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Court Suspends New Band A Tariff by Ikeja Electric and NERC

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A Lagos High Court has restrained Ikeja Electric PLC and the Nigerian Electricity Regulatory Commission (NERC) from enforcing, implementing, or applying the tariff specified in the April 2024 Supplementary Order on Tariff Increase for ‘Band A’ Feeders.

In a ruling on Tuesday, the court determined that the tariff includes those published by Ikeja Electric on April 4, 2024, as well as the May 2024 Supplementary Order on Tariff Increase for “Band A,” issued on May 6, 2024, concerning the company Rida National Plastics Limited.

Justice Chukwujeku Aneke made the interim injunction after hearing an ex parte application filed by Rida National Plastics’ lawyer Kemi Pinheiro (SAN), ruling 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 while Ikeja Electric PLC and NERC are the 1st and 2nd defendants in the suit marked FHC/L/CS/1051/2024.

Justice Aneke also issued a temporary order preventing the 1st and 2nd defendants from demanding the payment of N20 million from the plaintiff. This amount represents the balance due on the disputed electricity bill dated May 4, 2024, which was calculated based on the April 2024 Supplementary Order on Tariff Increase for “Band A” Feeders and/or the May 2024 Supplementary Order on Tariff Increase for “Band A.”

Additionally, the interim injunction prohibited Ikeja Electric and NERC from intimidating, threatening to disconnect, or actually disconnecting Rida National Plastics’ electricity supply for not complying with the disputed tariff.

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

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