Forum sues NERC, wants April electricity tariff order nullified

Nigerian Electricity Regulatory Commission (NERC).PIX:Twitter

All-Electricity Consumer Protection Forum (AECPF), has taken legal action against the Nigerian Electricity Regulatory Commission (NERC), seeking to nullify the April 2024 Tariff Order and demanding reconciliation for consumers who have been overcharged.

The forum, representing the interests of electricity consumers across Nigeria, filed the suit in response to what it deems as unjustified tariff increases and discrepancies in billing practices.

According to the suit No:FHC/IB/CS/42/24 at the Federal High Court of Nigeria in the Ibadan Judicial division the Lagos State Coordinator, Isa Oyetunji urged the court to nullify “April 2024 Supplementary Order to the Multi-Year Tariff Order 2024” also referred to as “April 2024 Supplementary Order” and hold that Multi-Year Tariff Order – 2024 is valid and subsisting.

He added that it is also in the interest of justice for the court to make an order that the Defendant is to give directives to the distribution companies to reconcile the accounts of all Band A consumers that have been charged excessively by the now invalid “April 2024 Supplementary Order to the Multi-Year Tariff Order – 2024” also referred to as “April 2024 Supplementary Order.

The suit partly reads: “Let NIGERIAN ELECTRICITY REGULATORY COMMISSION of Plot 1387 Cadasral Zone A00, Central Business District, Abuja and Jibowu Street, Opposite Magara Police Station, Iyaganku GRA, Ibadan, Oyo State, within the Ibadan Judicial Division, within thirty days after service of this Summons on it, inclusive of the day of such service, cause an appearance to be entered for it to this Summons, which is issued upon the application of the Plaintiff for the determination of the following questions:

“Whether by law there is a mandatory procedure to be followed before the defendant can review electricity tariff.

“Whether the Defendant’s act of approving the review of electricity tariff via “April 2024 Supplementary Order to the Multi-Year Tariff Order 2024” also referred to as “April 2024 Supplementary Order” is in contravention of the mandatory procedure as enumerated in 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

“Whether the approval of the minor review of electricity tariff by the Defendant via “April 2024 Supplementary Order to the Multi-Year Tariff Order -2024” also referred to as “April 2024 Supplementary Order” which is in contravention of Section 116 of the Electricity Act and Sections 7, 8 & 9 of NERC Regulations on Procedure For Electricity Tariff Reviews in the Nigerian Electricity Supply Industry, 2014 ought not to be nullified by the this honourable court.

The suit stated that NERC within thirty days after service of the Summons on it, inclusive of the day of such service, cause an appearance to be entered for it to this Summons, which is issued upon the application of the Plaintiff for the determination of the questions.

It added that by law there is a mandatory procedure to be followed before the defendant can review electricity tariff.

The grounds for the originating summons stated that 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.

Also, 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.”