Tariff hike: Court bars NERC from increasing electricity tariff

By Innocent Anaba

lagos —A Federal High Court sitting in Lagos,
yesterday, refused an application by Nigerian
Electricity Regulatory Commission, NERC,
seeking to stay further proceedings in the suit
challenging the hike in electricity tariff by
Distribution Companies, DISCOs.
The suit was instituted by a lawyer and rights
activist, Toluwani Adebiyi, following which the
court had restrained parties to maintain status-
quo.

It will be recalled that NERC and DISCOs had
gone ahead on February 1, 2016 to hike tariff in
electricity, despite the subsisting order.

NERC had asked the court to stay proceedings
until its appeal against two previous rulings
delivered by the judge was heard and
determined by the Appeal Court.
Justice Idris had in one of the rulings barred
NERC from implementing any upward review in
electricity tariff pending the hearing and
determination of the suit.

The other ruling has to do with the dismissal of
NERC’s preliminary objections to the suit.

However, while dismissing the application for
stay of proceedings for lacking in merit,
yesterday, Justice Idris held that contrary to the
claims of the applicant, there are no indication
that the appeal has been listed for hearing at the
Appeal Court.

He said, “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. However, 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 incompetent appeal
which is awaiting regularisation at the Appeal
Court. On the whole, the application lacks merit
and is dismissed accordingly,” the judge said.

The court also awarded N10,000 cost in favour
of the plaintiff.
After the ruling, there were arguments among
parties in the matter on which application should
be taken by the court.