‘Discrimination’: Nigerian Court asked to stop NERC, AEDC from implementing Band A to E electricity supply classification
The Federal High Court sitting in Abuja has been asked to restrain the Nigeria Electricity Regulatory Commission (NERC) 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.
The requests were made in the suit 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.
In his affidavit in support of the originating summons dated April 16, 2024, and seen by Nairametrics, 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.
The applicant’s lawyer, Moses Awuru Esq told the court that unless it intervenes, the injury and breach occasioned by the policy of classification of electricity supply to AEDC’s customers will persist.
“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.
In his motion on notice seen by Nairametrics, Ewuru sought an order of interlocutory injunction 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.
He also urged the court to restrain the defendants from taking any special step that may negatively affect the rights of the claimant pending the hearing and determination of the suit.
He stated that he has raised a series of laws which need to be determined urgently for the benefit of Nigerians.
No date has been fixed for hearing of the matter.
