The new electricity tariff regime approved by the Nigerian Electricity Regulatory Commission (NERC) flouted an order by the Federal High Court in Lagos, the plaintiff, Toluwani Adebiyi, has said.
He said the injunction granted by Justice Ibrahim Idris against any increment was subsisting and had not been discharged.
Adebiyi, who filed the suit, in a letter to Minister of Power Babatunde Fashola (SAN), said it was unfortunate that an order of court would be violated in a democracy.
Justice Idris made the order on May 28 restraining NERC from increasing tariff in June. The judge later restated the order, saying it subsists until the substantive matter is decided.
NERC has said as from the next billing period, distribution companies would no longer charge their customers monthly fixed charges.
“It becomes very sad, frightening and legally embarrassing when such flagrant disregard happens not in a military era, but in a democratic dispensation,” Adebiyi said.
He said it was even more unfortunate because NERC chairman, Dr. Sam Amadi, Fashola and Vice-President Yemi Osinbajo (SAN) are lawyers and should know better than to approve a tariff when an order was subsisting.
The lawyer said he would initiate contempt proceedings should the new tariff be implemented despite of the order.
“We will not hesitate to bring contempt charge against whosoever acts contemptuously against the subsisting order of court. In fact the forms 48 and 49 are already prepared against would-be defaulters,” he said.
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