Court voids hike in electricity tariff

Ramon Oladimeji

A Federal High Court in Lagos on Wednesday entered judgment against the National Electricity Regulation Commission and electricity distribution companies in a suit opposing the Federal Government’s bid to increase electricity tariff.

Justice Mohammed Idris declared as null and void any hike in electricity tariff that did not comply with the provisions of the Electricity Power Sector Reform Act 2004.

The judge declared the decision of the defendants to embark on electricity tariff hike as hasty and ordered immediate reversal to the status quo.

He also awarded a cost of N50,000 against the respondents in favour of the plaintiff in the suit.

The suit was filed last year May by a Lagos-based lawyer, Toluwani Adebiyi, following announcement of proposed electricity tariff hike by the then Chairman of NERC, Dr. Sam Amadi.

Adebiyi had urged the court to stop any hike in electricity tariff until there had been a meaningful and significant improvement in power supply to at least 18 hours in a day in most Nigerian communities.

Justice Idris had since May 28, 2015 restrained NERC from giving effect to the proposed hike pending the determination of the suit.

In his final judgment in the suit on Wednesday, the judge berated the commission for embarking on the proposed tariff hike despite the court order.

“The upward increment in tariff was hasty and procedurally ultra vires. The review was done in a breach of existing order. This again was hasty, reckless and irresponsible. The court has the inherent jurisdiction to undo what has been done by a party in self-help.

“The increment in tariff by the 1st defendant, while parties were before the court and there was a subsisting order for status quo, is hereby declared illegal.

“The 1st defendant is hereby directed to reverse to status quo. The 1st defendant is further restrained from increasing the electricity tariff except in strict compliance of the provisions EPSRA and the procedures stipulated in section 76 of the EPSRA.

“N50,000 cost is awarded against the defendants in favour of the plaintiff. That is the judgment of the court,” the judge held.

He declared the electricity tariff hike and procedural and rebuked NERC for he declared as executive recklessness, which he said could only breed lawlessness.


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Interesting judgement. Will they obey immediately or rush to Appeal?

ok

Nice one high court!

Only that this govt doesn't recognized nor honour court decisions.

appeal on point as usual

stewpid unlawful government . If the government wasn't unlawful and promoting impunity, the Discos would never have implemented the bill when the case was still in court.
The useless disco called BEDC, now want my street to buy a new transformer for ourselves when their negligence and stupidity caused the former which we bought ourselves to carbonise and fry its coil.
Then they would bring a hiked bill and charge me again for power I provide for myself. Yet Mr rocket science approved the shit!

good move

Good riddance.
Those thieves want us to pay more for more darkness.

Nonsense.

Good moves

if buhari meant well for this nation that Amadi of a man should have been booted out office before now

Pay more for less power, Amazing Logic

this NERC sef wicked. No money in the country, no stable electricity supply and yet they want people to pay more while they enjoy less. Haba!

Fff

And I pray if you appeal, you all loose woefully with a bigger fine.

We bargained for 24 hours per day. The supply is supposed to be for 24 hours per day. There is not a we don't need electricity. They just cut off off and supply with no schedule, no reasons, no justification and no apology.

So NERC exists (even with a HSE Unit) yet their equipment and appurtenances kill people almost daily. Instead of them to reflect on how to stabilize services they are seeking for a 100 percent upward review in tariff rates. 18 hours is even too small. 24 hours supply or we pay nothing on the grounds that there is a breach of contract.

UNKNOWN GOVERNMENT WIT UN KNOWN DECISION

Only God and few justice will save us from, this dictatorship called APE APC, GOVT

How can they hike the electricity tarif, when we have Light Less than 5hrs in Average Nigerian Cities, towns And Villages! The Hike is just meaningless for God sake when are we going to fix this Epileptic power supply should have been our Priority!! President should have look beyond polities and Appoint a capable person instead of appointing SAN as the Head!!! I weep for my country because is going to take him almost 4yrs to perfect the studies in Power industry.

taylor88:
Thunder where ar thou lightning and sting



d same ppl hu promised us consistent power supply now planning to milk us dry in these dayz of black nation





I almost trashed my * I pass my neighbour * generator thinking we've gotten d God sent




may God run there families d way they run dis nation



lemme hear a bigger Amen from an APC broda

I say a BIG AMEN

nice one, the plaintiff should pls(am begging ni) publish the judgement in a national daily so households can get it and arm themselves with it, whenever those ediots comes around with their crazy bill, dey just show them the court judgment.

bless u my brethren in d lord

Evrybody shud jex die jare and letz 4get dix world eva existed.

Except for those without metre. The new tariff is better. My last bill was about N350, imagine if it was the former tariff, the 350 will be like 280+625= 905. Advantage for the citizens, disadvantage for Disco.

increment that have started since last 4months before even fuel hike
the Senate spoke against it but we all Nigeria saw the increment in our light bill.

I can't just see power companies reducing the tariff. this may halt the another 100% proposed increment...

solution is give everybody prepaid then increase the tariff, nobody will complain if I don't want to use power I will switch it off, but they know they will lose so estimated will help pile up profit when the tariff increment is implemented

The current state of the country is full of drama and confusion, nobody is really making sense anymore

Exponental:
Except for those without metre. The new tariff is better. My last bill was about N350, imagine if it was the former tariff, the 350 will be like 280+625= 905. Advantage for the citizens, disadvantage for Disco.

yes it can only be better for peeps like that uses power only to Charge phone and one bulb. Not for peeps like us dear.

This people are just causing confusion,

psucc:
Only that this govt doesn't recognized nor honour court decisions.

You're right. Buhari thinks he's in a military government!