Electricity Tariff Hike: Court Renews Order Restraining NERC

Davidson Iriekpen

Justice Mohammed Idris of the Federal High Court in Lagos has re-affirmed the existing order restraining the Nigerian Electricity Regulatory Commission (NERC) from implementing any upward review of electricity tariff pending the hearing and final determination of the suit filed by a lawyer and rights activist, Toluwani Yemi Adebiyi, over the issue.

The judge bared his mind yesterday while delivering a ruling on the objections of NERC against the filing of contempt charge by the plaintiff.

Adebiyi had sought to commit the NERC Chairman and the chief executive officers of the Distribution Companies (Discos) to prison for announcing the implementation of the new electricity tariff despite a subsisting court order barring same.

Justice Idris, in his ruling, while reaffirming the order said: “Let me warn that when the disciplinary jurisdiction of this court is properly invoked, anyone who is found to have ignored the order of the court will be dealt with severely.

“The order of this court that parties in this suit should maintain the status quo remains valid and binding until it is set aside by a court of competent jurisdiction.

“The issue of disobedience to court’s order is one that affects the integrity of the court. There is a need for the court to assert its authority and deal with any issue that is capable of bringing it to disrepute. Those who intend to take the judicial system for a ride should think twice and those who have done so should retrace their steps, the long arm of the law will catch up with them no matter how long it takes,” he further said.

Justice Idris had earlier in his ruling set aside the Form 49 and the motion for committal to prison filed against the defendants by the plaintiff.

The judge held that the issuance of form 49 on the defendants by the plaintiff without prior and proper service of form 48 is premature.

“In the circumstance, I hold that the defendant’s objection has merit. The court has set aside the contempt application due to fundamental and procedural irregularities”, the judge said.

The court has since adjourned till March 15 for hearing of all pending applications.

Adebiyi, in the substantive suit, 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 NERC from foisting compulsory service charge on pre- paid meters not until “the meters are designed to read charges per second of consumption and not a flat rate of service not rendered or power not used.”

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.

Adebiyi is further asking for an order of court mandating the NERC to do the needful and generate more power to meet the electricity use of Nigerians, adding that the needful should include and not limited to a multiple long-term financing approach, sourced from the banks, capital market, insurance and other sectors of finance to power the sector.

Finally, the lawyer is asking the court to mandate the NERC to make available to all Nigerians within a reasonable time of maximum of two years, prepaid meters as a way to stop the throatcutting indiscriminate estimated bill and which must be devoid of the arbitrary service charge, but only chargeable on power consumed.