The Federal High
Court Ikoyi, in a landmark judgment has declared the 45 per cent tariff
increase by the Nigeria Electricity Regulatory Commission (NERC) as illegal and
should be reversed immediately.
The court held that
the implementation of the 45 per cent increase constitutes a violation of its
interim order.
The court awarded
N50,000 cost against NERC.
We at the Nigeria
Labour Congress wish to state that this is a courageous and judicial judgement
deserving of commendation.
We also consider it
victory for the ordinary Nigerian who has been crushed by exploitative bills.
Similarly, we urge
NERC and DISCOs to obey the judgement and revert to the old rates without
further delay.
We demand that the
NERC and DISCOs observe all the conditions precedent as contained in the sales
agreement before any increase be made.
We call that the
joint stakeholders on increment on Electricity Tariff led by the Nigeria Labour
Congress in their Communiqué issued in Lagos and dated January 29, 2016 had
declared as follows:
·
The
increase is illegal, unfair, unjustifiable and a further exploitation of the
already exploited Nigerians;
· The due
process in the extant laws for such an increment was not followed in consonance
with Section 76 of the Power Sector Reform Act, 2005;
· There
has been no significant improvement in service delivery coupled with the fact
that most consumers are not metered in accordance with the signed Privatization
Memorandum (MoU) of November 21, 2013 which stipulates that within 18 months gestation period, all consumers are to
be metered;
·
There is a subsisting court order dated May 28. 2015 by Honourable Justice Mohammed Idris of the Federal High Court, Ikoyi, Lagos, in the case of ToluwaniYemi-Adebiyi versus NERC &Ors, that there shall be no increment until the determination of the substantive suit;
There is a subsisting court order dated May 28. 2015 by Honourable Justice Mohammed Idris of the Federal High Court, Ikoyi, Lagos, in the case of ToluwaniYemi-Adebiyi versus NERC &Ors, that there shall be no increment until the determination of the substantive suit;
·
The increment at this time negates the present biting prevailing economic recession vis-a-vis an attempt to further impoverish the the poor masses.
The increment at this time negates the present biting prevailing economic recession vis-a-vis an attempt to further impoverish the the poor masses.
·
Accordingly, the Stake Holders demanded an "immediate halt of this morbid and exploitative intention" with a warning that an observance in the breach would attract a response such as the mobilization of all Nigerians to resist the new tariff, mass protest or picketing of all DISCOs nationwide, and a directive to all consumers to reject any bill with the new tariff.
Accordingly, the Stake Holders demanded an "immediate halt of this morbid and exploitative intention" with a warning that an observance in the breach would attract a response such as the mobilization of all Nigerians to resist the new tariff, mass protest or picketing of all DISCOs nationwide, and a directive to all consumers to reject any bill with the new tariff.
In an
effort to reach an amicable resolution, the Nigeria Labour Congress reached out
to all the stakeholders in the sector including NERC, DISCOs, the Minister of
Power, and the National Assembly.
In spite
of the resolution of the National Assembly demanding a reversal and restraining
order by this same Federal High Court, Ikoyi, NERC and DISCOs went on to
enforce the tariff increase, prompting a nation-wide protest on February 8,
2016.
The
protest action was suspended following the intervention by the leadership of
the Senate which subsequently initiated a process of public hearing.
Comrade
AyubaWabba, mni.
President.
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