A legal practitioner, Festus Onifade, has urged the Minister of Power, Adebayo Adelabu, to halt the proposed electricity tariff review, warning that any adjustment could amount to contempt of court.
Onifade, in a letter dated March 6 and received at the minister’s office on the same day, emphasized the need to maintain the current electricity tariff pending the determination of a lawsuit before the Federal High Court.
He reminded the minister that the suit, filed in April 2024, challenges both the electricity tariff hike for Band A customers and the classification of consumers into different bands.
Adelabu had, on February 27, announced plans to review the current electricity tariff to correct disparities in billing. He pointed out that Band A customers, who receive about 20 hours of electricity daily, pay N209 per kilowatt-hour, while Band B customers, enjoying 17-18 hours of supply, pay N63 per kilowatt-hour. The minister described the sharp difference as unfair and called for a regularization of the tariff structure.
However, Onifade maintained that any move to adjust tariffs while the legal challenge remains unresolved would undermine judicial authority. He stressed that the court must first determine the legality of the existing tariff classification before any modification is introduced.
Onifade had filed the suit on behalf of himself and residents of high-brow areas in Abuja, including Maitama, Asokoro, and Aso Villa, who were placed in Band A and subjected to higher electricity rates. The lawsuit, marked FHC/ABJ/CS/492/2024, names the Nigerian Electricity Regulatory Commission, Abuja Electricity Distribution Company, and the Attorney General of the Federation as defendants.
The lawyer argued that the classification of consumers into bands was discriminatory, as customers in less privileged areas were placed in Bands B, C, D, and E, receiving significantly less electricity supply while paying lower tariffs. He further alleged that the tariff increase was implemented without proper consultation with some electricity distribution companies.
In his letter to the minister, Onifade cited previous legal precedents to support his demand for a status quo, asserting that altering a subject under litigation could be deemed contemptuous. “During the pendency of a suit, neither party is permitted to dispose of or encumber the subject matter in dispute,” he stated.
Justice Inyang Ekwo of the Federal High Court, Abuja, has scheduled March 17 for the hearing of the case. As the legal battle unfolds, Onifade has urged the minister to avoid actions that could disrupt the proceedings or cause harm to consumers.
He called on Adelabu to respect the rule of law by maintaining the current tariff structure until the court delivers its verdict, warning that failure to do so could amount to contempt and undermine the integrity of the judicial process.
NAN
