Incorporated trustee of All Electricity consumers protection Forum sue the Nigerian Electricity Regulatory commission, ( NERC) over minor review tarrif approved in April 3rd ,2024 to the disco under Band A.
It will recollect that barely two days after the Nigerian Electricity Regulatory commission released order on minor review of tarrif price of Band A category of consumers, the group National coordinator, All Electricity consumers protection Forum Adeola Samuel ilori (Ambassador) issued a letter stating the position of the group denouncing the increase and give a 72 hours ultimatum for the Regulatory body to reverse it as it doesn’t act according to the lay down rules and regulations issued by the same Nerc and the extant law as imputed in the Electricity Act,2023 as amended.
In furtherance to and follow up to the ultimatum which has since expired approach the Federal High court, Ibadan division to determine their propriety to approved the increase without following the regulatory order on Minor review as well as provisions of section 116 of electricity Act, 2023.
Below are the demands and order the incorporated trustees of the group want the court to determing whether the increase will be allow to stand as obtained from their lawyer an original court process of originating summon.
A DECLARATION that the Defendant’s order “April 2024 Supplementary Order to the Multi-Year Tariff Order – 2024” also referred to as “April 2024 Supplementary Order” which is an approval of a minor review in tariff of Band A consumers to take effect from 3rd April, 2024 is in contravention of Section 116 of the Electricity Act, 2023 and Sections 7, 8 & 9 of NERC Regulations on Procedure For Electricity Tariff Reviews in the Nigerian Electricity Supply Industry, 2014. 2. 3. 4. 5.
A DECLARATION that the Defendant’s “April 2024 Supplementary Order to the Multi-Year Tariff Order – 2024” also referred to as “April 2024 Supplementary Order” which is an approval of minor review in tariff is invalid due to the defendant approving the tariff in contravention of Section 116 of the Electricity Act, 2023 and Sections 7, 8 & 9 of NERC Regulations on Procedure For Electricity Tariff Reviews in the Nigerian Electricity Supply Industry, 2014.
A DECLARATION that the Defendant’s Multi-Year Tariff Order 2024 that took effect in 1st January, 2024 is valid and subsisting as it relates to all Bands of consumers as “April 2024 Supplementary Order to the Multi-Year Tariff Order – 2024” also referred to as “April 2024 Supplementary Order” the minor review in tariff of Band A consumers was approved in contravention of Section 116 of the Electricity Act, 2023 and Sections 7, 8 & 9 of NERC Regulations on Procedure For Electricity Tariff Reviews in the Nigerian Electricity Supply Industry, 2014
A DECLARATION that as a result of being charged under the invalid “April 2024 Supplementary Order to the Multi-Year Tariff Order – 2024” also referred to as “April 2024 Supplementary Order” tariff plan instead of the valid and subsisting Multi-Year Tariff Order 2024, Band A electricity consumers have been overcharged by the Distribution Companies
AN ORDER of this honourable court nullifying the Defendant’s “April 2024 Supplementary Order to the Multi-Year Tariff Order – 2024” also referred to as “April 2024 Supplementary Order” which took effect on 3rd April, 2024 which is an approval of a minor review in tariff of Multi-Year Tariff Order – 2024 as the Defendant is in contravention of Section 116 Electricity Act, 2023 and Sections 7, 8 & 9 of NERC Regulations on Procedure For Electricity Tariff Reviews in the Nigerian Electricity Supply Industry, 2014
6. AN ORDER of this honourable court compelling the Defendant to issue directives to all the distribution companies to reconcile the accounts of their respective Band A consumers to reflect the tariff of Multi-Year Tariff Order 2024 and credit all the Band A consumers under their franchise areas as a result of the excess charge under the reviewed electricity tariff plan of “April 2024 Supplementary Order to the Multi-Year Tariff Order – 2024” also referred to as “April 2024 Supplementary Order”.
7. A PERPETUAL INJUNCTION restraining the Defendant or her agents from approving any Tariff Review except in accordance with procedures prescribed by law. AND for such further or other Orders as this Honourable Court may deem fit to make in the circumstances of this case.
GROUNDS FOR THE ORIGINATING SUMMONS.
1. 2. 3. 4. 5. 6. The Defendant was established under Section 33 of the Electricity Act, 2023 to regulate the electricity power sector in Nigeria part of which is the regulation of electricity prices as stipulated in Section 34 of the Electricity Act, 2023. Section 116 of the Electricity Act, 2023 stipulates the procedure before electricity tariff can be reviewed and the defendant has no option but to follow said procedure. The Defendant also enacted NERC Regulations on Procedure For Electricity Tariff Reviews in the Nigerian Electricity Supply Industry, 2014 reiterating the established procedure to review electricity tariff as provided by Section 116 of Electricity Act, 2023. However the Defendant contravened Section 116 of the Electricity Act, 2023 and Sections 7, 8 & 9 of NERC Regulations on Procedure for Electricity Tariff Reviews in the Nigerian Electricity Supply Industry, 2014 when it approved a minor review of the electricity tariff of Band A Consumers. The Defendant then directed the distributing companies to charge based on the reviewed electricity tariff and this has occasioned hardship on the consumers. It is therefore necessary to interpret Section 116 of the Electricity Act, 2023 and Sections 7 & 8 of NERC Regulations on Procedure For Electricity Tariff
Reviews in the Nigerian Electricity Supply Industry, 2014 so that the purported minor review of the electricity tariff can be declared invalid by this honourable with attendant consequences. Dated the _______ day of April, 2024 This summons was taken out by, CHARLES AFOLABI, ESQ. of SUZERAIN PARTNERS, Legal Practitioners for the above named Plaintiff whose address for service is 213,Igbosere Street, Lagos Island, Lagos & 140 Adekunle Fajuyi Road, Opposite Alaafia Hospital, Adamasingba, Ibadan. _______________________ CHARLES AFOLABI, ESQ. SUZERAIN PARTNERS, Counsel to the Plaintiff, 213,Igbosere Street, Lagos Island 140, Adekunle Fajuyi Road, Opposite Alaafia Hospital, Adamasingba, Ibadan. Tel: 08139479901, 08157323207 Email:charlesafolabi0001@