RE: DECOMMISSIONING OF “UNISTAR” METER CUSTOMERS’ METERING SYSTEM ON NOVEMBER 14, 2024 – INHERENT ILLEGALITY AND VIOLATION OF EXISTING LAW AND ORDER OF NERC
We write as a registered electricity consumers’ rights protection group, All Electricity Consumer Protection Forum, incorporated under Part C of the Companies and Allied Matters Act (CAMA) 2020. This letter addresses the unlawful and unilateral decision by your organization to decommission “UNISTAR” prepaid meters, as announced in your recent publication and flyers circulating on social media.
Our members, who are customers within your franchise area, brought this to our attention via our WhatsApp group, concerned about the directive that, by November 14, 2024, all users of “UNISTAR” prepaid meters must register for a new meter to avoid being billed based on estimated consumption. (See attached document.)
It is troubling that an organization regulated by the Nigerian Electricity Regulatory Commission (NERC) would seek to decommission meters without considering the legal framework governing such actions. Pursuant to Section 34 of the Electricity Act, 2023 (as amended), there are clear provisions regarding the decommissioning of meters, and your proposed action violates these regulations. Additionally, the 2020 directive from NERC explicitly prohibits such decommissioning without due process.
Furthermore, your organization’s directive fails to acknowledge the provisions of the Metering Code 3:3 and Consumer Protection Regulations 2023, which stipulate that faulty meters—if the fault is not caused by the customer—must be replaced by your organization within 48 hours. Instead of offering this mandatory service, you are instructing customers to register for new meters, knowing full well that meters are not readily available.
We have escalated this matter to the Vice Chairman of NERC, Dr. Musiliu Oseni, through our National Coordinator. His response clearly indicated that no such approval has been granted to your organization to proceed with the decommissioning of the “UNISTAR” meters, nor is there any directive to override the standing 2020 NERC order prohibiting such actions without due authorization.
Our Demands:
In light of the clear and unambiguous legal requirements surrounding meter decommissioning, we hereby demand the following:
- Issue a Suspension Notice: Your organization must immediately issue a new directive suspending the decommissioning of “UNISTAR” meters within your franchise area.
- Uninterrupted Service: Ensure that there is no disruption to customers’ ability to recharge their meters or access electricity until NERC issues an official approval allowing such decommissioning. Your organization should comply with the existing 2020 directive, which bars any disco from decommissioning prepaid or post-paid meters still certified as functional by the Nigerian Electricity Management Services Agency (NEMSA).
- Compliance with Faulty Meter Replacement Policy: If decommissioning becomes necessary, it must comply with the Metering Code and NERC orders. Your organization must replace faulty meters within 48 hours of the fault being reported, provided the customer is not at fault.
- Free Metering Obligation: Activate Section 13(2) of the Consumer Protection Regulations 2023, which mandates discos to provide meters to customers free of charge as part of their service obligations.
We urge you to take this request seriously and comply with the relevant laws and regulations. Any further attempts to disregard NERC’s orders or violate customers’ rights may compel us to seek legal redress in a competent court.
Thank you for your attention to this matter.
Yours faithfully,
Adeola Samuel Ilori (Ambassador)
National Coordinator,
All Electricity Consumer Protection Forum
(An Accredited Affiliate of FCCPC)
Presenter, Electricity on Fresh FM Lagos