This is a step closer from Nigerians knowing their rights. The Socio-Economic Rights and Accountability Project (SERAP) has sued the Federal Government and the Minister of Power, Works and Housing Babatunde Fashola, SAN over their collective failure, refusal and/or negligence to enforce their own directives to electricity distribution companies (DISCOs) to provide free prepaid meters to all Nigerians and end the use of patently illegal, arbitrary, unfair and discriminatory estimated billing across the country.

The application with suit number FHC/L/CS/906/17 was filed last Friday at the Federal High Court Ikoyi. SERAP is arguing that, “By failing and/or neglecting to enforce his directives to DISCOs, Mr Fashola is implicitly promoting the use of unjustifiable estimated billing, and increasing consumer costs. The use of estimated billing is marginalizing Nigerians living in extreme poverty, disproportionately affecting women, children and the elderly, and increasing their vulnerability to discrimination.”

SERAP also argues that, “Mr Fashola’s constitutional and statutory responsibility is not just to give directives to DISCOs to provide free prepaid meters to all Nigerians but also to decisively enforce such directives and end the use of estimated billing. Effective access to electricity includes metering of all consumers. It is the responsibility of the Federal Government which has been assigned to Mr Fashola, and he cannot shy away from it.”

SERAP further argues that, “Unless the reliefs sought are granted, Mr Fashola and the Federal Government will not perform their constitutional and statutory responsibilities to enforce the directives to DISCOs to provide free prepaid meters to all Nigerians. It is in the interest of justice to ensure strict enforcement of directives, deadlines and regulations on provision of free pre-paid meters to all Nigerians, and an end to estimated billing.”

The suit brought pursuant to Order 34 of the Federal High Court Rules and the inherent jurisdiction of the court, wassigned by SERAP deputy director Timothy Adewale. The suit followed the organization’s request to Mr Fashola asking him to “urgently enforce your directives and discharge your ministerial and statutory duty to ensure completion of metering of unmetered customers and total abolition of estimated billing in the country.”

The suit read in part:

“Access to regular electricity supply is a prerequisite for satisfying basic human needs, improving living standards, maintaining good human health, alleviating poverty and facilitating sustainable development. It’s unlawful for DISCOs to disconnect electricity supplies on the basis of unpaid estimated bills.”

“Obedience to the rule of law by all citizens but more particularly those who publicly took oath of office to protect and preserve the constitution is a desideratum to good governance and respect for the rule of law. In a democratic society, this is meant to be a norm; it is an apostasy for government to ignore the provisions of the law and the necessary rules and directives made to regulate matters”.

“Electricity provides a safe means of cooking (through electric stoves) and food preservation (refrigeration). Electricity is therefore essential to agriculture and a prerequisite for food security. Electricity can also be employed to realise the human right to access clean water. Electric power operates pumps and sanitation systems so that drinking water is within the safe physical reach of all individuals and accessible by households, educational institutions and workplaces.

“Excessive billing of customers is arbitrary, unfair, unjust, unreasonable and exploitative of millions of socially and economically vulnerable groups. The apparent failure by Mr Fashola to exercise due diligence and effective regulatory oversight on DISCOs to ensure full compliance with the directives to provide free pre-paid meters to Nigerians has denied millions of customers regular and uninterrupted access to electricity.

“For several years after the country’s power sector was privatized, millions of Nigerian households particularly the socially and economically vulnerable sectors of the population continue to complain about outrageous bills for electricity not consumed, and poor power supply from distribution companies.

“Mr Fashola has issued several directives and deadlines by both his office and through the Nigerian Electricity Regulatory Commission for distribution companies to provide free pre-paid meters to all customers, but has failed, refused, and/or neglected to enforce the said directives, and millions of electricity users across the country remain unmetered.

“SERAP has a complaints hotline 080CALLSERAP and that by virtue of this hotline, the organization receives numerous complaints and petitions daily that electricity consumers still get estimated bills and that DISCOs have refused to provide free pre-paid meters to consumers as directed by Mr Fashola.

“SERAP by a letter dated 22nd May, 2017, requested Mr Fashola to urgently enforce his directives to DISCOs to provide free prepaid meters to all Nigerians and end the use of patently illegal estimated billing. But since the receipt of the letter, and up till the filing of this suit, Mr Fashola and the Federal Government have so far failed, refused and/or neglected to enforce the said directives.”

SERAP is seeking therefore seeking an order of the Court granting leave to the Applicant to apply for Judicial Relief and to seek an Order of Mandamus directing and or compelling the 2ndRespondent to enforce his directives to electricity distribution companies to provide free prepaid meters to all Nigerians, and end the use of patently illegal estimated billing.

It also sought for such order or other orders as the Court may deem fit to make in the circumstance. No date has been fixed for the hearing of the suit.


more @ http://www.exlinklodge.com/2017/06/serap-sues-fg-fashola-over-inability-to.html

This is a good move by SERAP. thumbs up for SERAP and by this move i sure think the DISCOS will be hammered to the corner. The DISCOS are criminals milking the masses dry. I pray this works by compelling the discos to give prepaid meters. we must all speak out by supporting serap.

hnn

Funny...poster above called him "A Minister of Darkness". I've said it, the only thing these bad
azz niqaz knows best is Loot and Lies

The truth is been a Nigeria ain't beans, we are our own problem.....iyaf tire me

Sue them.

That is a good step, but is it possible to win the government in court in Nigeria. These distribution companies are really ripping Nigerians off that is why they don't want to give meter, in my area after banners were placed at street gates that no prepaid no Bill, and people resist paying the excessive bills. they brought in police to disconnect electricity supply of people who didn't pay the bills without any promise of putting prepaid meters soon.
Is it a crime for all household to be given prepaid meter in Nigeria, we saw a video not to long in Ghana of a village mud house with meter and we will be claiming big brother of Africa when some countries have basic social amenities.

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Fashola what's happening. well nerc don talk say make we no pay money if we are not metered.

Fashola oya answer them

Good move. I pray It will yield result. Amen.

fashola you don hear am. Let them give us free pre-paid meter. In Ghana, even mud house get pre-paid meter.
nigeria newspaper

The usual noise

Ok

Na this kind thread mod dey always ban people well well.
I refuse to be tempted. I shall not talk anytin

Who says democracy is not beautiful?
I'm liking this

must everything about this govt be inconclusive?

Pains me to see elderlies begging DISCOs not to disconnect their service wires just because they're​ billed on estimates of 5k per month when they obviously can't consume 2k worth of energy in a month.

The annoying part is the outrageous aggregate billed over the months of over 130k. Who wan pay am?

And you know what? All these happen because they wouldn't supply prepaid meters.

U de believe dis govt. De thr make pant de wear u

ibadanfinest:
Fashola what's happening. well nerc don talk say make we no pay money if we are not metered.

Nice one they shuld sue the criminal..Why shuld sum people own prepaid while others dont?Sum houses without prepaid metre pay as high as 30 thousand a month..CRIMINALZ

Good and i mean very very Good.

Let's see whether this will end up in the trash

vengertime:
Fashola is just a typical Afonja​, always touting and making noise. I will give 24 he's light in 6 months if you vote out PDP. Oya 2 years later minister of darkness haven't delivered

Nwanne, this one you're foaming at the mouth, hope you are not planning to run to Afonja land when they deport you from the North.

No come East o, robbers and kidnappers dey wait those wey dey return o.

Rubbish...Nobody, I repeat Nobody has successfully sued the Federal government and won! A country like Nigeria is controlled 90% by the executive branch, so what are we saying here....nonsense!

1. Nations like USA and North Korea are
testing ballistic missiles and Nuclear
weapons. Our dear country is dragging
Jollof rice supremacy with Ghana and
Senegal. Bikonu who did this to us? .


2. Have been having chest pain since
one slay queen told me "Beauty Lies In
The Eyes Of The *Decoder*" Abeg Sis,
which decoder DSTV abi GOTV Hold me
abeg I no wan faint .


3.That awkward moment When you are
too single that even when you type
"kissing" auto correct changes it to
"kidding."...... May your story change in
this 2017 .


4.People on WhatsApp that their status
has been "At the gym" for the past 3
yrs..Please are you preparing to destroy
the world? .


5.You will tell a guy you're single and he
will be like "That can't be TRUE" Uncle,
if you want toast, toast, don't be
dragging my singleness with me, is it
your singleness?? .


6.Some boys will wake up 2am to pee
and they will post "Real Hustlers Don't
Sleep" Idiot Who are You Deceiving
Don't touch me ooo, Am not feeling
fine. .


7.Some guys and their indirect insults
sha. Please what is the meaning of "As I
see that trouser, I just know say na
you" Wicked pple... .


8. The reason why Nigerian women did
not go to the Olympics in Brazil because
they were afraid of meeting the owners
of their hair! BRAZILIAN HAIR .


9. Disaster is when you steal meat from
the pot, and you can't recall whether
the spoon was on top or inside the pot.
.


10. The way some people are black in
NIGERIA ehhhh ,if you shoot dem in the
night...the bullet will come back to you
and ask for torchlight. .


11.When You Want to Charge your
phone In a Football Viewing centre and
You Mistakenly Off The DSTV during
penalty shoot out.. shey you remember
when your mum always tell you that
your phone will kill you one day ?.. The
moment has finally come.. Just get
ready to die .


12. People will be doing "is that one
this,is that one that" thats how they will
do when trumpet blow,they will say
"trumpet that blow and left me
behind,is that one trumpet?? .


13. In Hollywood Merlin will just say
two words and a fire breathing dragon
will appear. In Nollywood ike mbe of
amadioha shrine will recite a whole
book of incantations (280 pages) just to
off candle Then he will tell you to bring
the following - 8 virgin rats - 10 married
ants - 3 pregnant mosquitoes - 2 lesbian
hens To appease the Gods naija i
respect una hustle...


14. That awkward moment when a
5'star Hotel attendant tells you Bottle
of Coke is N1500 You will be Like ! "I
mean Coke, Asin the Mineral type.. Not
Alcoholic one " i mean the normal coke
dat looks like Pepsi.


15. That moment wen your phone
battery is 3%, seeing your landlord
upload a pic with His family on Facebook
and you quickly try to comment "Kul
People" but auto correct changed it to
"Cult People" just before your battery
went off See!!! Don't bother trying to
explain, just find another house...

This has been my stand, leave these bloody DISCOS and GENCOS, start the compliance in pre paid metering, lets see if they do not upgrade or up thier games as we saw in the Telcoms sector.

Let us fix a date for peaceful demonstration in suport of serap useless ministry of power .send them away.

I never thought Fashola would be as clueless as this with all the grammar he spoke at National Assembly during his interview ...Now I know that paper sense does not translate to practical reality. Nigeria politicians a jinxed only God can upstage them. Things are getting worse daily in power sector. We pray this Govt finish their abracadabra & leave by 2019 .