By Femi Anamelechi
The South East zone of the Association of the Electricity Consumers of Nigeria (ECAN) has warned against the “ongoing attempt by a few persons to mislead electricity customers in the Aba Ring-fenced Area (ARFA) comprising nine of the 17 local government areas (LGAs) in Abia State over regular bill payment. Engr Joe Ubani and Comrade Chris Okpara, the ECAN zonal chairman and secretary, respectively, said in a statement today in Owerri, Imo State, that a handful of individuals are advising some customers of Aba Power, which provides electricity to the nine LGAs, not to pay their outstanding bills following the recent tariff review in the area by the Nigeria Electricity Regulatory Commission (NERC).
“Though these elements have since January been encouraging debtor customers not to pay, according to the ECAN leaders, “they increased the tempo of their activity since Tuesday when they furtively obtained an ex parte motion from a state high court in a rural community in Abia State restraining Aba Power from disconnecting recalcitrant customers owing the utility”.Justice Enyinnaya Okezie of the Abia State High Court sitting in Isiala Ngwa granted the protesting group led by one Opigwe an ex parte motion against disconnecting debtor customers, meaning that Aba Power was not put on notice before the order was given.
ECAN stated that though the interim motion will most likely be vacated within days, “Nigerian legal experts are surprised that it was given at all’. Hinting that the order may be reported to the National Judicial Council (NJC) which disciplines erring judicial officers, the Electricity Consumers Association noted: “Both the higher courts and the National Judicial Council (NJC) have warned on occasion against liberal granting of ex parte orders and have at different times taken punitive actions against judicial officers who gave them. “Such directives are given in extreme circumstances, but legal experts cannot see the emergency that could warrant the step by the court in Isiala Ngwa”.
ECAN also queried the propriety of a State High Court entertaining a case involving a federal agency like NERC when the Federal High Court which now exists in every state is statutorily empowered to handle such matters. It faulted those encouraging customers not to pay their bills now following the order because they “are in grave error. “By their nature, ex parte motions do not last beyond a few days, so the customers will soon be confronted with the reality of inevitable bill payment. They may not be able to pay their bills if they delay payment now. ‘Frankly, those advising them not to pay are actually their enemies because they are misleading the innocent customers”.
NERC increased the tariff for Band A customers, those who receive at least 20 hours of electricity daily, last April 4, but delayed that of Aba Power till January 1, 2025, even though Aba Power is the only electricity distribution company in Nigeria that has not received Federal Government subsidy since the privatization of the electricity business in the country in November 2013.The Minister of Power, Chief Adebayo Adelabu, has said that the Federal Government is studying the Geometric Power model with a view to replicating it in other parts of the country.
