Court Stops NERC From Increasing Electricity Tariff

LAGOS, Federal Republic of Nigeria. A Federal High Court in Lagos on Thursday restrained the Nigerian Electricity Regulatory Commission (NERC) from implementing the new electricity tariff billed to be effective from June 1, 2015.

Trial judge, Justice Mohammed Idris, in a ruling on an ex-parte application filed by a Lagos lawyer, Toluwani Adebiyi, restrained the NERC and the electricity distribution companies from effecting any increment in electricity tariff pending the hearing and determination of the suit.

Adebiyi, who argued the ex-parte application in person, had urged the court to restrain the NERC and the electricity distribution companies from foisting further hardship and unjustifiable tariff increment on Nigerians, as widely announced by the Commission.

NERC Chairman, Dr Sam Amadi had, at a news conference in Abuja, announced plans by the Commission to implement the upward review in electricity tariff effective from June 1.

Amadi had further said that with the review, most electricity companies will retain the N750 fixed charge.

But Justice Idris, after entertaining arguments from Adebiyi, ordered the NERC to maintain status quo with effect to the planned upward review of electricity tariff.

The judge ordered that the motion and other processes in the suit should be served on the NERC.

Justice Idris also granted leave to the applicant (Adebiyi) to serve the originating summons, the affidavit in support, list of exhibits and the written address on the defendant (NERC) in Abuja, which is outside Lagos judicial division of the Federal High Court.

The judge also adjourned the suit to June 11, 2015 for hearing.

Adebiyi, in the suit, is seeking an order restraining the 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 Nigerian.

He also wants an order restraining the 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.”

Credit: Daily Independent (Nigeria)