The Federal High Court in Lagos Thursday renewed the restraining order stopping the Nigerian Electricity Regulatory Commission (NERC) from increasing electricity tariff.
Justice Mohammed Idris renewed the order after striking out NERC’s preliminary objection and application to nullify the order.
Activist-lawyer Toluwani Adebiyi is seeking a perpetual injunction restraining NERC from implementing any upward review of electricity tariff without significant improvement in power supply for at least 18 hours a day.
The judge struck out NERC’s objection to the suit because it did not comply with Order 29 (Rule 4) of the court’s Civil Procedure Rules.
The rule states that any preliminary objection to an originating summons must be filed within 21 days after being served with a suit. The judge said NERC’s lawyer did not comply with this rule.
According to him, the Rules use the word “shall”, which connotes a command, making compliance imperative and mandatory.
The judge said by his records, NERC’s objection was filed outside the 21 days prescribed by the rules.
“In the circumstances, I hold that the preliminary objection was filed in breach of the rules of court…The objection filed is therefore in my view incompetent and is hereby struck out,” the judge held.
“Both applications – the preliminary objection and motion to set aside – are all hereby declared incompetent and are hereby struck out.
“The order of court maintaining status quo remains until further order is made,” the judge held.
Adebiyi hailed the judge for the ruling, saying he did justice to all Nigerians who have been exploited and have been forced to pay exorbitant electricity bills for power not consumed.
“I will continue to be proud of this court my Lord, because this is National Victory Stage One over electricity terrorism and exploitation,” he said.
The court had restrained NERC from implementing the new tariff which was to take effect from June 1.
Justice Idris barred the respondents, including electricity distribution companies, from effecting any increment in electricity tariff until the suit is heard and determined.
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