Arbitrary Billing: Court Hears Lafia Residents’ Suit Against AEDC, NERC July 13

A case filed by some Lafia residents against Abuja Electricity Distribution Company (AEDC) and Nigerian Electricity Regulatory Commission (NERC) for failing to provide electricity for at least 20 hours per day as required for Band A consumers and for NERC refusal to sanction them over this obvious inconsistency has been set for hearing on July 13, 2023, in Nasarawa State High Court 5, Lafia.

The plaintiffs in the lawsuit with the file number NSD/LF41/2023 requested a ruling that their migration from Band D to Band A tariff without corresponding services is unacceptable, unlawful, and wrong.

They also requested an order declaring null and void AEDC’s arbitrary electricity billing, which does not reflect actual power consumption and is in violation of NERC methodology for estimated consumption.

The plaintiffs also sought for an order from court restraining AEDC, their agents or servants or any other persons from further billing of their houses until after determination of the substantive suit.

The plaintiffs further sought for an order directing AEDC to revert forthwith their band tariff A to tariff Band D unless AEDC supplies their house or premises with electricity in accordance with the hours on band A tariff.

They also sought for court order to cancel their outstanding debt reflecting on the monthly bills purportedly owed to AEDC for not supplying electricity to their houses or premises.

The plaintiffs also sought for an order directing the second defender NERC to sanction AEDC for billing them in violation of NERC methodology for estimated billing as contained in regulation 2012.

They further sought for order restraining AEDC or their agents, servants or any other person from disconnecting their houses from the national grid until the determination of the substantive case.

The plaintiffs also sought for an order directing AEDC to forthwith install pre-paid meters to their houses free of charge.

In a statement of claim, the plaintiffs averred that some years ago, AEDC  connected their houses to the national grid without meters and placed their houses on tariff and they continued to pay based on estimated billing.

The plaintiffs also averred that before the implementation of service reflective tariff (SRT) AEDC used to bill them based on the five classes of tariff. But with the implementation of service reflective tariff in September 2020, AEDC identified five bands and grouped its feeders/customers according to services times based average daily hours of electricity supply to each feeder/customer.

They further averred that with implementation of service reflective tariff, they are supposed to pay based on how long they receive electricity daily commensurate with the quality of service offered.

The plaintiffs went on to argue that service reflective tariffs are the tariffs approved by Nigeria Electricity Regulatory Commission which is based on the duration of supply.

They said that sometime in 2022, AEDC placed them on band D tariff but in the month of June-July 2022, AEDC swapped or changed them from band D to tariff band A with resultant consequences of hike in tariff.

They also claimed that since June 2022, till date they are still on band A and have been paying for band A tariff without enjoying corresponding services or commensurable services.

The plaintiffs also averred that despite the migration to band A tariff they hardly get power supply for an hour per day let alone to enjoy 20 hours per day as stipulated in the new tariff regime.

They averred that by placing them on band A tariff they are entitled to enjoy power supply uninterrupted for 20 hours and above in a day.

They said the NERC circular dated 21/12/2015 issued to AEDC electricity consumers/ plaintiffs stated that they would only pay for what they consume from month to month.

The plaintiffs also averred that as unmetered customers they are not to be charged tariff more than their metered neighbours based on the method of “Party with neighbor policy.”

They averred that the estimated billing of their houses without commensurable services is mischievous, exploitative and uncalled for and therefore submitted that lack of regular power supply in accordance with the new tariff regime has caused them to suffer psychological trauma, embarrassment, financial stress and losses.