Court Sustains Order Against Electricity Tariff Hike - Thank God

A Federal High Court in Lagos on Thursday struck out a preliminary objection filed by the Nigerian Electricity Regulatory Commission (NERC) challenging a suit filed by a lawyer, Toluwani Yemi Adebiyi, against the proposed hike in electricity tariff across the country.

The court also struck out an application seeking to discharge an order of court restraining NERC in concert with electricity distribution companies from increasing electricity tariff pending the determination of the suit.

In his ruling, Justice Mohammed Idris, who first dealt with the preliminary objection, held that from the processes before him, the defendant (NERC) failed to comply with the mandatory provision of Order 29 Rule 4 of the Federal High Court Civil Procedure Rules to the effect that such objection must be filed within 21 days after service.

The judge disagreed with NERC’s counsel that the provision was discretionary, adding that the operating word “Shall” makes it mandatory for the court.

“The objection is incompetent and it is hereby struck out having been filed outside the 21 days stipulated by Order 29 Rule 4,” Justice Idris ruled.