The 45% increment in electricity tariff nationwide which was recently announced by the Nigerian Electricity Regulatory Commission (NERC) has been adjudged null and void by a Federal High Court in Lagos on Wednesday.

In a suit filed since 28^th of May, 2015 by a human rights lawyer, Mr. Toluwani Yemi Adebiyi, against NERC and DISCO companies, following announcement of proposed electricity tariff hike by the then Chairman of NERC, Dr. Sam Amadi.

Justice Mohammed Idris annulled the increment while delivering judgment in a suit described NERC’s action as procedurally ultra vires, irrational, irregular and illegal.

Justice Idris, while relying on Sections 31, 32 and 76 of the Electricity Power Sector Reform Act(EPSRA) 2005, in deciding the substantive suit held that, “NERC acted outside the powers conferred on it by the Act and failed to follow the prescribed procedure.

“NERC has not shown that it acted in due obedience to the prescribed procedures and that there is no evidence that NERC complied with Section 76(6)(7)and (9) of the EPSRA Act,” the judge said in his judgement.

“It is clear from the affidavit evidence that the increase in tarriff was done by NERC in defiance of the order of this court made on May 28, 2015 which directed parties in the case to maintain the status quo,” Justice Idris further said.

According to justice Idris, the tarriff increase from July 1, 2015 was done in breach of the ‘status quo’ order. Adding that NERC’s action, was clearly hasty, reckless and irresponsible

Justice Idris said, “This country is in a democracy where the rule of law shall prevail over impunity or whimsical desires. Anything to the contrary will be an invitation to anarchy. It is the law that what is done officially must be done in accordance to the law.

The judge declared that “the increment in electricity tariff which took effect after the institution of this action and while a restraining order is subsisting is hereby declared illegal and same is hereby set aside.

Justice Idris also awarded the sum of N50,000 in favour of the plaintiff and directed NERC to reverse to the status quo while restraining it from further increasing electricity tariff.