KADUNA ELECTRIC FRONTLINE MARCH 2018

Why We Are Convening a Judicial Conference-Barrister Abbas

Bar. Abbas Ahmed is the Company Secretary Legal Adviser of Kaduna Electric. He is a goal-getter who believes loyalty is key for achieving results. He narrated to Asma’u Muhammad how strategically positioned the Legal Department is to cope with challenges of the new dispensation for successful performance.

 What are the Management's expectations from you?

Bar. Abbas: We are expected to guide the Board, the Management and the entire company in respect of compliance with rules guiding the power sector, avoidance of unnecessary litigations, avoidance of having to pay damages for infringement of rules and regulations and generally acting as a secretary by taking and keeping minutes of meetings, arranging for the meeting of the Board and committees, keeping record of meetings and making sure the actions taken are conveyed to respective departments and the management in compliance with the directive given by the Board or committee.

  One of the major challenges confronting the company today is the menace of vandalism of power supply assets, how worrisome is the situation now?

Bar. Abbas: It is really worrisome, everybody is worried not only our Disco but all the DISCOs are worried. The Board has approved for the company to conduct a two days seminar for all the judges of states covered by Kaduna and Kano discos to look into the laws and regulations concerning vandalism and power theft. It may likely hold either at the end of March or beginning of April, all the stakeholders will be invited and we brainstorm on the provision of the laws on vandalism and vandalisation of power assets so ensure that the justices and the judiciary in general, Ministry of justice of respective states come to terms with these problem and how worrisome it is to the company especially when you look at the sentences being passed on vandals and power theft,  we feel the sentences are not commensurate with the offenses.

 We are aware that many culprits where convicted and many more cases are pending in court, how many people have been convicted so far and what is the position of those pending cases?

Bar. Abbas: We secured about seven convictions so far and there are so many that are ongoing. We got some convictions in Zaria and Kaduna and we have about eleven cases now in court.

 Some people are of the view that the existing laws are not severe enough to deter the perpetrators, what is your view?

Bar. Abbas: It is true that these laws are not severe enough and that is the essence of the conference that we want to hold so that the justices, the State Governments would be in the know that these offences are not ordinary offences, when somebody cuts off an underground cable, or distribution cable certainly is not only affecting the people that enjoy the light it affects security of the country too and so many things,  so we want to see that we project the issue so that the respected state governments should know these are not ordinary offenses,they are serious now, we hope some positive development would came out of it.

 what is your department doing to get states/national assemblies to effect necessary amendment to the laws? 

Bar. Abbas: Not only our company, all the Distributions Companies have made a proposal to the National Assembly we hope to be called upon for public hearing in respect of the National Law to be enacted to take care of this power theft and vandalism. we are still expecting to hear from the National Assembly. All the DISCOs have jointly through ANED made the presentation and we understand at least federal laws are being amended. Kaduna State Government has already done that, they have made necessary amendments and I think these offenses no longer carry light sentences in Kaduna State so we hope to extend to other states as well.

 From legal perspective, can we sue a customer for defaulting on payment of electricity bills? If No, what are the available options?

Bar. Abbas: Yes, we can sue and in fact the Board has given approval now to sort out these customers especially the defaulting ones with very high debt to sue just like any other debt and claim damages. Very soon we would be begging to firm our brief to our external lawyers to pursued these debts for us.

 As a private company, we no longer enjoy government’s protection, now we can be sued by any aggrieved customer, how do we avoid unnecessary litigation?

Bar. Abbas: Is not that we no longer get government protection. Now everything is guided by NERC, there is the Customer Complaints Forum which is like a court a customer can take us there if he/she is not satisfied, we can even be taken to a conventional court but, the preference is you go to our customer care and lay your complaints if you are not satisfied then you appeal to the NERC forum and then after that you can even go to the conventional court. 

 How strategically positioned is the Legal Department to cope with these and other challenges of the new dispensation?

Bar. Abbas:  Yes, unlike before, legal department is so important to the company because you don’t need to give a notice to the company before taking legal action as it is now a PLC (Public limited company ) and we are guided by all sorts of regulations from NERC and BPE and we are regulated by the provisions of companies and allied matters act being a public company, so now the department is so important and crucial. By law we are required to call an AGM every year and to call a board meeting about four times in a year on a normal circumstances or even more.

 Any word of advice to our esteemed customers and staff?

Bar. Abbas: For the customers we just say that when they have issues they should try to exhaust laid down rules before rushing to the court or before rushing to take the law into their hand, if you have any issue either in respect of billing or disconnection, try and follow the normal rules and regulations. Come to the customer complaints unit lay your complaints, if nothing is done, come to the head office, if nothing is done too there is still the NERC forum offices in all our franchise states instead of you to take actions on your own or come directly to legal department whatever complaints you have just say it out and we will make sure that all issues are resolved for you.

For the staff, I will call on them to make sure that every rules and regulations is followed by staff, we caution staff while on duty in the field to make sure that they follow the rules. anything that they are not clear with they can always call the legal department or any other department that carry out their responsibility. We don’t like to be so much exposed to unnecessary litigation, so anything that you are not clear with you should just call the immediate officer and get directives instead of just doing what they feel they want to do in the field. The ‘customer is king’ and Our business is buying and selling of electricity to the customers so without these customers certainly we are not in the business and we cannot be in business so giving the customer what is due to him is a key.