Festus Onifade, a customer of the Abuja Electricity Distribution Company, has petitioned the Federal High Court in Abuja to halt the Nigerian Electricity Regulatory Commission from proceeding with the enforcement of the 2024 multi-year tariff order, which categorizes electricity consumers into Bands A to E.
On April 3, the NERC increased the electricity tariff for customers receiving 20 hours of power daily.
The electricity tariff for Band A customers was increased from N68 per kilowatt-hour to N255/KWh.
The NERC afterwards instructed the 11 Distribution Companies to disclose their lists of Band A customers, who are entitled to receive a minimum of 20 hours of daily power supply.
Onifade, a lawyer in a suit marked FHC/ABJ/CS/492/2024, urged the court to halt the classification and the tariff hike.
He specifically said the classification was a breach of his fundamental rights and those of other customers, urging the court to declare it unconstitutional.
His reliefs partly read, “A declaration that the Policy of classification of the Claimant and other Consumers by the 1st Defendant into band A, B, C, D and E is a breach of the Claimant’s and other Consumers fundamental Right to freedom from discrimination as enshrined in the African and Human and People Right’s and the Constitution of the Federal Republic of Nigeria 1999 (As Amended) and therefore unconstitutional, unlawful, illegal, null and void.
“An order restraining NERC, AEDC and the Attorney-General of the Federation from continuing with the policy of classification of Nigerian customers to Band A, B, C, D and E by their location and increasing their tariffs pending the hearing and determination of the substantive suit.”
“An order of this Honourable Court perpetually restraining the Defendants, their privies, agents and other people from giving effect and continuing with the implementation of Multi-Year Tariff Order 2024 and increase in the of prices of Electricity and downgrading of the Claimant and other Customers by classification into Bands A, B, C, D, E forthwith,” he added.
In an affidavit he deposed to, Onifade stated that the classification amounted to discrimination against himself and other customers not residing in highbrow areas.
He contended with the classification that customers residing in less privileged areas, including himself, would have a lower power supply.
Onifade said, “By virtue of this classification, the first Defendant classified the second Defendant’s Customers living in the high brown urban areas of Maitama, Asokoro, Aso villa to Band A to enjoy electricity supply for 20 hours and above.
“By the same classification, the first Defendant classified the Claimant and other second Defendant’s Customers living in less privileged areas to Band B, C D and E thereby consigning these categories of customers to a perpetual state of lower, limited electricity supply of 16 hours for customers on band B, 12 hours and above for Customers on Band C, 8 hours and above for Customers on band D and 6 hours and above for Customers on Band E respectively.”No date has been fixed for hearing of the matter.