Court restrains Ikeja Electric, NERC from implementing new tariff

The Federal High Court in Lagos has barred Ikeja Electric PLC and the Nigerian Electricity Regulatory Commission (NERC) from applying, administering, and/or executing the purported pricing outlined in the April 2024 Supplementary Order on pricing Increase on ‘Bank A’ Feeders.

The court ruled on Tuesday that the tariff includes those released by Ikeja Electric on April 4, 2024, and/or the May 2024 Supplementary Order On Tariff Increase On “Band A” published on May 6, 2024, on a company called Rida National Plastics Limited.

Justice Chukwujeku Aneke issued the interim injunction after hearing an ex parte motion brought by Rida National Plastics’ lawyer, Kemi Pinheiro (SAN), alongside F. Giwa Esq. and I. Aderibigbe Esq.

The judge ruled that the order subsists pending Ikeja Electric and NERC’s full compliance with Section 51 of the Electricity Act, 2023, and the hearing and determination of the Motion on Notice for Interlocutory Injunction.

Rida National Plastics is the plaintiff/applicant while Ikeja Electric PLC and NERC are the 1st and 2nd defendants/respondent in the suit marked FHC/L/CS/1051/2024.

Justice Aneke also temporarily restrained the 1st & 2nd defendants from imposing the payment of the sum of N20 million on the plaintiff being the balance payable on the purported electricity bill dated 4th of May 2024 calculated based on the April 2024 Supplementary Order on Tariff Increase on “Band A” Feeders and/or the May 2024 Supplementary Order On Tariff Increase on “Band A.”

In addition, the interim injunction also restrained Ikeja Electric and NERC “from intimidating and threatening to disconnect or actually disconnecting” Rida National Plastics’ electricity supply for non-compliance with the purported tariff.

He adjourned the suit till July 9, 2024 “for hearing of the motion on notice filed contemporaneously with the instant ex-parte application”.