Energy: Judge renews order barring electricity tariff hike

The battle on the increase in Electricity tariff seems to have been lingering as Justice Mohammed Idris of the Federal High Court in Lagos on Monday renewed the order barring the Nigerian Electricity Regulatory Commission (NERC)
from increasing electricity tariff.
He said the order that parties maintain status quo
ante bellum subsists.
“The order that the parties in this suit should
maintain the status quo ante bellum remains valid
and binding until it is set aside by a court of competent jurisdiction,” Justice Idris held.
He spoke while delivering ruling on a contempt proceedings initiated by activist-lawyer, Toluwani Adebiyi, against NERC chairman and Chief Executives of Distribution Companies (DISCOs).
Justice Idris first made the order last May, but while the suit was pending, NERC announced the
tariff hike.
Ruling, Justice Idris agreed with the respondents
and held that Adebiyi issued Form 49 (a formal
application for committal to prison of a person who refuses to obey an order) without properly
serving the alleged contemnors with the Form 48.
He said: “It is clear, in this case, that the purported issuance of the Form 49 on the
defendants by the plaintiff without prior and
proper service of the Form 48 is premature.
“The issuance of Form 49 when the court is yet to
hear and determine the application of the plaintiff
for leave to serve Form 48 is also inappropriate.
“In the circumstances, I hold that the defendants’
objections have merit. The Form 49 and the
motion for order for committal issued by the
plaintiff against the defendants are hereby set
aside. The court has set aside the contempt
application due to fundamental procedural
irregularities.”
Justice Idris, however, said NERC and the DISCOs
are still liable to be held in contempt should they
continue to violate the order.