A Judge In Lagos Has Giving An Order That ,There Shouldn't Be Hike In Electricity Tariff

Justice Mohammed Idris of the Federal High Court in
Lagos on Monday renewed the order barring the
Nigerian Electricity Regulatory Commission (NERC) from
increasing electricity tariff.

He said the order that parties maintain status quo ante
bellum subsists.

“The order that the parties in this suit should maintain
the status quo ante bellum remains valid and binding
until it is set aside by a court of competent jurisdiction,”
Justice Idris held.

He spoke while delivering ruling on a contempt
proceedings initiated by activist-lawyer, Toluwani
Adebiyi, against NERC chairman and Chief Executives of
Distribution Companies (DISCOs).
Justice Idris first made the order last May, but while the
suit was pending, NERC announced the tariff hike.
NERC’s lawyer, Chief Anthony Idigbe (SAN), and others
said they were not personally served with the Form 48
(notice of consequence of disobedience of court order).

Ruling, Justice Idris agreed with the respondents and
held that Adebiyi issued Form 49 (a formal application
for committal to prison of a person who refuses to obey
an order) without properly serving the alleged
contemnors with the Form 48.
He said: “It is clear, in this case, that the purported
issuance of the Form 49 on the defendants by the
plaintiff without prior and proper service of the Form 48
is premature.

“The issuance of Form 49 when the court is yet to hear
and determine the application of the plaintiff for leave to
serve Form 48 is also inappropriate.

“In the circumstances, I hold that the defendants’
objections have merit. The Form 49 and the motion for
order for committal issued by the plaintiff against the
defendants are hereby set aside. The court has set aside
the contempt application due to fundamental procedural
irregularities.”
Justice Idris, however, said NERC and the DISCOs are
still liable to be held in contempt should they continue to
violate the order.