By Innocent Anaba
The Nigerian Electricity Regulatory Commission, NERC, has lost out in its bid to stall the judgement of Justice Mohammed Idris of the Federal High Court in Lagos in a suit by a lawyer and rights activist, Toluwani Yemi Adebiyi, over the hike in electricity tariff in the country, as Court of Appeal, Lagos, failed to hear an appeal lodged by the commission.
The Court of Appeal, was to have heard the appeal lodged by the commission against the ruling of the lower court which barred it from implementing upward review of electricity tariff pending the hearing and final determination of Adebiyi’s suit.
Judgement in the suit had already been fixed for July 7 by Justice Idris of the lower court.
At the resumes hearing in the matter, yesterday at the Appeal Court, the Presiding judge, Justice Amina Augie, noted that record of NERC’s appeal had not been properly entered because there were irregularities in its numbering.
“There is no appeal before this court and record has not been entered. NERC is hereby directed to go and sort out the irregularities noted in the appeal numbers,” she said