The South East zone of the Association of the Electricity Consumers of Nigeria (ECAN) has issued a stern warning against the ongoing attempts to mislead electricity customers in the Aba Ring-fenced Area (ARFA), located in Abia State, about their regular bill payments. The area spans nine out of the 17 local government areas (LGAs) in the state. To understand the gravity of this situation and its potential implications, it’s essential to delve into the key points and recent developments.

The Warning from ECAN

The ECAN zonal chairman, Engr. Joe Ubani, and secretary, Comrade Chris Okpara, released a statement on June 2023 from Owerri, Imo State. The statement highlighted that a few individuals are actively encouraging customers of Aba Power, the electricity provider for the nine LGAs, to stop paying their outstanding bills. This advice comes in the wake of the recent tariff review by the Nigeria Electricity Regulatory Commission (NERC).

The Legal Elements of the Controversy

Since January 2022, these “elements” have been urging customers not to pay their bills. But recent efforts have ramped up notably, with a controversial ex parte motion granted by a state high court in a rural community in Abia State. This ruling prohibits Aba Power from disconnecting debtors. Notably, the order involved no prior notice to Aba Power.

“Justice Enyinnaya Okezie of the Abia State High Court sitting in Isiala Ngwa granted the protesting group led by one Opigwe an ex parte motion against disconnecting debtor customers, meaning that Aba Power was not put on notice before the order was given.”

The Legal Evaluation: Responses and Repercussions

ECAN contends that though the emergency motion will most likely be vacated imminently, the legal experts are “surprised it was granted at all.” The electricity consumers’ organization has expressed skepticism, stating, “Nigerian legal experts are surprised that it was given at all.” and mentioning the possibility of reporting the matter to the National Judicial Council (NJC), which oversees the discipline of judicial officers.

Judicial Poor Practice

In their statement, ECAN highlights the alarming implications and criticizes the issuance of such restrictive orders.

The Electricity Consumers Association noted: “Such directives are given in extreme circumstances, but legal experts don’t see the emergency that could warrant the step by the court in Isiala Ngwa.”

The Jurisdiction Dilemma

ECAN has raised concerns over the propriety of a State High Court handling a case involving a federal agency like NERC, suggesting that it should be in the jurisdiction of the Federal High Court.

“Both the higher courts and the National Judicial Council (NJC) have warned on occasion against liberal granting of ex parte orders and have at different times taken punitive actions against judicial officers who gave them.”

The ripple Effects of Legal Warfare

The order has led to mixed reactions, but it’s clear ECAN thinks those behind it are wrong.

“By their nature, ex parte motions do not last beyond a few days, so the customers will soon be confronted with the reality of inevitable bill payment. They may not be able to pay their bills if they delay payment now. ‘Frankly, those advising them not to pay are actually their enemies because they are misleading the innocent customers.’”

The U.S. Parallels

While the situation in Nigeria is distinctive, there are some parallels in the United States. For example, in California, similar disputes have arisen regarding utility billing and tiered pricing. These issues often arise when regulatory bodies like the California Public Utilities Commission (CPUC) review tariffs, leading to customer backlash and legal battles. Just as in Nigeria, these disputes can result in both immediate adjustments to customer payments and long-term judicial interventions. The significance of such cases lies in the balance between ensuring fair pricing and maintaining utility service reliability- a lesson the U.S. could learn from these international cases.

The Countermove and Immediate Call to Action

The dispute can be compared with disputes in recent decades in New York City, where disagreements arose over expired electricity credits and potential disconnections, leading to similar legal stand-offs. Though these actions may have had broader societal effects, public dissatisfaction was mitigated successfully in New York via established regulatory and judicial processes.