In a suit marked FHC/L/CS/1051/2024, a Federal High Court sitting in Lagos has restrained Ikeja Electric Plc and the Nigerian Electricity Regulatory Commission (NERC) from applying, administering or implementing the purported tariff stipulated in the 2024 Supplementary Order on tariff increase on ‘Band A’ Feeders.
Rida National Plastics is the plaintiff/applicant while Ikeja Electric Plc and NERC are the 1st and 2nd defendants/respondent in the suit.
Justice Chukwujekwu Aneke in a ruling on Tuesday held that the tariff comprises those published by Ikeja Electric on April 4, 2024 and/May 2024 Supplementary Order on Tariff Increase on “Band A”, published on May 6, 2024 on a firm, Rida National Plastics Limited.
The judge made the interim injunction after hearing an ex parte application filed by Rida National Plastics’ lawyer, Dr. Kemi Pinheiro SAN.
He 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.
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 on the basis of 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.
The suit was adjourned till July 9, 2024 “for hearing of the motion on notice filed contemporaneously with the instant ex-parte application.”