Electricity tariff hike: Court reaffirms status-quo order
(Nigeria) A Federal High Court, Lagos on Monday, re-affirmed the order it made restraining Nigerian Electricity Regulatory
Commission, NERC, from implementing any
upward review of electricity tariff (hike), pending the hearing and final
determination of the suit filed by a lawyer and rights activist, Toluwani
Adebiyi, over the issue.
Trial judge, Justice Mohammed Idris, while delivering a
ruling on the preliminary objections of NERC against the filing of contempt
charge by the plaintiff, said “let me warn that when the disciplinary
jurisdiction of this court is properly invoked, anyone who is found to have
ignored the order of the court will be dealt with severely.
“The order of this court that parties in this suit should
maintain the status quo remains valid and binding until it is set aside by a
court of competent jurisdiction.
“The issue of disobedience to court's order is one that
affects the integrity of the court. There is a need for the court to assert its
authority and deal with any issue that is capable of bringing it to disrepute.
Those who intend to take the judicial system for a ride should think twice and
those who have done so should retrace their steps, the long arm of the law will
catch up with them no matter how long it takes," the court said.
Adebiyi had sought to commit NERC Chairman and Chief
Executive Officers, CEOs of the Distribution Companies, Discos, to prison for
announcing the implementation of the new electricity tariff despite a subsisting
court order barring same.
But ruling on the application for the hearing of the
contempt proceeding, Justice Idris set aside the Form 49 and the motion for
committal to prison filed against the defendants by the plaintiff, noting that
the issuance of form 49 on the defendants by the plaintiff without prior and
proper service of form 48 is premature.
"In the circumstance, I hold that the defendant's
objection has merit. The court has set aside the contempt application due to
fundamental and procedural irregularities," the court said.
The court has since adjourned till March 15 for hearing of
all pending applications.
Adebiyi, in the substantive suit, is seeking an order
restraining 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 Nigeria.
He also wants the court restraining 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."
He also wants the service charge on pre-paid meters not to
be enforced until there is visible efficient and reliable power supply like
those of foreign countries where the idea of service charge was borrowed.
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