Electricity Tariff: Minister Risks Contempt, Lawyer Warns

A legal practitioner, Festus Onifade, has urged the Minister of Power, Adebayo Adelabu, to maintain the current electricity tariff in the country to avoid contempt of court.

Adelabu had, on February 27, announced plans to review the current electricity tariff to address disparities in the current billing system.

The minister stated that under the current structure, customers in Band B enjoy 17-18 hours of electricity supply and N63 per kilowatt-hour, while those in Band A, with two hours more of supply, are charged N209 per kilowatt-hour.

“The migration to Band A should have been faster, but we found that DisCos refuse to invest. They have refused to invest in this sector,” Adelabu had said.

In a letter dated March 6, 2025, Onifade reminded the minister about a pending suit before the Federal High Court, challenging the electricity tariff hike for Band A customers and the classification of customers into bands in April 2024.

He urged Adelabu to halt the plan to increase tariffs, saying “We are writing to respectfully request that you direct the Ministry of Power and National Electricity Regulatory Commission which are directly under your supervision to maintain status quo on the current electricity tariff pending the hearing and determination of the ongoing matter in court.

“You will recall that we filed a suit FHC/ABJ/CS/492/2024 FESTUS SANMI ONIFADE VS. NIGERIA ELECTRICITY REGULATORY COMMISSION & 2 ORS challenging the Electricity tariff hike for Band A Customers and classification of Electricity Consumers into Bands in April, 2024. This suit is still pending before the Federal High Court, Abuja.

“The need to maintain status quo has become necessary, in other to preserve the integrity of the court, ensure adherence to the principle of rule of law and protect the right of parties, particularly the Consumers.

“This trite position of law has long been endorsed by our Courts in chains of judicial authorities like in VULCAN GASES LTD V. GESELLSCHAFT FÜR INDUSTRIES GASVERWERTUNG A.G. (2001) 9 NWLR (PT. 719) 610. Also, in OGUNBAMBI V. ABOWAB (1951) 13 WACA 222, where the Court held ‘that during the pendency of a suit, neither party is permitted to dispose of or encumber the subject matter in dispute. Such actions are considered contemptuous as they undermine the authority of the court and the administration of justice.

“We are confident that in view of the above, you will be guided to refrain from actions that can potentially disrupt parties’ position and cause an irreparable harm to consumers.

“I kindly urge you to consider this request and avoid being in contempt of the court and by maintaining the current tariff until the court’s verdict,” the letter read.

Onifade had, on April 16, 2024, filed the suit on behalf of himself and customers living within the high brown urban areas of Maitama, Asokoro and Aso villa, urging the court to halt the policy classifying them into Band A and increasing their electricity tariff.

The suit marked FHC/ABJ/CS/492/2024 has the Nigeria Electricity Regulatory Commission, Abuja Electricity Distribution Company and the Attorney-General of the Federation listed as 1st to 3rd defendants.

The plaintiff accused the NERC of classifying customers living in less privileged areas to hand B, C, D and E, thereby providing them with limited electricity supply, thereby breaching their rights to freedom from discrimination.

He also alleged that the policy and introduction of new tariffs were done without the knowledge of many distribution companies.

Onifade, therefore, urged the court to declare as unconstitutional the classification of customers into bands and the subsequent increase in tariffs.

The case is pending before Justice Inyang Edem Ekwo.

Electricity Tariff: Minister Risks Contempt, Lawyer Warns is first published on The Whistler Newspaper