Electricity Tariff: Court Refuses NERC’s Bid To Halt Case

• Awards cost against commission

The Federal High Court in Lagos yesterday dismissed an application by the Nigerian Electricity Regulatory Commission (NERC) seeking to stay proceedings in the suit on electricity tariff hike.

Justice Mohammed Idris refused the motion for being not meritorious.

He awarded a punitive cost of ₦10,000 against NERC.

Activist-lawyer Toluwani Adebiyi, who obtained an order restraining NERC from increasing tariff, initiated contempt proceedings against the commission’s chairman and chief executives of electricity distribution companies.

He contends that the tariff increased was announced while the order made by Justice Idris was subsisting.

NERC, through its lawyer Anthony Idigbe (SAN), prayed for a stay of proceedings pending the determination of an appeal against the order that parties maintain status quo.

Arguing the application, Idigbe said the court should defer to the Court of Appeal.

But, Adebiyi said there was no evidence that NERC filed an appeal. He urged the court to hold the defendants in contempt.

“As far as the application of stay of proceedings, no such proof has been entered. That application contains no appeal number.

“It is worthless, of no substance, dead and incurably defective,” Adebiyi argued.

Dismissing the application, Justice Idris held that contrary NERC’s claims, there was no indication that the appeal has been listed for hearing at the Appeal Court.

“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 the 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 regularization at the Appeal Court,” the judge said.

Justice Idris, therefore, held: “This application lacks merit and is hereby dismissed.”

After the ruling, there were arguments as to which pending application should be taken next.

Adebiyi insisted that the ruling has cleared the way for the hearing of his motion for contempt.

Justice Idris adjourned till February 29 for ruling.