Legal Action Against NERC and AGF Regarding Electricity Tariff Increase and Classification

A petition has been filed by Festus Onifade, a customer of the Abuja Electricity Distribution Company, urging a Federal High Court in Abuja to intervene and prevent the Nigerian Electricity Regulatory Commission (NERC) from proceeding with the implementation of the multi-year tariff order 2024, which divides electricity consumers into Band A to E.

NERC raised the electricity tariff for customers with 20 hours of daily power supply on April 3, with Band A customers seeing an increase from N68 per kilowatt-hour to N255/KWh.

Following this, NERC directed the 11 Distribution Companies to reveal their lists of Band A customers who are eligible for a minimum of 20 hours of daily power supply.

In a lawsuit with the reference FHC/ABJ/CS/492/2024, Onifade, who is a lawyer, urged the court to halt the classification and tariff adjustment, claiming it violates his fundamental rights and the rights of other customers. He requested the court to deem it unconstitutional.

His demands include, among others, a cease on the policy of categorizing consumers into bands A, B, C, D, and E as it is discriminatory and against their rights.

Furthermore, he called for a permanent injunction against NERC, AEDC, and the Attorney-General of the Federation from enforcing the classification and tariff increase until the case is resolved.

In an affidavit, Onifade argued that the classification discriminates against customers living in less affluent areas by providing them with lesser power supply compared to those in upscale locations.

He emphasized that this classification results in unequal electricity distribution, with customers in different bands receiving varying hours of power supply.

The date for the hearing of the case is yet to be scheduled.