The Nigeria Energy Regulatory Commission has stated that energy usage is not a fundamental right that any Nigerian consumer may contest.
The NERC’s legal team is opposing a suit that asked the Federal High Court Abuja to restrain it and the Abuja Electricity Distribution Company from implementing the multi-year tariff order 2024, which classified electricity consumers into Bands A through E, according to Nairametrics.
As previously reported by AmBusiness, Barrister Festus Sanmi Onifade had filed a restraining order in suit number. FHC/ABJ/CS/492/2024, claiming to be suing for himself and other consumers.
In his affidavit in support of the originating summons dated April 16, 2024, Onifade questioned the multiple power supply timings established for Nigerian citizens, claiming that providing a 20-hour power supply to Band A residents alone constitutes preferential treatment and discrimination against other Nigerians.
He objected to the increase in electricity prices and downgrading, alleging that the development violates his and other customers’ fundamental right to be free of discrimination.
He believed that NERC’s classification scheme gave consumers in band A preferential treatment over the Claimant and other customers in bands B, C, D, and E.
The lawyer requested both an interim and permanent order preventing NERC, AEDC, and the Attorney-General of the Federation from continuing the policy of classifying Nigerian customers into Bands A, B, C, D, and E based on their location and raising their tariffs.
In their notice of preliminary objection, NERC lawyers Harry O. Ukaejiofor and Safiiya Mohammed requested that Justice Inyang Ekwo dismiss the lawsuit.
They argued that classifying energy consumers into Bands A, B, C, D, and E does not constitute discrimination, as the claimant claimed.
“There are no fundamental rights to electricity, and the plaintiffs by this action erroneously seeking to enforce a customer/consumer right against his service providers and their regulator in the guise of a fundamental right, “ NERC stated in its proceeding.
The NERC’s legal team further stated that there is no indication that the claimant met the criterion in Chapter IV of the NERC’s Customer Protection Regulations 2023.
NERC’s Customer Protection Regulations 2023 states that the claimant’s complaint should be entertained first by the Consumer Complaint Unit of the AEDC and the forum established by the NERC in Abuja before he can approach the court with his complaint.
“The failure of the Plaintiff to comply with the aforesaid condition precedents makes this action unnecessary and premature.
“This Honorable Court lacks the jurisdiction and/or competence to entertain this action as presently constituted and as such the court ought to strike out this action, “ NERC submitted.
The NERC had announced a new power rate hike for users in the Band A category, which includes those who receive a minimum of 20 hours of electricity each day, from N66/kWh to N225kWh.
