Fidelity bank banner NewsExpress advert
Electricity Tariff hike: Court dismisses NERC’s application for stay of proceedings

By News Express on 23/02/2016

Share on facebook Yahoo mail icon Gmail icon Share on Google+

Views: 1,712

A Federal High Court in Lagos on Monday dismissed the application for a stay of further proceedings filed by the Nigerian Electricity Regulatory Commission (NERC) over the hike in electricity tariff.

NERC had asked the court for stay of proceedings until its appeal against two previous rulings by the court was heard and determined by the Court of Appeal.

Justice Mohammed Idris had in one of the rulings barred NERC from implementing any upward review in electricity tariff pending the hearing and determination of the main suit.

The other ruling was the dismissal of NERC’s preliminary objections to the suit.

Idris, who dismissed the application for stay of proceedings for lacking in merit, held that contrary to the claims of the applicant, there were no indications that the appeal had been listed for hearing at the Court of Appeal.

“It is clear that the applicant has an application before the court seeking for an extension of time to compile and transmit its record at the Appeal Court.

“There is also another motion for leave to rely on the same record of appeal in this present appeal.

“There is no indication that the application has been listed on the cause list or that it had been heard or adjourned for hearing.

“In the circumstance, this court cannot grant a stay of proceedings on an appeal which is awaiting regularisation at the Appeal Court.

“The application lacks merit and is dismissed accordingly.”

The judge also awarded a N10,000 cost in favour of the plaintiff.

After the ruling, there were arguments among parties in the case as to which application should be taken by the court.

The plaintiff, in his submissions, insisted that the ruling of the court had cleared the way for the hearing of his motion for contempt.

However, the defendants wanted the court to hear the substantive matter.

According to them, the plaintiff had not met any of the conditions prescribed by the law for his contempt charge to be heard by the court.

In a short ruling on the issue, Idris held that though contempt charge affected the integrity of the court, it would be in the interest of justice for all applications challenging the contempt proceedings to be heard first.

NERC's counsel, Mr Anthony Idigbe (SAN), then moved his application challenging the filing of forms 48 and 49 by the plaintiff.

He urged the court to dismiss the application for not following due process.

The plaintiff, however urged the court to dismiss all objections to the contempt charge and commit the NERC Chairman and the CEOs of the Distribution Companies(Discos) to prison for desecrating the judiciary.

He said the action of the alleged contemnors should be condemned and should not go unpunished.

After listening to the arguments of parties, the judge adjourned till Feb. 29 for ruling on the application challenging the contempt charge.

In the substantive suit brought by Toluwani Adebiyi, a lawyer and human rights activist, the plaintiff sought an order restraining NERC from implementing any upward review of electricity tariff.

This, the plaintiff said, was against the backdrop that there had been no meaningful and significant improvement in power supply at least for 18 hours in a day in most communities in Nigeria.

He also sought an order restraining NERC from foisting compulsory service charge on pre-paid meters not until “the meters are designed to read charges per second of consumption and not a flat rate for service not rendered or power not used.”

The service charge on pre-paid meters, he added, should not to be enforced until there was visible efficient and reliable power supply like those of foreign countries where the idea of service charge was borrowed.

Adebiyi further asked for an order of court mandating NERC to do the needful and generate more power to meet the electricity use of Nigerians.

The lawyer also asked the court to mandate NERC to make available to all Nigerians within a maximum of two years prepaid meters as a way to stop the indiscriminate estimated bill. (NAN)

•Photo shows Power Minister Babatunde Fashola.

Source News Express

Posted 23/02/2016 04:08:38 AM


Share on facebook Yahoo mail icon Gmail icon Share on Google+



REVEALED: 3 natural ways to get stronger erections, last 25minutes on bed, and increase manhood size without using drugs. Also, Natural Prostrate Enlargement Remedy.. Get In HERE...


You may also like...
Panic in Ebonyi over relocation of Boko Haram...

Cholera epidemic hits Anambra

No cause for alarm over Buhari’s health: FG...

Zamfara Police Command issues ultimatum for the surrender...

Obama denies Africa Ebola wonder drug •Budgets $550m...

School Feeding Programme: UNICEF assures of continual partnership...

PDP Convention: South-South group blames Jonathan as plot...

Agricultural transformation in Africa requires adequate capacity development...

5 rescued from crashed Lagos plane

Environmental rights group tasks Shell to remediate oil...

US vows to deny violent Nigerian politicians visa...

Rights group warns against return of dreaded ex-SARS...


Latest News Court throws weight behind Peace Corps Okorocha’s visits to Buhari meaningless - APC stakeholders Mystery briefcase linked to $1.1bn bribery case in Nigeria Lawyer identifies causes of rape 2 die while celebrating Jang’s release from prison custody Court declaration of Innoson wanted done in bad faith — MASSOB •Warns against continued attack on auto mogul Gunmen abduct medical doctors in Benue Why people are resigning from my government – Bauchi Gov 2 Senators set to dump APC I dreamt of Leah Sharibu’s freedom from Boko Haram captivity — Mom 1pct Primary Healthcare Fund in 2018 budget will directly benefit the poor — PSN Court convicts Anglophone activists of rebellion and terrorism


Most Read Nigerian female sex addict opens up, says ‘I like it with both men and women’ (345,912 views) NUDE PHOTO OF OMOTOLA JALADE-EKEINDE surfaces online (342,804 views) Shameless Genevieve Nnaji exposes breasts in public (274,012 views) Finally named: The full list of friends of Nigerian female sex addict who prowled Facebook (225,304 views) Igbo scholar disgraces Femi Fani-Kayode •Demolishes claims on Igbo/Yoruba history with facts and figures (205,561 views) OLUMBA OLUMBA OBU (the one who called himself God) IS DEAD (203,368 views) Breaking News: POPULAR REVEREND CONVERTS TO ISLAM in Kaduna (Nigeria) (177,413 views) OBJ’s son reported dead in Lagos plane crash •Names of more victims emerge (159,676 views) THE FINAL DISGRACE: Igbo scholar unleashes more facts about Igbo/Yoruba history, finishes off Femi Fani-Kayode with second article (150,594 views) My wasted years in Olumba Olumba Obu’s Evil Brotherhood (143,939 views) Lagos plane crash: Journalist releases victims’ names (140,347 views) Gunmen kill ASP, 2 other police officers in vain bid to kidnap Rivers PDP chieftain (132,746 views)


Categories Advertorials (3) African Press Organisation (81) Art & Literature (43) Business & Economy (3,162) Business Verdict (43) Columnists (857) Complaints & Requests (94) Enterprise & Opportunities (207) Entertainment (498) Features (598) Global Business Monitor (275) International (1,973) Interview (149) Live Commentary (28) Love Matters (120) News (35,625) Opinion (973) Pidgin (10) Politics (5,076) Religion (747) Sports (1,518) Stock Watch (29) AMA & Al Jazeera Global Update


CBN banner

Firstmobile banner




Boko Haram commanders surrender


APO Group Partner




REVEALED: 3 natural ways to get stronger erections, last 25minutes on bed, and increase manhood size without using drugs. Also, Natural Prostrate Enlargement Remedy.. Get In HERE...

GOCOP Accredited Member

GOCOP Accredited member



Africa Media Agency and Al Jazeera