commission oversees licensing, tariff regulation, and consumer protection. It is considered to be a weak institution, displaying inability to muster the needed willpower to enforce the law. c. National Integrated Electricity Policy (NIEP) This policy provides strategic direction for long-term sector planning and energy mix diversification. 4. Solutions to Nigeria's Power Sector Crisis a. Decentralization and State-Level Electricity Markets The Electricity Act 2023 allows states to generate and distribute electricity independently. This can reduce pressure on the national grid, encourage localised solutions and improve efficiency through competition. The President should develop a road map for the power sector as a matter of priority and this should be done in active collaboration with the states. The convergency of interests should not be visible only on political matters but should be extended to and include developmental projects. b. Investment in Infrastructure Significant investment is required in transmission networks, smart grid technologies and renewable energy systems. Public-private partnerships (PPPs) should be strengthened under the legal framework. Like the reforms implemented in the telecommunications sector, government should be concerned with effective regulation. c. Cost-Reflective Tariffs Implementing tariffs that reflect actual costs "while protecting vulnerable consumers" can improve liquidity and attract investors. d. Promotion of Renewable Energy The law supports renewable energy integration, including solar mini-grids for rural electrification. This reduces dependence on fossil fuels and improves energy access. e. Strengthening Regulation and Governance Enhancing the capacity of Nigerian Electricity Regulatory Commission ensures transparent licensing regime, holistic enforcement of market rules and protection of consumer rights. f. Addressing Sector Debt Government intervention "such as debt refinancing and subsidy reforms"can stabilise the sector financially and restore investor confidence. g. Tackling Vandalism and Energy Theft Stronger enforcement of electricity offences under the Electricity Act 2023 is essential to reduce losses and protect infrastructure. 5. Conclusion Nigeria's power sector crisis is deeply rooted in structural, financial, and regulatory challenges. However, the introduction of the Electricity Act 2023 marks a turning point by providing a modern legal framework for reform. If effectively implemented "alongside investment, decentralisation, and improved governance" the Act offers a realistic pathway to achieving stable and sustainable electricity supply in Nigeria. For now, we hold the President to the solemn promise he voluntarily made to the people of Nigeria that he is willing and able to fulfil that undertaking, failing which he should expect the enforcement of the consequence, which is that Nigerians should not vote for him for a second term in office if the darkness persists. With the resources said to have accrued from the trumpeted economic reforms, there is no reason that Nigerians should keep enduring high tariffs for darkness and estimated billings drain their resources painfully. Abia State has recorded stable power supply through effective partnership with the private sector, so electricity supply is not rocket science and unless the issue is resolved by the President in line with his solemn promise, it may be a burden he will carry for a long time and into the coming election.

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30th April, 2026

Abanobi V the state and the evil of kidnapping (1)

INTRODUCTION According to the learned authors of Black's Law Dictionary, kidnapping is "the crime of seizing and taking away a person by force or fraud, often with a demand for ransom (also manstealing)." For Collins English Dictionary, to kidnap is "to carry off and hold (a person), usually for ransom". This is corroborated by the learned authors of Jowitt's Dictionary of English Law as "the forcible abduction or stealing away of a person, whether a man, woman, or child. It is an offence punishable at common law by fine and imprisonment. Morally speaking, it is wrong to steal anything, how much less a human being. In the ordinary course of events, the law frowns at the intent to take away something with the hope of depriving the owner thereof its permanent use. To kidnap a person therefore connotes that the kidnapper intends to deprive the victim of the use of his or her life, which is why the law places the offence of kidnapping in the same status as murder, with some statutes prescribing the maximum penalty of death. When a 98-year-old great-grandmother is kidnapped, then there should be no remedy for the felon, because such a gruesome act borders on irredeemable depravity. There can be no justification for this heinous display of wickedness by the appellant and his gang, although I am well aware of the challenges faced by citizens in our present dispensation, especially the youth. No matter the difficulties that people face or contend with, it cannot ground the seizure or theft of an old woman, subjecting her to such a traumatic experience of keeping her in the trunk of a car, with all the inconveniences and dangers to her life and safety. But for the police and the act of divine intervention, the poor woman would most probably have died from exhaustion and suffocation even before the criminals got to their evil destination. I join the call upon the government to do more in job creation and youth empowerment, but the youth too must embrace contentment, diligence and believe in honest endeavours as the surest means of lasting prosperity and human survival, and stop chasing miracle money and exploring shortcut options to attain sudden wealth. THE FACTS OF THE CASE The facts of this case are as reported in Abanobi v The State (2026) 5 NWLR (Pt.2037) 587. The appellant, acting in concert with his co-accused on 26th October 2014, kidnapped and took hostage one Madam Lydia Acho, a woman of 98 years old. She was purportedly abducted from her residence in Isuikwuato Local Government Area in Abia State. However, she was subsequently rescued on the same day within Ikuwano Local Government Area in Abia State following a car chase by the police. The appellant and the 2nd accused person were later apprehended at the locus criminis with the appellant having sustained gunshot wounds. PW2, during her testimony, left the witness box to identify the appellant and the co-accused person in the dock. Under cross-examination, she stated that she was able to identify the appellant and his co-accused by the illumination from a flashlight. The police officer who led the patrol team that accosted the appellant and his co-marauders and rescued the victim testified as PW4. He gave evidence of how the appellant and the co-marauders were accosted by the patrol team while inside a Peugeot 406 wagon vehicle with which the victim was kidnapped. The driver of the vehicle lost control and rammed it into a tree and the occupants, including the appellant ran into the surrounding bushes. The police shot at the occupants of the vehicle while they were trying to escape and noticed blood at the scene. Upon approaching the vehicle, the police rescued the victim from the boot of the vehicle and took her to the hospital. With the help of the community vigilantes, the appellant, with a bullet wound, and the 2nd accused person were arrested from the bush. The appellant's two phone handsets were recovered from the vehicle. Following his apprehension, the appellant made a statement to the police, exhibit "B", and was the sole witness in his defence. His story was that he too was kidnapped by the two passengers he carried in the Peugeot wagon on his way from his village in Anambra State to Aba. He admitted that he was in the vehicle with which the victim was kidnapped and taken away. He was there when the police led by PW4 accosted them, the vehicle rammed into a tree, the police shot at them and he bolted and ran inside the bush and slept there till the following morning for his safety. He further testified that on the following morning he came out from his purported concealment within the bush with the aim of reporting the incident of kidnapping at the police station. However, contrary to his alleged intention, he was instead apprehended by the police and subsequently charged with the very act of kidnapping he intended to report. He stated that he was released by the fleeing kidnappers amidst a barrage of gunfire, one of which hit him. However, in his extra-judicial statement, he claimed that he remained in the trunk of the car while one of the two alleged hijackers stood guard over him. At the conclusion of trial, the trial court in its judgment convicted the appellant and sentenced him to death for the offence of kidnapping contrary to section 3(a) of the Prohibition of Terrorism, Kidnapping, Hostage-Taking, Use of Offensive Weapons or Explosives and Other Threatening Behaviour Law No. 10 of Abia State, 2009. Dissatisfied, the appellant appealed to the Court of Appeal which affirmed the judgment of the trial court and dismissed his appeal. Still dissatisfied, the appellant appealed to the Supreme Court where he contended that the respondent failed to prove the offence charged as there was no evidence that he kidnapped the victim for the purpose of payment of ransom. In determining the appeal with final dismissal, the Supreme Court considered the provision of section 3(a) of the Prohibition of Terrorism, Kidnapping, Hostage-Taking, Use of Offensive Weapons or Explosives and Other Threatening Behaviour Law, No. 10 of Abia State, 2009, which states as follows: "3(a) Any person who, for the purpose of payment of ransom, kidnaps and takes another hostage is guilty of an offence." What constitutes offence of kidnapping: Section 3(a) of the Prohibition of Terrorism, Kidnapping, Hostage-Taking, Use of Offensive Weapons or Explosives and Other Threatening Behaviour Law No. 10 of Abia State, 2009 stipulates that any person who, for the purpose of payment of ransom, kidnaps and takes another person hostage is guilty of an offence. The section suggests an acknowledgment of the distinction between the offence of kidnapping as understood within broader legal jurisprudence and the specific instance contemplated under that legislation where the element of "for purposes of payment of ransom" is expressly incorporated as a necessary and constituent element for establishing guilt. The distinction is pertinent when considering the general principles governing the offence of kidnapping. What Constitutes Offence of Kidnapping: Section 3(a) of the Prohibition of Terrorism, Kidnapping, Hostage-Taking, Use of Offensive Weapons or Explosives and Other Threatening Behaviour Law No. 10 of Abia State, 2009, prescribes that the kidnapping and taking another hostage must have been actuated by the intention to ask for or for the purposes of payment of ransom. It does not provide that for the offence of kidnapping to be complete, the ransom must have been paid. It only prescribes manifestation of an intention by the abductor to demand or obtain payment of ransom. What this postulates is that where the definition of kidnapping includes abduction for some specific purpose, the mens rea that the prosecution must prove in order to obtain a conviction must include the specific purpose. Therefore, it is not enough to prove that the defendant intended to abduct the victim. In order to secure a conviction of the defendant, the prosecution must prove that the defendant abducted the victim with the specific intention of obtaining payment of ransom. There must be an indication on the part of the defendant of trying to obtain an advantage or holding the victim for ransom. The prosecution has to prove beyond reasonable doubt that the accused intended to detain the alleged victim in order to demand and obtain a sum of money for the alleged victim"s release. It does not matter whether the defendant in fact demanded money or whether the defendant succeeded in obtaining any money. There must be some overt act manifesting that intention. In the instant case, it was clear that the intention of the appellant and his co-accused was to kidnap and take the victim for the purpose of payment of ransom. Contrary to the appellant's submission, both the trial court and the Court of Appeal did not speculate on whether the victim was kidnapped for the purpose of ransom. The intention of the appellant and his co-accused person to demand ransom could be inferred from their conduct, given the overall circumstances of the case. The ingredients of the offence were established against the appellant. The Probable Motivations for Kidnapping: The jurisprudence of the offence of kidnapping extends beyond instances solely motivated by demand for payment of ransom. Criminals take hostages as a shield to help them escape from the scene of a crime. In addition, kidnapping could also be motivated by personal grudges.

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