Court stops NERC from increasing electricity tariff
A Federal High Court in Lagos yesterday re-affirmed its previous order restraining the Nigerian Electricity Regulatory Commission (NERC) from implementing the new electricity tariff billed to be implemented from June 1, 2015.
Justice Mohammed Idris had in a ruling on an ex-parte application filed by a Lagos lawyer, Toluwani Yemi Adebiyi, stopped the agency and the electricity distribution companies in the country from adjusting electricity tariff pending the hearing and determination of the suit.
During yesterday’s proceeding, Adebiyi told the court that as directed, all the processes in the matter and the enrolled order of court had been served on the NERC.
He explained that sequel to the provisions of the rules of court, NERC had seven days to respond, but that the commission was yet to do so, adding that based on that it would be fair to give the commission benefit of doubt.
He therefore prayed the court to renew the order, so as to preserve the subject matter of the suit.
“My lord, everybody is affected. Even this court is running on a generator. There is a need to stop them from increasing the electricity tariff because Nigerians can’t afford such and there is no justification for such increment,” the lawyer said.
A legal officer in NERC Ifeanyi Umunna said his commission had complied with the interim orders of court.
He said the agency was in the process of appointing a counsel to defend the suit, and pleaded for more time to do so.
Justice Idris therefore held that the ex-parte order remains valid and subsisting. He adjourned the matter to July 9, 2015 for hearing.
Adebiyi is seeking an order restraining NERC from implementing any upward review of electricity tariff without a meaningful and significant improvement in power supply at least for 18 hours in a day in most communities in Nigeria.
He also wants an order restraining the NERC from foisting compulsory service charge on prepaid meters not until “the meters are designed to read charges per second of consumption.”
He also wants the service charge on pre-paid meters not to be enforced until there is visible efficient and reliable power supply like those of foreign countries where the idea of service charge was borrowed.