Federal High Court Restrains Ikeja Electric and NERC from Implementing Tariff Increases

The Federal High Court in Lagos has issued an interim injunction restraining Ikeja Electric PLC and the Nigerian Electricity Regulatory Commission (NERC) from applying or enforcing the new tariff increases stipulated in the April 2024 Supplementary Order on Tariff Increase for “Band A” Feeders. This injunction follows a legal challenge by Rida National Plastics Limited, which contested the legality and implementation of the tariff changes.

On Tuesday, Justice Chukwujeku Aneke ruled that the tariff increases, as published by Ikeja Electric on April 4, 2024, and further detailed in the May 2024 Supplementary Order on Tariff Increase for “Band A” published on May 6, 2024, should not be applied. The court’s decision came after hearing an ex parte application from Rida National Plastics’ legal team, led by Dr. Kemi Pinheiro (SAN), with F. Giwa Esq and I. Aderibigbe Esq.

The court’s interim injunction will remain in effect pending full compliance by Ikeja Electric and NERC with Section 51 of the Electricity Act, 2023. This ruling also covers the period until the hearing and determination of the Motion on Notice for Interlocutory Injunction.

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

Justice Aneke further restrained the defendants from demanding a payment of N20 million from the plaintiff. This amount represents the balance allegedly due based on the disputed electricity bill dated May 4, 2024, calculated according to the April 2024 and May 2024 Supplementary Orders on Tariff Increase for “Band A” Feeders.

Additionally, the court’s order prevents Ikeja Electric and NERC from intimidating or threatening to disconnect Rida National Plastics’ electricity supply due to non-compliance with the contested tariff.

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