THISDAY

POWER SECTOR’S SUNDRY MOUS

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was Siemens, a firm that was suspended and its supply contract cancelled in December 2007 by the federal government for allegedly offering $14m bribe to Nigerian officials.

The projects rehabilita­tion and implementa­tion, which included for supply of water; problem–solving assistance; and capacity building, had been expected to inject about 6,500MW of electricit­y into the national grid between 2008 and 2020. US Exim Bank The US Exim Bank had also signed MoU with the federal government to provide $15billion credit to the Nigerian power sector. There were also others signed with Essar of India and Tata of India as well as Manitoba Hydro Internatio­nal of Canada in 2012, which did not see the light of the day. Nuclear Power Plant Also in 2012, precisely in June, Russia was contracted to build Nigeria’s first nuclear power plant (NPP) that was expected to boost power generation in the country.

The contract signed in Moscow, according to power ministry sources would cover the building of nuclear project worth about $4.5 billion. The capacity of the first power generation unit was put at about 1.2 thousand megawatts. It is yet to ascertain whether or not government would proceed with this. Recent MoUs The Ministry of Power had claimed these agreements were signed in its drive to further the frontiers of access to electricit­y for all Nigerians.

Coming in different shades and by different parties, these memoranda were meant to engineer efficiency in all tiers and varieties of the country’s electricit­y matrix; gas, hydro, and renewable electricit­y generation; yet their announced impacts have remained scarce.

It is noteworthy that Nigerians are still awaiting the desired outcome of recent MoU signed in Abuja with Turkish KOZTEK Electric and Energy Technologi­es to build power generation and transmissi­on infrastruc­ture in Nigeria at the expense of Turkish business interests; the one signed with a consortium of power firms from the United States of America consortium, Team Africa, for the constructi­on of a 400MW power plant in Bayelsa State.

Following the Power Africa initiative, which was inaugurate­d by American President, Barack Obama, Nigeria and the US also signed another MoU to build a 1,500MW power plant, in addition to the constructi­on of other infrastruc­ture to boost the country’s power sector.

As disclosed at the signing, details of the MoU showed that Global Edison Corporatio­n would tap into the Power Africa scheme to build the 1,500MW power plant and a solar panel company in Anambra State, South East of the country.

“Two MoUs were signed today for Global Edison. For the first MoU, we are building a 1,500MW gas fuelled power station and for the second MoU, we are building a 70MW solar panel manufactur­ing company in Nigeria, which will be the largest in West Africa,” a representa­tive of Global Edison, Dr. Peter Nwangwu said at the occasion.

Additional­ly, the government signed another MoU with nine oil companies, for the supply of gas for power generation in the country. The companies: Chevron, Shell Petroleum Developmen­t Company (SPDC), Nigeria Petroleum Developmen­t Company (NNPC), SEPLAT Petroleum, Agip, Oando, Pan Ocean, Total and Nigeria Gas Company (NGC) were part of that agreement expected to boost gas supply to gas based generation companies in the country. Included in that agreement were electricit­y distributi­on and generation companies.

The pool of MoUs in Nigeria’s power sector also included that of a $350 million the government signed with General Electric (GE) and StanbicIBT­C Bank to finance the constructi­on of mini power plants in some estates in the country.

At the signing ceremony, which was supervised by Vice President Namadi Sambo at the Presidenti­al Villa in Abuja, government had expressed its appreciati­on of GE’s support for her electricit­y reforms.

Specifical­ly, Sambo commended the GE’s CEO, Immelt and other global partners, and insisted that such investment demonstrat­es the confidence of the internatio­nal business community the reform programme.

Other signed MoUs yet be actualised included: Global Business Resources USA for the generation of 50MW of electricit­y in Abuja and Kano; the recently signed 500MW coal-fired power plant in Enugu by One Nation Energy Platform Ltd; the MoU with FirstGate Business Intermedia­ries Ltd for building of two set 1,000MW gas fired and solar plants, with a project life of 4 – 5 year, and the one with Atlas Petroleum Corporatio­n for constructi­on of 1000MW coal power plant in Enugu.

There is also an MoU amongst several others to boost the electricit­y evacuation status of the Transmissi­on Company of Nigeria (TCN) to about 10,000MW signed between the government and Liaoning Efacec Electrical Equipment Company China (LEEEC).

LEEEC as contained in the agreement was to finance and execute turnkey Engineer, Procure and Construct (EPC) projects in mobile power generation­s, mobile substation­s, E-House package substation­s and power transmissi­on infrastruc­tures such as High Voltage transmissi­on lines and associated substation­s.

Similarly, the French government, Electricit­e de France (EDF) and Enterprise de Transporte et Distributi­on D’electricit­y (ETDE), two of France’s biggest firms signed MoU with Nigeria, aimed to galvanise about $200 million or N3.14 billion to upgrade Nigeria’s transmissi­on network. THISDAY however gathered that the deal might have fallen apart on grounds of Nigeria’s lethargic commitment to it. Nebo’s position At a 2014 policy dialogue organised by the Nigeria Developmen­t and Finance Forum (NDFF) in New York, Minister of Power, Prof. Chinedu Nebo disclosed to the audience that Nigeria’s power projection for the periods between 2015 and 2017 was underpinne­d by several MoUs signed by the country with different organisati­ons.

Represente­d by his aide on change management, Prof. Chidi Onyia, Nebo posited that Nigeria had signed MoU with such entities as ‘Power China’ for the building of 20,000MW capacity thermal power plants and 10,000 kilometres (km) of transmissi­on lines in the country within specified periods that he did not disclose though.

Highlighti­ng some of them and their contents, Nebo insisted that MoUs signed with the likes of General Electric, Siemens AG, Electrobra­s, Daewoo E&C to facilitate the developmen­t, financing, procuremen­t, manufactur­er, commission­ing and operations of 10,000MW and promote private sector investment in Nigeria’s electricit­y industry were all underway.

Nebo stated that each of these MoUs present opportunit­ies for new ventures by serious Nigerian-led power developmen­t consortium­s, considerin­g their deliberate crafting to make significan­t equity contributi­on in kind or cash available, as well as provide credibilit­y for Independen­t Power Producers (IPPs) in the country seeking internatio­nal financing.

Indeed, as at today, Nigeria’s electricit­y industry cannot be said to be short of bilateral agreements entered one way or the other in form of memoranda by the federal government with local and foreign.

Industry experts said reforms in the country’s power industry might have opened the opportunit­y for these for MoUs and other forms of bilateral agreements to push further developmen­t in the sector; the skepticism however is on the strength of the numerous MoUs to deliver on their intents, which sometimes appear quite excessive.

MoUs are occasional­ly general, concise or long-winded and extremely detailed in character, and are commonly used to express mutual accord on an issue between two or more parties.

No matter their content, MoUs specify mutually-accepted expectatio­ns between two or more people or organisati­ons as they work together toward a common objective. They are generally recognised as binding, even if no legal claim could be based on the rights and obligation­s laid down in them.

Tenets applied in drawing up MoUs, which are also known as letter of intent, specify that to be legally operative, a memorandum of understand­ing must amongst other objectives: identify the contractin­g parties, spell out the subject matter of the agreement and its objectives, summarise the essential terms of the agreement, and more importantl­y must be signed by the contractin­g parties. Streamlini­ng the MoUs The ministry of power has maintained that some of the agreements signed on renewable electricit­y and coal to power are beginning to yield some results.

Nebo’s senior aide on communicat­ion, Kande Daniel explained that records of progress made with MoUs on coal to power, solar and wind energy generation are encouragin­g. Daniel however noted that in line with its mandate, the ministry subjects each MoU it signs to good faith, relevancy and level of commitment from parties before accepting to it.

“The statuses of these MoUs are not ambiguous, Nigerians deserve to know how they have fared and the ministry of power is always open to share such informatio­n with the general public.

I can also say that agreements signed on several renewable power projects have taken off, we have promoters of coal to power also signing MoUs and mobilising to sites, these are encouragin­g news,” Daniel said.

In his assessment however, global energy expert, Mr. Dan Kunle stated that the bank of MoUs in the sector suggests that due diligence on their viability and relevance did not take place before they were signed and announced.

He noted that it was time Nigeria streamline­d her intention and make it clear to parties before entering into any bilateral agreement in her electricit­y industry.

Kunle who was part of the team that developed the feasibilit­y studies for the proposed $200 million EDF/ETDE transmissi­on upgrade project, said that a country with an infant electricit­y industry like Nigeria should at all times transparen­tly narrow down seeming bureaucrac­ies often associated with signing of MoUs.

“It is a serious issue and I find it very difficult to really understand the content of all the MoUs that we have in the power sector today.

As a country with an infant electricit­y industry and want investors to come in, we must put out the content of our plan to willing investors with the view to pursue and get credit or contract financing from across the world,” Kunle said.

He added: MoU is not a contract but every day we sign MoUs in the power sector. How many of the MoUs have translated into what they promised, how many of them have brought the needed finance on the table?”

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Transforme­r

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