Pre-Paid Meters: SERAP Drags Osinbajo, Fashola To Court
Pre-Paid Meters: SERAP
Drags Osinbajo, Fashola To Court
The Socio-Economic
Rights and Accountability Project (SERAP) has sued the Federal Government and
the Minister of Power, Works and Housing Babatunde Fashola, SAN over their
collective failure, refusal and/or negligence to enforce their own directives
to electricity distribution companies (DISCOs) to provide free prepaid meters
to all Nigerians and end the use of patently illegal, arbitrary, unfair and
discriminatory estimated billing across the country.
The application with
suit number FHC/L/CS/906/17 was filed last Friday at the Federal High Court
Ikoyi. SERAP is arguing that, “By failing and/or neglecting to enforce his
directives to DISCOs, Mr Fashola is implicitly promoting the use of
unjustifiable estimated billing, and increasing consumer costs. The use of
estimated billing is marginalizing Nigerians living in extreme poverty,
disproportionately affecting women, children and the elderly, and increasing
their vulnerability to discrimination.”
SERAP also argues
that, “Mr Fashola’s constitutional and statutory responsibility is not just to
give directives to DISCOs to provide free prepaid meters to all Nigerians but
also to decisively enforce such directives and end the use of estimated
billing. Effective access to electricity includes metering of all consumers. It
is the responsibility of the Federal Government which has been assigned to Mr
Fashola, and he cannot shy away from it.”
SERAP further argues
that, “Unless the reliefs sought are granted, Mr Fashola and the Federal
Government will not perform their constitutional and statutory responsibilities
to enforce the directives to DISCOs to provide free prepaid meters to all
Nigerians. It is in the interest of justice to ensure strict enforcement of
directives, deadlines and regulations on provision of free pre-paid meters to
all Nigerians, and an end to estimated billing.”
The suit brought
pursuant to Order 34 of the Federal High Court Rules and the inherent
jurisdiction of the court, wassigned by SERAP deputy director Timothy Adewale.
The suit followed the organization’s request to Mr Fashola asking him to
“urgently enforce your directives and discharge your ministerial and statutory
duty to ensure completion of metering of unmetered customers and total
abolition of estimated billing in the country.”
The suit read in part:
“Access to regular electricity supply is a prerequisite for satisfying basic
human needs, improving living standards, maintaining good human health,
alleviating poverty and facilitating sustainable development. It’s unlawful for
DISCOs to disconnect electricity supplies on the basis of unpaid estimated
bills.”
“Obedience to the rule
of law by all citizens but more particularly those who publicly took oath of
office to protect and preserve the constitution is a desideratum to good
governance and respect for the rule of law. In a democratic society, this is
meant to be a norm; it is an apostasy for government to ignore the provisions
of the law and the necessary rules and directives made to regulate matters”.
“Electricity provides
a safe means of cooking (through electric stoves) and food preservation
(refrigeration). Electricity is therefore essential to agriculture and a
prerequisite for food security. Electricity can also be employed to realise the
human right to access clean water. Electric power operates pumps and sanitation
systems so that drinking water is within the safe physical reach of all
individuals and accessible by households, educational institutions and
workplaces.
“Excessive billing of
customers is arbitrary, unfair, unjust, unreasonable and exploitative of
millions of socially and economically vulnerable groups. The apparent failure
by Mr Fashola to exercise due diligence and effective regulatory oversight on
DISCOs to ensure full compliance with the directives to provide free pre-paid
meters to Nigerians has denied millions of customers regular and uninterrupted
access to electricity.
“For several years
after the country’s power sector was privatized, millions of Nigerian
households particularly the socially and economically vulnerable sectors of the
population continue to complain about outrageous bills for electricity not
consumed, and poor power supply from distribution companies.
“Mr Fashola has issued
several directives and deadlines by both his office and through the Nigerian
Electricity Regulatory Commission for distribution companies to provide free pre-paid
meters to all customers, but has failed, refused, and/or neglected to enforce
the said directives, and millions of electricity users across the country
remain unmetered.
“SERAP has a
complaints hotline 080CALLSERAP and that by virtue of this hotline, the
organization receives numerous complaints and petitions daily that electricity
consumers still get estimated bills and that DISCOs have refused to provide
free pre-paid meters to consumers as directed by Mr Fashola.
“SERAP by a letter
dated 22nd May, 2017, requested Mr Fashola to urgently enforce his directives
to DISCOs to provide free prepaid meters to all Nigerians and end the use of
patently illegal estimated billing. But since the receipt of the letter, and up
till the filing of this suit, Mr Fashola and the Federal Government have so far
failed, refused and/or neglected to enforce the said directives.”
SERAP is seeking
therefore seeking an order of the Court granting leave to the Applicant to
apply for Judicial Relief and to seek an Order of Mandamus directing and or
compelling the 2ndRespondent to enforce his directives to electricity
distribution companies to provide free prepaid meters to all Nigerians, and end
the use of patently illegal estimated billing.
It also sought for
such order or other orders as the Court may deem fit to make in the
circumstance.
No date has been fixed
for the hearing of the suit.
