A Federal High Court sitting in Lagos has dismissed an application seeking to stay proceedings in a suit over the increase in electricity tariff for lack of merit.
The application was dismissed on Monday with a cost of N10,000 awarded in favour of the plaintiff who is a Lagos based lawyer, Toluwani Yemi-Adebiyi.
Dismissing the application which was filed by the Nigerian Electricity Regulatory Commission (NERC), Justice Mohammed Idris said contrary to the claims of the commission, there was no indication that an appeal had been listed for hearing at the Appeal Court.
The NERC had in the application, asked the court to stay proceedings until its appeal against two previous rulings delivered by the judge was heard and determined by the Appeal Court.
In the two previous rulings, Justice Idris had barred NERC from implementing any upward review in electricity tariff pending the hearing and determination of the suit.
The plaintiff also urged the court to dismiss all objections to the contempt charge and commit the NERC Chairman and the CEOs of the Electricity Distribution Companies (DISCOs) to prison for desecrating the judiciary.
After listening to the arguments of both sides, Idris adjourned the trial till 29th February for ruling on the application challenging the contempt charge.
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But in the substantive suit the Yemi-Adebiyi is seeking an order restraining NERC from implementing any upward review of electricity tariff without a meaningful and significant improvement in power supply for not less than 18 hours a day in most communities in the country.
