The Federal High Court sitting in Enugu, presided over by Hon. Justice M.G. Umar, has dismissed a suit filed by the Enugu Electricity Distribution Company (EEDC) against the Southeast Electricity Consumers Association (SEECA), its national chairman Rev. Dr. Okechukwu Christopher Obioha, and others. The court ruled that the suit lacked merit and reaffirmed the constitutional rights of electricity consumers to form associations and advocate for improved services.
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EEDC had instituted the case under suit number FHC/EN/CS/107/2024, challenging SEECA’s authority to mobilize consumer action, including calls for non-payment of electricity bills and protest over issues such as epileptic power supply, arbitrary and excessive billing, and the lack of prepaid meters. The distribution company also sought declaratory reliefs and punitive damages in the sum of ₦5 billion, alleging interference in its operations and usurpation of the regulatory powers of the Nigerian Electricity Regulatory Commission (NERC).
In its originating summons filed on June 14, 2024, EEDC argued that SEECA lacked legal standing to issue directives to electricity consumers and claimed that the association’s activities constituted regulatory overreach.
However, in his ruling delivered on February 19, 2025, Justice Umar dismissed the claims in their entirety, affirming that SEECA’s activities fall within the ambit of constitutionally protected rights to freedom of association and expression under Section 40 of the 1999 Constitution (as amended).
“The advocacy for better electricity services by SEECA is not only legitimate but also for the common good. EEDC’s interpretation of such advocacy as unlawful interference is wholly misplaced,” Justice Umar stated.
The court also ruled that there was no evidence of regulatory functions being unlawfully delegated to SEECA by NERC, and found that EEDC failed to notify NERC of the association’s alleged conduct as required under Section 48(1) of the Electricity Act, 2023.
Justice Umar described the case as lacking in substance and dismissed it in its entirety without awarding costs.
Reacting to the judgment, one of SEECA’s lead counsel, Ozo Alex Amujiogu, described the ruling as “a locus classicus on electricity consumer rights,” adding that it sets a vital precedent for civil engagement in utility service delivery.
SEECA’s national chairman, Rev. Dr. Okechukwu Christopher Obioha, JP, hailed the court’s decision as a landmark victory. “Indeed, a Daniel has come to judgment. This ruling reaffirms the voice of the people in demanding fair treatment and quality service,” he said.
SEECA’s legal team was led by Sir Ejike C. Ezenwa, SAN, and included Mazi Jonas Udensi, Esq., and Frank Obiakọr, Esq., all of whom contributed significantly to the legal battle.
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