Lawyer Sues Minister Of Power, Adelabu
…Claims His Was Breached By Categorisation Of Electricity Consumers Into Bands
Kemisola Oye
A Lagos-based human rights lawyer, Mr Kabir Akingbolu has dragged the Minister of Power, Adebayo Adelabu and two others before a Federal High Court sitting in Lagos, over an alleged breach of his rights by categorising the electricity consumers into different classes.
He is praying the court for an order for the unification of electricity supply for all Nigerians.
He said that the Minister of Power and others allegedly infringed on his fundamental rights by discriminating against him.
Akingbolu, in the suit marked FHC/L/CS/750/2024 filed on 30 April 2024, is seeking a court order for, “A declaration that the categorisation of the applicant and other Nigerian Electricity consumers into different bands with different hours of electricity supply is wrongful, illegal and a breach of their right to freedom from discrimination.
Aside from Minister Adelabu, other respondents in the suit are the Nigeria Electricity Regulatory Commission (NERC) and the Ikeja Electricity Distribution Company (IKEDC) as second and third respondents respectively.
He also alleged that the respondents have breached his right by categorising electricity consumers into different classes, stating that it is against the Constitution of the Federal Republic of Nigeria to discriminate against any person.
The suit was sequel to the announcement by the third respondent (IKEDC) on 13 April 2024 to Lagos State residents, who are its customers, that it has increased the electricity tariff and has equally categorized the electricity supply to the consumers into Band ‘A, B, C, D and E’ Feeders.
It further stated that based on the classification or categorisation of electricity supply into different and varied bands, electricity will be supplied to the consumers differently based on the class of ‘Tariff Feeders Band’.
However, the human rights crusader is praying the court for, “A declaration that the categorization of the applicant and other Nigerians electricity consumers into different Bands with different hours of electricity supply is wrongful, illegal and a breach of his right to freedom from discrimination.
“An order of court directing the immediate and unconditional unification of electricity supply of the applicant with that of other electricity consumers by the respondents forthwith.”
In the suit, Akingbolu stated that the acts of the respondents violate the provision of Chapter IV, Section 42(1) and (2), of the 1999 Constitution of the Federal Republic of Nigeria (as amended).
He further said that the applicant before the introduction of classes and category of different Bands by the respondents used to enjoy electricity for between 12-15 hours daily.
In his 26 paragraphs affidavit in support of his application, Akingbolu averred, “That immediately the respondents introduced the various classes of Band Feeders, the respondent only supply two to four hours of electricity to the applicant, while other areas under Band A is being supplied about 20 hours of electricity or more.
“That due to the 2-4 hours of electricity supply to the applicant’s area by the respondents, the applicant has been subjected to serious hardship due to the scorching weather that has plagued the nation as a result of climate change ravaging the world.”
He further stated that his right to freedom from discrimination is in serious jeopardy concerning the discriminatory policy being implemented by the respondents.
He also averred that as a Nigerian and legal practitioner, he is under obligation to ensure that the provision of the law is observed and obeyed by the government agencies and organisations doing business in Nigeria.
The applicant therefore prayed the court to compel the respondents to reverse the categorization of electric consumers into different Bands, a policy that is discriminatory which is against the 1999 Constitution of the Federal Republic of Nigeria and Electricity Act 2023. The respondents are duty bound to comply with the law while stating that he is entitled to exemplary damages in the case even though it has not been specifically claimed.
Eighteen-Eleven Media
