Court Stops Proposed Tariff Hike By Electricity Firms

A Federal High Court in Lagos has barred the Nigerian Electricity Regulatory Commission from giving effect to its proposed increment in electricity tariff.Justice Mohammed Idris made the order on Thursday after a Lagos-based lawyer, Mr. Toluwani Adebiyi, moved an ex parte application to that effect.

The Chairman of NERC, Dr. Sam Amadi, had, at a recent press conference in Abuja, disclosed the plan by the commission to implement an upward review of electricity tariff payable by Nigerians.
The proposed increment, Amadi said, was billed to commence from June 1,2015.

But Adebiyi, who claimed that the proposed increment would “foist further hardship on Nigerians,” had appeared in court on Thursday with a motion ex parte, praying the court to stop it.

Amadi, while canvassing argument before the court, contended that any increment in tarrif was unjustifiable in the face of poor or erratic supply of electricity by the distributing companies.

According to the lawyer, if the proposed increment is allowed, most electricity companies will retain the N750 fixed charge.

Justice Idris, after hearing the application, ordered that the status quo be maintained pending the determination of the substantive suit.

The judge ordered the plaintiff to serve the motion on notice and other processes in the suit on the NERC.

Justice Idris also granted leave to the applicant to serve the originating summons, the affidavit in support, list of exhibits and the written address on the defendant 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.

In the main suit, the plaintiff 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.