A customer of the Abuja Electricity Distribution Company (AEDC), Festus Onifade, has urged a Federal High Court in Abuja to stop the Nigerian Electricity Regulatory Commission from continuing with the implementation of multi-year tariff order 2024 which classified electricity consumers into Band A to E.
On April 3, the NERC increased the electricity tariff for
customers receiving 20 hours of power daily.
The electricity tariff for Band A customers was increased
from N68 per kilowatt-hour to N255/KWh.
The NERC afterwards instructed the 11 Distribution Companies
to disclose their lists of Band A customers, who are entitled to receive a
minimum of 20 hours of daily power supply.
Onifade, a lawyer in a suit marked FHC/ABJ/CS/492/2024,
urged the court to halt the classification and the tariff hike.
He specifically said the classification was a breach of his
fundamental rights and those of other customers, urging the court to declare it
unconstitutional.
His reliefs partly read, “A declaration that the Policy of
classification of the Claimant and other Consumers by the 1st Defendant into
band A, B, C, D and E is a breach of the Claimant’s and other Consumers
fundamental Right to freedom from discrimination as enshrined in the African
and Human and People Right’s and the Constitution of the Federal Republic of
Nigeria 1999 (As Amended) and therefore unconstitutional, unlawful, illegal,
null and void.
“An 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 pending the hearing and determination of the substantive suit.”
“An order of this Honourable Court perpetually restraining
the Defendants, their privies, agents and other people from giving effect and
continuing with the implementation of Multi-Year Tariff Order 2024 and increase
in the of prices of Electricity and downgrading of the Claimant and other
Customers by classification into Bands A, B, C, D, E forthwith,” he added.
In an affidavit he deposed to, Onifade stated that the
classification amounted to discrimination against himself and other customers
not residing in highbrow areas.
He contended with the classification that customers residing
in less privileged areas, including himself, would have a lower power supply.
Onifade said, “By virtue of this classification, the first
Defendant classified the second Defendant’s Customers living in the high brown
urban areas of Maitama, Asokoro, Aso villa to Band A to enjoy electricity
supply for 20 hours and above.
“By the same classification, the first Defendant classified
the Claimant and other second Defendant’s Customers living in less privileged
areas to Band B, C D and E thereby consigning these categories of customers to
a perpetual state of lower, limited electricity supply of 16 hours for
customers on band B, 12 hours and above for Customers on Band C, 8 hours and
above for Customers on band D and 6 hours and above for Customers on Band E
respectively.”
No date has been fixed for hearing of the matter.
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