Justice Mohammed Idris of a Federal High Court in Lagos will on February 22, decide whether or not to stay further proceedings in a suit instituted by a lawyer, Toluwani Adebiyi against the Nigerian Electricity Regulatory Commission (NERC), over the recent hike in electricity tariff.
NERC had filed the application for stay of proceedings pending the hearing and determination of its appeal against two previous rulings delivered by the judge.
NERC is before the Lagos Division of the Court of Appeal to challege a preliminary order granted by Justice Idris barred the commission from implementing any upward review in electricity tariff pending the hearing and determination of the suit.
The other ruling being appeal against has to do with the dismissal of NERC's preliminary objections to the suit.
Wjile arguing the application for stay of proceedings yesterday, NERC's lawyer, Anthony Idigbe (SAN), informed the court that the appeals have been entered at the Appeal Court and as such, the lower court had no jurisdiction to entertain further proceedings in the matter.
Idigbe also submitted that genuine issues concerning the jurisdiction of the lower court to entertain the suit and that of fair hearing have been raised in the appeal.
The lawyer further contended that the issue of fair hearing was raised owing to the dismissal of NERC's preliminary objections to the suit on technical grounds by the court.
He therefore urged the court to stay further proceedings in the matter and allow the Appeal Court to decide the issues raised in the appeal.
In opposition, the plaintiff, Adebiyi, prayed the court to dismiss the application.
Adebiyi said, "the main purpose of the application is to stall the hearing of the contempt charge he filed to commit the NERC Chairman and the CEOs of the Distribution Companies(Discos) to prison for announcing the implementation of the new electricity tariff despite a subsisting court order".
The counsel accused NERC and the Discos of rendering the substantive suit meaningless by their actions.
After listening to the arguments of parties, Justice Idris adjourned till next week Monday for ruling on the application.
Adebiyi, in the substantive suit, is seeking an order restraining NERC from implementing any upward review of electricity tariff without a meaningful and significant improvement in power supply at least for 18 hours in a day in most communities in Nigeria.
He also wants an order restraining NERC from foisting compulsory service charge on pre-paid meters not until "the meters are designed to read charges per second of consumption and not a flat rate of service not rendered or power not used."
NERC had filed the application for stay of proceedings pending the hearing and determination of its appeal against two previous rulings delivered by the judge.
NERC is before the Lagos Division of the Court of Appeal to challege a preliminary order granted by Justice Idris barred the commission from implementing any upward review in electricity tariff pending the hearing and determination of the suit.
The other ruling being appeal against has to do with the dismissal of NERC's preliminary objections to the suit.
Wjile arguing the application for stay of proceedings yesterday, NERC's lawyer, Anthony Idigbe (SAN), informed the court that the appeals have been entered at the Appeal Court and as such, the lower court had no jurisdiction to entertain further proceedings in the matter.
Idigbe also submitted that genuine issues concerning the jurisdiction of the lower court to entertain the suit and that of fair hearing have been raised in the appeal.
The lawyer further contended that the issue of fair hearing was raised owing to the dismissal of NERC's preliminary objections to the suit on technical grounds by the court.
He therefore urged the court to stay further proceedings in the matter and allow the Appeal Court to decide the issues raised in the appeal.
In opposition, the plaintiff, Adebiyi, prayed the court to dismiss the application.
Adebiyi said, "the main purpose of the application is to stall the hearing of the contempt charge he filed to commit the NERC Chairman and the CEOs of the Distribution Companies(Discos) to prison for announcing the implementation of the new electricity tariff despite a subsisting court order".
The counsel accused NERC and the Discos of rendering the substantive suit meaningless by their actions.
After listening to the arguments of parties, Justice Idris adjourned till next week Monday for ruling on the application.
Adebiyi, in the substantive suit, is seeking an order restraining NERC from implementing any upward review of electricity tariff without a meaningful and significant improvement in power supply at least for 18 hours in a day in most communities in Nigeria.
He also wants an order restraining NERC from foisting compulsory service charge on pre-paid meters not until "the meters are designed to read charges per second of consumption and not a flat rate of service not rendered or power not used."
Source: All Africa News
