Lagos Lawyer Drags EKDC to Court over Power Interruption without Notice

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A Lagos Lawyer Mr. Bolaji Ramos has sued the Eko Electricity distribution Plc (EKDC) for not complying with the mandatory obligations to give its customers a minimum of three (3) working-day notice before causing any planned power supply interruption.

The suit filed at the High Court of Lagos State, Igbosere with No. Temp/40954/2018 was brought by Originating Summons. The Applicant is asking the court to determine the following questions:

  1. Whether by the clear provisions of Regulation 4 of NERC’s Customer Service Standards of Performance for Distribution Companies 2007 made pursuant to Electric Power Sector Reform Act (No.6 of 2005), the Defendant is under mandatory obligations to give its customers a minimum of three (3) working-day notice before causing any planned power supply interruption.
  1. Whether by the unambiguous provision of Regulation 4 of NERC’s Customer Service Standards of Performance for Distribution Companies 2007 made pursuant to Electric Power Sector Reform Act (No.6 of 2005), the Defendant CAN interrupt its customers’ power supply other than for planned maintenance of its equipment, same which must still be preceded by a minimum of three (3) working-day notice to its customers. 

And if the court resolves the question in his favour, Mr. Ramos is seeking the following reliefs from the Honourable Court:

  1. A DECLARATION that the Defendant owes a legal duty to always give the Claimant a minimum of 3 working-day notice before taking or interrupting the Claimant’s power supply in line with NERC’s Customer Service Standards of Performance for Distribution Companies 2007, made pursuant to Electric Power Sector Reform Act (No.6 of 2005).

  2. A DECLARATION that any interruption of the Claimant’s electricity supply by the Defendant without a minimum of three (3) working-day prior notice is illegal, unlawful and in violation of NERC’s Customer Service Standards of Performance for Distribution Companies 2007, made pursuant to Electric Power Sector Reform Act (No.6 of 2005).

  3. A DECLARATION that the Defendant may only cause planned or deliberate interruption of the Claimant’s electricity supply only after giving a minimum of three (3) working-day prior notice of such interruption.
  4. A DECLARATION that the Defendant may only cause planned or deliberate interruption of the Claimant’s electricity supply only for the purpose of maintaining its equipment, and such interruption must be preceded by a minimum of three (3) working-day prior notice in line with NERC’s Customer Service Standards of Performance for Distribution Companies 2007, made pursuant to Electric Power Sector Reform Act (No.6 of 2005).

  5. AN ORDER OF PERPETUAL INJUNCTION restraining the Defendant, its privies, agents, and servants from engaging or indulging in any deliberate interruption of the Claimant’s electricity supply without a minimum of three (3) working-day prior notice of such interruption.
  6. AN ORDER OF PERPETUAL INJUNCTION restraining the Defendant, its privies, agents, and servants from interfering with, obstructing, interruption of and/or disturbing the enjoyment of the electricity supply of the Claimant, except for the purpose of maintenance of its equipment which must be preceded by a minimum of three (3) working-day prior notice.

In the fourteen paragraphs affidavit in support of the Originating Summons, Mr. Bolaji deposed amongst others that the Respondent is mandated to give him a three-day notice before engaging in any planned or deliberate interruption of his electricity supply or that of any other customer under the Customer Service Standards of Performance for Distribution Companies Regulation 2007.

The suit was filed on the 28th of November, 2018 and is yet to be assigned to a court.

We would continue to monitor the progress of the suit and provide our readers with update.


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