NERC Files Stay Of Execution Over 45% Tariff Reversal

The Nigerian Electricity
Regulatory Commission (NERC) on Friday, filed a stay of execution of the judgment mandating it to reverse the 45 per cent increase in electricity tariff.
The commission is asking the Court of Appeal to stay the execution of the judgment pending the trial determination of the substantive matter before the court.
It will be recalled that about two weeks ago, Justice Mohammed Idris of the Federal High court, Ikoyi in Lagos, had dismissed the power of NERC to increase by 45 per cent the electricity tariff in the country.
In its appeal, the NERC’s lawyers, Anthony Idigbe (SAN), Nnamdi Oragwu, Peter Edokpayi and Tobenna Nnamani, took the commission case to the Lagos Division of the appellate court.
The lawyers predicated their objection on 14 grounds amongst which are that:  “The trial judge erred in law when he held that the court had jurisdiction to entertain the 1st respondent’s originating summons when the processes were incompetent and refused to decline jurisdiction to entertain the 1st respondent’s originating summon when it was clear that the action was statute barred, having been brought  outside the statutory period prescribed under S 2(a) of the Public Officers Protection Act. Cap P41 LFN, 2004.
That, “the trial judge took the position of the litigant by assisting the 1st respondent in couching its claims”.
In a supporting affidavit deposed by Martins Nwankwo, it noted that:  “Refusal to grant the application will result to devastating consequences for  the nation and indeed the entire electricity consumers in Nigeria as investment in power sector which encourages health competition will be discouraged”.
He also noted that if the application was not favourably considered, there is a high likelihood that the citizens of the country will be subjected to total blackout that would drastically affect business and investment.

Chris Oluoh