The High Court of Abia State, presided over by Hon. Justice Enyinnaya Okezie, has issued an interim order restraining Aba Power Limited Electric (APLE) and Geometric Power Limited from disconnecting electricity supply to consumers within the Aba Ring-Fenced Area (ARFA). This order remains in effect pending the determination of a substantive motion scheduled for March 19, 2025.
The legal action, filed under Suit No: HIN/05/2025, was initiated by Comrade Ike Opigwe, Comrade Ojukwu Imo, and Comrade Leonard Onyemesiri. Representing themselves and the Incorporated Trustees of the Aba Electricity Consumers Forum (AECF), the claimants sought judicial intervention following a significant increase in electricity tariffs implemented by APLE.
Background of the Tariff Increase
On January 1, 2025, APLE implemented a tariff hike exceeding 50%, following approval from the Nigerian Electricity Regulatory Commission (NERC). The new rates saw Band A customers’ charges rise from N99 per kilowatt-hour (kWh) to between N219.70 and N241.45 per kWh. Similarly, Band B customers experienced increases to between N180.77 and N203 per kWh, while Band C customers faced charges ranging from N145 to N205 per kWh.
APLE justified the tariff adjustment by citing challenging macroeconomic conditions affecting operational costs. In a public statement, the company explained that the adjustment was necessary to cushion the effects of recent economic developments and to maintain high-quality service delivery in compliance with regulatory standards.
Also Read: Abia Moves to Integrate Umuahia into Aba Power Network
Consumer Reactions and Legal Action
The substantial tariff increase led to widespread protests and dissatisfaction among consumers in the ARFA. Many residents reported receiving electricity bills for January ranging between N50,000 and N120,000, amounts they deemed exorbitant and unsustainable. In response to the public outcry, the AECF, alongside other stakeholders, initiated legal proceedings to challenge the tariff hike and prevent potential disconnections due to non-payment.
Court’s Interim Orders
In response to the motion ex-parte presented by the claimants’ counsel, Chief Larry C. Iroka, the court issued several key orders:
- Substituted Service: The court granted permission for the claimants to serve the writ of summons, motion on notice, and all other court processes on the defendants through substituted means. Specifically, service to APLE and Geometric Power is to be effected by delivering the documents to their Chief Commercial Officer at their Osisioma office in Abia State. NERC is to be served via registered post or courier at its Abuja head office.
- Interim Injunction: The court restrained APLE and Geometric Power, along with their agents or representatives, from disconnecting the claimants’ residential and business premises within the ARFA, which encompasses nine local government areas, including Isiala Ngwa North. This injunction remains in effect until the substantive motion on notice is heard and determined.
- Service Timeline: The claimants are directed to serve the court order, writ of summons, and motion on notice to all defendants within five days. Failure to do so will result in the interim injunction lapsing.
Implications for Stakeholders
This judicial intervention offers temporary relief to electricity consumers in Aba and its environs, who have been grappling with the financial burden of the recent tariff increase. The upcoming court proceedings will be pivotal in determining the legality of the tariff hike and the obligations of the electricity providers toward their consumers.
As the March 19 hearing approaches, all parties involved—including APLE, Geometric Power, NERC, and the affected consumers—are advised to prepare for a comprehensive legal examination of the issues at hand. The outcome of this case could set a significant precedent for electricity tariff regulations and consumer rights in Nigeria.
Follow the SouthEast Reporters channel on WhatsApp: https://whatsapp.com/channel/0029Vaeq4Y76GcG759UKw00Y
Good one from Aba Consumers