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Court stops Ikeja Electric, NERC from Implementing new tariff

The Federal High Court in Lagos has prohibited Ikeja Electric PLC and the Nigerian Electricity Regulatory Commission (NERC) from enforcing, using, or implementing the tariff outlined in the April 2024 Supplementary Order on Tariff Increase for ‘Bank A’ Feeders.

In a ruling on Tuesday, the court stated that the tariff includes those released by Ikeja Electric on April 4, 2024, and/or the May 2024 Supplementary Order On Tariff Increase On “Band A” published on May 6, 2024, concerning Rida National Plastics Limited.

Justice Chukwujeku Aneke issued the temporary ban after considering an application submitted by Rida National Plastics’ attorney Kemi Pinheiro (SAN) along with F. Giwa Esq and I. Aderibigbe Esq.

The judge determined that the injunction remains valid until Ikeja Electric and NERC fully comply with Section 51 of the Electricity Act, 2023, and until the hearing and decision of the Motion on Notice for Interlocutory Injunction.

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

Justice Aneke also temporarily prohibited the 1st & 2nd defendants from demanding the payment of N20 million from the plaintiff, which represents the outstanding amount on the alleged electricity bill dated May 4, 2024, calculated according to 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.”

Furthermore, the interim injunction prevented Ikeja Electric and NERC from “intimidating and threatening to disconnect or actually disconnecting” Rida National Plastics’ electricity supply due to non-compliance with the claimed tariff.

The judge adjourned the case until July 9, 2024, for the hearing of the motion on notice filed at the same time as the current ex-parte application.

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