Socio-Economic
Rights and Accountability Project (SERAP) has sued the Federal
Government and the Minister of Power, Works and Housing Babatunde
Fashola, SAN over “their collective failure, refusal and/or
negligence toenforce their own directives to electricity distribution
companies (DISCOs) to provide free prepaid meters to all Nigerians
and end the use of patently illegal, arbitrary, unfair and
discriminatory estimated billing across the country.”
The
application with
suit number FHC/L/CS/906/17 was filed
last Friday at the Federal High Court Ikoyi. SERAP is arguing
that, “By
failing and/or neglecting to enforce his directives to DISCOs, Mr
Fashola is implicitly
promoting the use of unjustifiable estimated billing, and increasing
consumer costs. The use of estimated billing is marginalizing
Nigerians living in extreme poverty, disproportionately affecting
women, children and the elderly, and increasing their vulnerability
to discrimination.”
SERAP
also argues that, “Mr Fashola’s constitutional and statutory
responsibility is not just to give directives to DISCOs to provide
free prepaid meters to all Nigerians but also to decisively enforce
such directives and end the use of estimated billing. Effective
access to electricity includes metering of all consumers. It is the
responsibility of the Federal Government which has been assigned to
Mr Fashola, and he cannot shy away from it.”
SERAP
further argued that, “Unless the reliefs sought are granted, Mr
Fashola and the Federal Government will not perform their
constitutional and statutory responsibilities to enforce the
directives to DISCOs to provide free prepaid meters to all
Nigerians. It
is in the interest of justice to ensure strict enforcement of
directives, deadlines and regulations on provision of free pre-paid
meters to all Nigerians, and an end to estimated billing.”
The
suit brought
pursuant to Order
34 of the Federal High Court Rules and the inherent jurisdiction of
the court, wassigned
by SERAP deputy director Timothy Adewale. The
suit followed the organization’s request to Mr Fashola asking him
to “urgently enforce your directives and discharge your
ministerial and statutory duty to ensure completion of metering
of unmetered customers and total abolition of estimated billing in
the country.”
The
suit read in part: “Access to regular electricity supply is a
prerequisite for satisfying basic human needs, improving living
standards, maintaining good human health, alleviating poverty and
facilitating sustainable development. It’s
unlawful for DISCOs to disconnect electricity supplies on the basis
of unpaid estimated bills.”
“Obedience
to the rule of law by all citizens but more particularly those who
publicly took oath of office to protect and preserve the constitution
is a desideratum to
good governance and respect for the rule of law. In a democratic
society, this is meant to be a norm; it is an apostasy for government
to ignore the provisions of the law and the necessary rules and
directives made to regulate matters”.
“Electricity
provides a safe means of cooking (through electric stoves) and food
preservation (refrigeration). Electricity is therefore essential to
agriculture and a prerequisite for food security. Electricity can
also be employed to realise the human right to access clean water.
Electric power operates pumps and sanitation systems so that drinking
water is within the safe physical reach of all individuals and
accessible by households, educational institutions and workplaces.”
“Excessive
billing of customers is arbitrary, unfair, unjust, unreasonable and
exploitative of millions of socially and economically vulnerable
groups. The apparent failure by Mr Fashola to exercise due diligence
and effective regulatory oversight on DISCOs to ensure full
compliance with the directives to provide free pre-paid meters to
Nigerians has denied millions of customers regular and uninterrupted
access to electricity.”
“For
several years after the country’s power sector was privatized,
millions of Nigerian households particularly the socially and
economically vulnerable sectors of the population continue to
complain about outrageous bills for electricity not consumed, and
poor power supply from distribution companies.”
“Mr
Fashola has issued several directives and deadlines by both his
office and through the Nigerian Electricity Regulatory Commission for
distribution companies to provide free pre-paid meters to all
customers, but has failed, refused, and/or neglected to enforce the
said directives, and millions of electricity users across the country
remain unmetered.”
“SERAP
has a complaints hotline 080CALLSERAP and that by virtue of this
hotline, the organization receives numerous complaints and petitions
daily that electricity consumers still get estimated bills and that
DISCOs have refused to provide free pre-paid meters to consumers as
directed by Mr Fashola.”
“SERAP
by a letter dated 22nd May,
2017, requested Mr Fashola to urgently enforce his directives to
DISCOs to provide free prepaid meters to all Nigerians and end the
use of patently illegal estimated billing. But since the receipt
of the letter, and up till the filing of this suit, Mr Fashola and
the Federal Government have so far failed, refused and/or neglected
to enforce the said directives.”
SERAP
is seeking the following reliefs:
1. AN
ORDER of
this Honorable Court granting leave to the Applicant to apply for
Judicial Relief and to seek an Order of Mandamus directing and or
compelling the 2nd Respondent
to enforce
his directives to electricity distribution companies to provide free
prepaid meters to all Nigerians, and end the use of patently illegal
estimated billing.
- AND for such order or other orders as this Honourable Court may deem fit to make in the circumstance.
No
date has been fixed for the hearing of the suit.
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