BEVERLY HILLS, July 13, (THEWILL) – The Federal High Court, Lagos Division has nullified the increment in electricity tariff announced on December 21 last year by the Nigerian Electricity Regulatory Commission (NERC).
In a judgment delivered by Justice Ibrahim Idris, the court ordered the reversal and restrained NERC from further increasing the tariff except in strict compliance to the provisions of the Electricity Power Sector Reform Act 2005 (EPSRA).
The suit filed by Toluwani Yemi Adebiyi, a human right lawyer, sought an order restraining the Nigerian government from implementing any upward review of electricity tariff without a marked improvement in power supply across the country.
Justice Idris, in his ruling, described NERC’s action as “procedurally ultra vires, irrational, irregular and illegal,” and awarded the sum of N50,000 in the plaintiff’s favour.
“The 1st defendant violated its powers as contained in EPSRA. The law is clear and unambiguous,” he ruled.
“The issue of increment in electricity tariff must comply with the provisions of section 76 of EPSRA. The 1st defendant has not shown that it acted in due obedience to prescribed procedures.
“There is no evidence that the 1st defendant complied with section 76, (6), (7) and (9) of the EPSRA.
“The 1st defendant did not give notice of the increase in official gazette and publish it in a newspaper with wide circulation or give room for the public to make presentations and objections before the increase will be effected.
“The upward increment in tariff was hasty and procedurally ultra vires. The review was done in a breach of existing order. This again was hasty, reckless and irresponsible. The court has the inherent jurisdiction to undo what has been done by a party in self-help.
“The 1st defendant is hereby directed to reverse to status quo.
“The 1st defendant is further restrained from increasing the electricity tariff except in strict compliance of the provisions EPSRA and the procedures stipulated in section 76 of the EPSRA. N50,000 cost is awarded against the defendants in favour of the plaintiff. That is the judgment of
Story by Dabvid Oputah
