A group, the All Electricity Consumers Protection Forum (AECPF) has asked an Ikeja High Court to restrain Ikeja Electric (IE) and Eko Electricity Distribution Company (EKEDC) from disconnecting their customers without disconnection notice.
The group asked the court for an Order of Perpetual Injunction against the electricity Distribution Companies (Discos) in a suit filed on its behalf on Wednesday by its legal team led by Mr Charles Afolabi.
Joined in the suit as third defendant is the Lagos State Commissioner of Police, Mr Hakeem Odumosu.
The suit is supported by a 16-paragraph affidavit deposed to by Mr Adeola Samuel-Ilori, a lawyer and National Coordinator of AECPF.
The claimant argued that both Discos were in the habit of disconnecting electricity consumers without prior notice as provided by sections 5 (1) and (11) of the Nigerian Electricity Regulatory Commission’s (NERC) Connection and Disconnection Procedures for Electricity Services, 2007.
It argued that their acts also contravene Section 94 of the Electric Power Sector Reform (EPSR) Act, 2005.
According to the claimant, before electricity consumers can be disconnected, they must first have been issued with a disconnection notice by the first and second defendants.
The claimant said that the procedure was not being adhered to by the Discos.
“Many consumers have suffered greatly due to this unlawful act of the first and second defendant.
“At several times, this has resulted into the breakdown of law and order where lives and property were lost and this coupled with the hardship suffered by the first and second defendants’ consumers occasioned the intervention of the claimant.
“The claimant, through its officers, then approached the third defendant (Police) to report the illegal acts of the first and second defendants in order to protect lives and property and also nip the criminal act in the bud.
“The third defendant has refused/neglected to properly investigate and prosecute the criminal acts of the staff of the first and second defendants.
“The refusal of members of the third defendant to properly investigate and prosecute the illegal acts of staff of the first and second defendants despite series of petitions by the claimant is nothing but dereliction of duty by the third defendant.
“At times, members of the third defendant have claimed that cases of illegal disconnection reported by the claimant are civil in nature and not criminal,” it said.
The claimant asked the court for a declaration that the act disconnecting customers by the Discos without prior notices was unlawful and illegal and therefore a criminal act.
The group also asked for a declaration that the wilful refusal of the Police to properly investigate and prosecute the Discos following reports by customers amounts to dereliction of duty considering Section 4(1) of the Police Act, Cap P19, Laws of the Federation of Nigeria, 2004.
It demanded for an Order of Mandamus compelling the third defendant to properly investigate and prosecute all cases of illegal and unlawful disconnection by the first and second defendants reported to it by either the claimant or the entire citizenry.
The suit is yet to be assigned to any judge and no date has been fixed for hearing.
