It would be recalled that Justice Mohammed Idris of a Federal High Court in Lagos had on May 28, 2015, directed NERC to suspend all actions relating to any increment in electricity tariff pending the hearing and final determination of a suit. Despite the subsisting court’s order, NERC in conjunction with the Electricity Distribution Companies commenced the implementation of the new electricity tariff on February 1, 2016. Copies of Form 48, which is a notice of consequence of disobedience of the court’s order, have been served on the alleged contemnors. The application is expected to be heard on February 11 by Justice Idris. Toluwani Yemi Adebiyi, in the substantive suit, is seeking an order restraining NERC from implementing any upward review of electricity tariff without a meaningful and significant improvement in power supply at least for 18 hours in a day in most communities in Nigeria. He also wants an order restraining NERC from foisting compulsory service charge on pre-paid meters not until the meters are designed to read charges per second of consumption and not a flat rate of service not rendered or power not used. He also wants the service charge on pre-paid meters not to be enforced until there is visible efficient and reliable power supply like those of foreign countries where the idea of service charge was borrowed. Adebiyi is further asking for an order of court mandating the NERC to do the needful and generate more power to meet the electricity use of Nigerians, adding that the needful should include and not limited to a multiple long-term financing approach, sourced from the banks, capital market, insurance and other sectors of finance to power the sector. Finally, the lawyer is asking the court to mandate the NERC to make available to all Nigerians within a reasonable time of maximum of two years, prepaid meters as a way to stop the throat-cutting indiscriminate estimated bill and which must be devoid of the arbitrary service charge, but only chargeable on power consumed. In an affidavit in support of the suit personally deposed to by the applicant, the lawyer lamented that despite the motto and mission of NERC, which were expressly stated as “keeping the light on and to meet the needs of Nigeria for safe, adequate, reliable and affordable electricity,” most communities in Nigeria do not get more than 30 minutes if electricity supply. “Poor masses are paying an estimated and indiscriminate residential bills ranging from N5, 000 to N18, 000, spending an average of N15, 000 to N20, 000 for fuel to maintain generating sets. “Businesses have collapsed, industries have closed down, and residents cannot sleep comfortably at night due to inefficiency of our power industry. “Companies and commercial houses are groaning under throat-cutting power bill which they are paying for, yet not getting the benefit for such payment,” Adebiyi stated.]]>