Court restrains NERC, Ikeja Electric from implementing new tariff
CHIGOZIE AMADI
The Federal High Court sitting in Lagos has issued an order preventing Ikeja Electric PLC and the Nigerian Electricity Regulatory Commission (NERC) from enforcing the new tariff stipulated in the April 2024 Supplementary Order regarding tariff increases on ‘Bank A’ feeders.
The court ruled on Tuesday that the tariff included those published by Ikeja Electric on April 4, 2024, and the May 2024 Supplementary Order On Tariff Increase On “Band A” published on May 6, 2024, against a firm, Rida National Plastics Limited.
The interim injunction was made by Justice Chukwujeku Aneke after hearing an ex parte application filed by Rida National Plastics’ lawyer Kemi Pinheiro (SAN), F. Giwa Esq and I. Aderibigbe Esq.
The judge resolved that the order will remain in effect until Ikeja Electric and NERC fully comply with Section 51 of the Electricity Act, 2023, and until the hearing and resolution of the Motion on Notice for Interlocutory Injunction.
Rida National Plastics is the plaintiff while Ikeja Electric PLC and NERC are the 1st and 2nd defendants in the suit marked FHC/L/CS/1051/2024.
Justice Aneke also issued an order, temporarily restraining the 1st & 2nd defendants from imposing the payment of the sum of N20 million on the plaintiff.
The N20 million was supposed to be the balance payable on the purported electricity bill dated May 4, 2024, calculated based on the April 2024 Supplementary Order on Tariff Increase on “Band A” Feeders and the May 2024 Supplementary Order On Tariff Increase on “Band A”.
Furthermore, the interim injunction also restrained Ikeja Electric and NERC “from intimidating and threatening to disconnect or actually disconnecting” Rida National Plastics’ electricity supply for non-compliance with the purported tariff.
Justice Aneke adjourned the case till July 9, 2024 “for hearing of the motion on notice filed contemporaneously with the instant ex-parte application.”
