Court Halts Implementation Of New Tariff By Ikeja Electric And NERC
The Federal High Court in Lagos has issued a restraining order against Ikeja Electric PLC and the Nigerian Electricity Regulatory Commission (NERC) from implementing the new tariff outlined in the April 2024 Supplementary Order on Tariff Increase for “Band A” feeders.
The ruling, delivered on Tuesday, prevents the enforcement of the tariffs announced by Ikeja Electric on April 4, 2024, and the May 2024 Supplementary Order published on May 6, 2024. The case was brought forward by Rida National Plastics Limited.
Justice Chukwujeku Aneke granted the interim injunction after considering an ex parte application filed by Kemi Pinheiro (SAN) and his legal team, representing Rida National Plastics. The order will remain in effect until Ikeja Electric and NERC fully comply with Section 51 of the Electricity Act, 2023, and until the court hears and determines the Motion on Notice for Interlocutory Injunction.
Rida National Plastics is the plaintiff in the case, while Ikeja Electric PLC and NERC are the 1st and 2nd defendants, respectively, in the suit marked FHC/L/CS/1051/2024.
Justice Aneke also restrained Ikeja Electric and NERC from demanding a payment of N20 million from Rida National Plastics, which is the outstanding amount on the electricity bill dated May 4, 2024. This bill was calculated based on the controversial April and May 2024 Supplementary Orders on Tariff Increase for “Band A” feeders.
Furthermore, the interim injunction prevents Ikeja Electric and NERC from intimidating, threatening, or actually disconnecting Rida National Plastics’ electricity supply due to non-compliance with the new tariff.
The case has been adjourned to July 9, 2024, for the hearing of the motion on notice that was filed alongside the ex parte application.
