DISCOS: NBET And Azura Power Generation Company, 20 Year-Old Contract A Drain Pipe

By Stehen Ubanna

 With barely six years, after Rumundaka  Wonodi, pioneer Managing Director  of  the Nigerian Bulk Electricity Trading plc, NBET and officials of Federal ministry of Power, signed a Power Purchase Agreement , PPA,  with Azura Power West Africa Limited , to develop and operate  a 450 MW,  open cycle  gas  Turbine  power station  in Edo, Adam Oshiomhole, for National Chairman of the All Progressive Congress, APC, home state, the House of Representatives Committee  on Finance, on Friday, August 19, 2022,  has raised alarm over the fraudulent deal. The power project was targeted to come on stream in 2017 but that was how far the company could go.

The House Committee had described the PPA, between the NBT and Azura plc, as a big fraud. The Committee had queried Nnaemeka Emelukwa, the current Managing Director of NBET and his management Team, to explain why the government over the last couple of years has been making a monthly payment of $33 million to the Azure power company without getting the value for the deal.

Emelukwa, may have shocked Nigerians when he said that when the investor produces power, ‘’whether it is taken and unutlised by Nigerians or not, the government must pay for the power generated in line with the terms of the contracts.’’Giving an insider information, the NBET, Chief Executive Officer,  CEO, had said that the government agency had signed about 25 power  -related contracts , one of which was  the ‘’Take- or- Pay, agreement  with the Azura Power plant , in which about $30 million  is paid monthly to the power plant by the Nigeria government as  against $33 million  monthly payment claimed  by James Faleke, the House Committee on Finance, Chairman.

Hon. Faleke: Chairman, House Committee On Finance

    The worry of the House Committee on Finance members was that ‘’the details of the agreement are shady ‘’. It was therefore not very surprising why the Committee had queried the Nnaemeka Ewelukwa, led Management Team of the Nigerian Bulk Electricity Trading, Company NBET, ‘’to explain why the government  agency  should sign such a multi-million dollar, PPA.   

 Wonodi, the pioneer   led Managing Director of NBET and his   Management Team, according to informed sources had entered into the multi-million dollar contract with the Azura power company without the FEC, and against the advice of Mohammed Bello Adoke, a senior Advocate of Nigeria, SAN, the  then  minister of Justice and Attorney General of the Federation.

The NBET, boss, may have taken advantage of the public Hearing on the multi-million dollar contract to open up, noting that ‘’the agency did not require ‘’to get the FEC, approval to enter into the power contract with Azura power plant, irrespective of the N2.5 million approval limit of the managing Director’s office’’, noting that ‘’due intelligence was done and the opinion of the Attorney General of the Federation of was sought +before the contract was signed’’.

Perhaps, to meet the curiosity of the Lawmakers who were interested in getting the details of the contracts, the NBET, CEO, had said that’’ the PPA, was signed by the two parties in 2014, revisited in 2015 and 2017 and became operational in 2018’’ which is under the Buhari Administration, noting that that ‘’the lifespan of the deal is 20 year

Emelukwa: CEO: NBET

 Going by the terms of the agreement, which has become a public knowledge, NIBET, Representatives, may have been influenced  into signing  for a fixed  amount of commodity with the gas for power companies  or power to supply to Nigerian consumers . The implications of the agreement was that ‘’whether the amount of power, NBET ,  the government agency had planned  to take is taken or not, it must  still   pay the agreed amount to Azura Power Company, which is the investor, as a way  to recover its investment  on the construction of the power plant.

Faleke, had said that there was no basis for NBET, to bear the risk of buying the power from the Edo state based Azura power company and then selling it to non-existent consumers.  Hear him: We have provided financial support to Azura Power Generation Company to be  in business but  the country  is still where it had had been  over the years with millions of Nigerians out of jobs, out of school and no job as well as no electricity to power industries to provide jobs for the teeming unemployed in the society.  

The Public Liability Company , accompany , according to an insider was supposed ‘‘to  serve as  the Special Purpose Vehicle , SPV,  for buying  electricity  in bulk from  power generation companies, GENCOs’’, in  addition ‘‘to other  ancillary  services  from the GENCOs’.

 Incorporated in July 29, 2010, by former President Jonthan,  NBET, the source had said  was part of ‘‘the Administration’s roadmap  for the nation’s power sector  towards  the Full  implementation  of the Electricity  Power  Sector Reform Bill, EPSRB,   passed by the National Assembly and which had been signed into Law by former President Olusegun Obasanjo , in 2005 .

An aggrieved Faleke, the House Committee Chairman of Finance, who had repeatedly said that Nigerians  were not  getting   ‘‘the value  for the alleged government  investment in the Azura power generation Company had said that ‘‘Nigeria  was in a situation of low revenue  and high financial commitments’’, noting that some of ‘‘the agreements  entered with the Edo power company  were bound by law, thus making it difficult  for the country to pull out’’ .

 The Nigeria situation may have been worse because ‘‘the arbitration of  some of the contracts’’ were said to have been ‘‘domiciled abroad as the world Bank  was said   to have  been ‘‘the guarantor  of all the agreements under the auspices of the Federal  ministry of Finance, under the close watch of Hajia Zainab Ahmed.

, AT a recent public Hearing on the nbet/Azura power company contract,  Faleke, the House Committee Chairman on Finance, had frowned  at ‘’the Take –order- Pay  contract’’ signed  with the Edo state based  power generation company , stating that the government    had continued to pay  $33 million to the company on a monthly basis since 2018, when the deal became operational.

 The Buhari Administration may not have defaulted in the payment of the $33million to the Edo power firm,  which many believe had acted deceitfully,  to avoid being dragged  to court, outside the country which may put its foreign assets in danger notwithstanding that ‘‘the country was not  getting  the value  in terms of its power consumption’’.  

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