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Wole Balogun, Ado Ekiti
Ekiti State Landlords’ Association has sued the Benin Electricity Distribution company (BEDC) for alleged over billing and illegal disconnection of electricity in the state.
In an originating summon filed at the Federal High Court sitting in Ado Ekiti, the landlords, under the auspices of Ado Ekiti Electricity Consumers’ Association, said the BEDC contravened the Electricity Reform Act, 2005, which recommended that all electricity consumers must be metered before two years of connection.
The suit was filed by the chairman of the body, Dr. Ibukun Ogundipe and four others. Joined in the suit are: the BEDC as first defendant and National Electricity Regulatory Commission (NERC) as second defendant.
The plaintiffs, through their lawyer, Isaac Omolade, prayed the court for an order of mandamus compelling NERC to revoke BEDC operational licence for flouting the regulations.
They prayed the court to determine, among other things, whether the BEDC going by the provision of sections 32, 80, 81, 82 and 96 were empowered to impose arbitrary charge without deferring to NERC.
The plaintiffs sought a perpetual injunction restraining the BEDC from disconnecting or imposing monthly payment more than N3,100 as contained in their prayers and deposition.
They also sought an order compelling BEDC to pay the association N1 million as general damages and another order compelling the distribution company to give prepaid meters to consumers.
They also said the court should nullify the arrears of electricity owed by landlords in Ekiti as soon as they are metered, saying the charges were arbitrary and not done in tandem with the law.
When the matter came up for mentioning, yesterday, the plaintiff’s lawyer said the defendants have been served with all papers and that he expected them to appear in court.
“My Lord, upon filing our suit in court on March 28, we served the defendants all relevant papers. We filed counter affidavits to their replies on May 3 .
“The constraint we have now is that their affidavits are hanging and they have not filed memoranda of appearance and all these will have effects on the proceedings.
“We plead your lordship to give us a date that will be communicated to them for definite hearing of this suit,” he said.
In his ruling, Justice Babs Olaniyi Kuewumi, said: “Going by the court’s records, what you have filed and served on the defendants are the originating summon and they must have right of reply.”
“This case is adjourned to June 26, for definite hearing and the defendants must be put on notice,” he said.
