News Investigators/ A legal practitioner, Festus Onifade, has called on the Minister of Power, Adebayo Adelabu, to refrain from the planned electricity tariff review for customers in Bands A, B, C, D and E to avoid contempt of court.
Mr Onifade, who urged Adelabu to maintain the current electricity tariff in the country, reminded him about a pending suit before the Federal High Court, challenging the electricity tariff hike for Band A customers and the classification of customers into bands in April 2024.
The News Agency of Nigeria (NAN) recalls that Adelabu had, on Feb. 27, announced plans to review the current electricity tariff to address disparities in the current billing system.
The minister stated that under the current structure, customers in Band B enjoy 17-18 hours of electricity supply at N63 per kilowatt-hour, while those in Band A, with two hours more of supply, are charged N209 per kilowatt-hour.
According to Adelabu, the gap between the Band A tariffs and Bands B, C, D, and E is just too wide.
“We believe it’s not fair. It is not just, and we must be able to carry out some level of regularisation,” he had said.
Meanwhile, Mr Onifade, in a letter dated March 6, received same date at the minister’s office and made available to newsmen on Monday in Abuja, urged Adelabu to halt the plan to increase the tariffs.
“We are writing to respectfully request that you direct the Ministry of Power and National Electricity Regulatory Commission (NERC) which are directly under your supervision to maintain status quo on the current electricity tariff pending the hearing and determination of the ongoing matter in court.
“You will recall that we filed a suit no: FHC/ABJ/CS/492/2024 Festus Onifade Vs. NERC & 2 Others, challenging the electricity tariff hike for Band A customers and classification of electricity consumers into Bands in April, 2024.
“This suit is still pending before the Federal High Court, Abuja.
“The need to maintain status quo has become necessary, in other to preserve the integrity of the court, ensure adherence to the principle of rule of law and protect the right of parties, particularly the consumers,” he said.
Citing previous cases to back his argument, the lawyer said: “This trite position of law has long been endorsed by our courts in chains of judicial authorities.”
He said the court had decided “that during the pendency of a suit, neither party is permitted to dispose of or encumber the subject matter in dispute.
“Such actions are considered contemptuous as they undermine the authority of the court and the administration of justice.
“We are confident that in view of the above, you will be guided to refrain from actions that can potentially disrupt parties’ position and cause an irreparable harm to consumers.
“I kindly urge you to consider this request and avoid being in contempt of the court and by maintaining the current tariff until the court’s verdict.”
NAN reports that Onifade had, on April 16, 2024, filed the suit on behalf of himself and customers living within the high brown urban areas of Maitama, Asokoro and Aso Villa, praying the court to stop the policy classifying them into Band A and increasing their electricity tariff.
The plaintiff, in the suit marked: FHC/ABJ/CS/492/2024 before Justice Inyang Ekwo, named NERC, Abuja Electricity Distribution Company (AEDC) and the Attorney-General of the Federation (AGF) as 1st to 3rd defendants respectively.
He accused NERC of classifying customers living in less privileged areas to Bands B, C, D and E, thereby providing them with limited electricity supply, thereby breaching their rights to freedom from discrimination.
He also alleged that the policy and introduction of new tariffs were done without the knowledge of many distribution companies.
Onifade, therefore, prayed the court to declare as unconstitutional the classification of customers into bands and the subsequent increase in tariffs.
Justice Ekwo had fixed March 17 for the hearing.
NAN