The Nigeria Electricity Regulatory Commission (NERC) has said that electricity consumption is not a fundamental right that can be challenged by any consumer in Nigeria.
NERC’s legal team’s position is against a suit which had asked the Federal High Court Abuja to restrain it and the Abuja Electricity Distribution Company (AEDC) from giving effect and continuing with the implementation of multi-year tariff order 2024 which classified electricity consumers into Band A to E.
Nairametrics previously reported that he restraining requests was filed by Barrister Festus Sanmi Onifade, who stated he sued for himself and on behalf of other consumers in suit no FHC/ABJ/CS/492/2024.
Applicant’s Case
In his affidavit in support of the originating summons dated April 16, 2024, Onifade contested the various power supply timelines set for residents in Nigeria, insisting that a 20-hour power supply to Band A residents alone amounts to preferential treatment and discrimination of other Nigerians.
He faulted the electricity price increment and downgrading insisting that he and other customers who are on B, C, D and E are seeing their fundamental right to freedom from discrimination being breached by the development.
He was of the view that the policy of classification by NERC allegedly gives a preferential treatment to Customers in band A over and above the Claimant and other customers in band B, C, D and E respectively.
The lawyer sought both interim and perpetual order, restraining NERC, AEDC and the Attorney-General of the Federation from continuing with the policy of classification of Nigerian customers to Band A, B, C, D and E by their location and increasing their tariffs.
NERC Responds
In its notice of preliminary objection seen by Nairametrics, NERC’s lawyers, Harry O. Ukaejiofor and Safiiya Mohammed, asked Justice Inyang Ekwo to strike out the suit.
They argued that the classification of electricity consumers into Band A, B, C, D & E does not amount to discrimination as outlined by the claimant.
“There are no fundamental rights to electricity, and the plaintiffs by this action erroneously seeking to enforce a customer/consumer right against his service providers and their regulator in the guise of a fundamental right, “ NERC stated in its processes.
NERC’s legal team further explained that there is no evidence that the claimant complied with the condition in Chapter IV of the NERC’s Customer Protection Regulations 2023.
NERC’s Customer Protection Regulations 2023 states that the claimant’s complaint should be entertained first by the Consumer Complaint Unit of the AEDC and the forum established by the NERC in Abuja before he can approach the court with his complaint.
“The failure of the Plaintiff to comply with the aforesaid condition precedents makes this action unnecessary and premature.
“This Honorable Court lacks the jurisdiction and/or competence to entertain this action as presently constituted and as such the court ought to strike out this action, “ NERC submiited.
The case is adjourned to 23 September for further mention.
Backstory
Nairemetrics previously reported that the NERC announced a new electricity tariff increase for customers in the Band A category from N66/kWh to N225kWh, that is, those enjoying a 20-hour electricity supply daily.
NERC revealed the Federal Government planned to save N1.5 trillion with the tariff adjustment while subsidizing Bands below the A classification.
The Commission had fined Abuja Disco N20 million for wrongfully billing Band B customers with Band A electricity tariff rate.
The policy intends to align tariffs with the quality of service provided, and the latest order from the NERC aims to ensure that DisCos fully recover operational costs and earn a reasonable return on investment.
The court has now been invited to interpret the legality of NERC’s policy among other things.
