A federal high court sitting in Kano has granted an interim order restraining the National Electricity Regulatory Commission (NERC) from implementing a hike in electricity tariff for Band A customers in the state.
The court directed Kano Electricity Distribution Plc (KEDCO) to discontinue the implementation of the tariff increase from N76.54/Kwh to N225/Kwh.
Justice Abdullahi Muhammad Liman, who granted the order also directed NERC and KEDCO to stop taking any step, pending hearing and determination of a motion on notice filed by the applicants.
Justice Liman also restrained NERC and KEDCO from intimidating or threatening to disconnect the applicants from the electricity supply for non-acceptance of the April 2024 supplementary order pending a hearing in the substantive suit.
The court order followed hearing of a motion of exparte moved by the counsel for the applicants, Abubakar Balarabe Mahmud and Yahaya Isa Abdulkareem, supported by an affidavit sworn to by one Engineer Aliyu Jibrin Abdullahi.
The court order reads: “That the payment of the newly increased electricity tariff for “Band A” residents comprising of the Applicants is hereby suspended in the interim, pending the hearing and determination of the Motion on Notice filed along with this application.
That the Defendants/Respondents either by themselves, agents, servants or privies are restrained in the interim from Implementing or continuing to give effect to the April 2024 Supplementary Order to Multi-Year Tariff Order 2024 for Kano Electricity Distribution Plc (April 2024 Supplementary Order) published by the 1st Respondent as Order/NERC/2024/035 which reviewed the Allowed Tariff from N76.54/kwh to N225/kwh or dealing or taking any steps howsoever described with respect to the April 2024 Supplementary Order pending the hearing and determination of the Motion on Notice.
“That the Defendants/Respondents are restrained in the Interim from intimidation and threatening to disconnect the applicants’ electricity supply for non- acceptance of the April 2024 Supplementary Order pending the hearing and determination of the Motion on Notice.
“That the Interim Orders of Injunction issued by this Hon. Court is hereby directed to be published in any one National Daily with wide circulation in Nigeria.
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“That Motion for Interlocutory Injunction is hereby fixed for hearing on the 16/05/2024,” the court order however reads.
The applicants in the matter are Supper Sack Limited, BBY Sack Limited, Mama Sannu Industries Limited, Dala Food Nigeria Limited, Tofa Textile and Manufacturers Association of Nigeria (MAN) Co limited by guarantee.
The defendants or respondents include, The National Electricity Regulation Commission (NERC) and The Kano Electricity Distribution Company Plc. (KEDCO).