Posted on: 08:20 Tue, 01 Mar 2016



A Federal High Court in Lagos on Monday, dismissed a
contempt suit against the Nigerian Electricity Regulatory
Commission (NERC) over alleged disobedience of its order.

A Lawyer and Human Rights Activist, Mr Toluwani Adebiyi,
had filed the suit, challenging the hike in electricity tariff.

He had sought an order of court, committing NERC’s
Chairman and the Chief Executive Officers of the Distribution
Companies (Discos) to prison for allegedly flouting a
subsisting order of the court.

Justice Mohammed Idris had on May 28, 2015, directed NERC
to suspend all actions relating to any increment in electricity
tariff pending the determination of a suit filed by Adebiyi.

Adebiyi had argued that despite the subsisting order, NERC in
conjunction with the Electricity Distribution Companies
commenced the implementation of the new electricity tariff
on Feb.1, 2016.

He said the implementation of the new tariff by the
defendants indicated that the substantive suit meant nothing
to them.

Delivering his ruling on Monday, Justice Idris held that the
procedure for committing a party for contempt outside the
face of the court must be strictly adhered.

“Before a party can be committed for contempt it must be
shown that he is aware of the order or judgment because a
person cannot be said to be in contempt of an order he is not
aware of.

“The best way to notify the alleged contemnor of the pending
order or judgment is to serve him with the order personally.

“In the light of the law, it is clear in this case that the
purported service of form 49 without service of form 48 is
premature.

“In the circumstances, I hold that the defendant’s objection
have merit. The form 49 and the motion for order for
committal are hereby set aside,’’ he said
Idris held that he set aside the contempt proceeding due to
procedural irregularities.

“However, let me warn that where the disciplinary
jurisdiction of this court is properly invoked, anyone found to
have neglected the order of court will be dealt with.

“Those who intend to take the judicial system for a ride
should think twice and those who have done so should retrace
their steps.

“To be fore warned, is to be fore armed; this is the ruling of
the court,’’ he said
Idris then adjourned the case to March 15 for hearing.

The News Agency of Nigeria (NAN) recalls that Adebiyi, in the
substantive suit, is seeking an order restraining NERC from
implementing any upward review of electricity tariff without
a significant improvement in power supply.

He also wants an order restraining NERC from foisting
compulsory service charge on pre-paid meters, until the
meters are designed to read charges per second of
consumption. (NAN)