Electricity tariff hike: NERC's fails to stall judgment
The Court of Appeal, was to have hears the appeal lodged by
the commission against the ruling of the lower court which barred it from
implementing any 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 on Monday 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.
Hearing in the appeal was subsequently adjourned to November
22.
Adebiyi, in the substantive suit at the lower court, 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 to restrain 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 was visible efficient and reliable power supply like
those of foreign countries where the idea of service charge was borrowed.
Adebiyi is further asking for an order of court mandating
the NERC to do the needful and generate more power to meet the electricity use
of Nigerians, adding that the needful should include and not limited to a
multiple long-term financing approach, sourced from the banks, capital market,
insurance and other sectors of finance to power the sector.
He is further asking the court to mandate NERC to make
available to all Nigerians within a reasonable time of maximum of two years,
prepaid meters as a way to stop the throat-cutting indiscriminate estimated
bill and which must be devoid of the arbitrary service charge, but only
chargeable on power consumed.
In an affidavit in support of the suit personally deposed to
by the applicant, the lawyer lamented that despite the motto and mission of
NERC which were expressly stated as "keeping the light on and to meet the
needs of Nigeria for safe, adequate, reliable and affordable electricity,"
most communities in Nigeria do not get more than 30 minutes if electricity
supply, while the remaining 23 hours and 30 minutes were always without light
and in total darkness.
"Nigeria poor masses are paying an estimated and
indiscriminate residential bills ranging from N5, 000 to N18, 000, spending an
average of N15,000 to N20, 000 for fuel to maintain generating set.
"Businesses have collapsed, industries have closed
down, and residents cannot sleep comfortably at night due to inefficiency of
our power industry".
"Companies and commercial Houses are groaning under
throat-cutting power bill which they are paying for, yet not getting the
benefit for such payment," Adebiyi stated.
He stressed that the proposed increase in electricity tariff
was coming amidst the tangled web of poor power supply with no reasonable proof
of improvement.
"The situation is self evident, it readily speaks for
itself because everyone is suffering from poor power outrage.
"Bringing further increase amidst this tangled web of
hardship and without any improvement in power supply, will be highly
unjustifiable and will be an economic burden on Nigeria populace. It is totally
absurd and not for the good of the people, and therefore must be stopped,"
Adebiyi submitted.
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