EKEDP Must Give Customers 3 days notice before Power Interruption – Court Declares

A High Court of Lagos State has declared that the Eko Electricity distribution Plc (EKDP) owes a legal duty to always give its customers a minimum of 3 working-day notice before taking or interrupting the 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).

The court made the above declaration in a judgment delivered today in a suit filed by a Lagos Lawyer,Mr. Bolaji Ramos against the EKDP.

Mr. Ramos had by an Originating Summons raised the following question for the determination of the court:

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.

2. 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. 

He prayed the court that if the questions were resolved in his favour, he should be granted the following reliefs:

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.

Delivering his judgment in the suit today, the court held that the Claimant’s claims succeeded in part and declared amongst others that:

the Defendant owes a legal duty to always give the Claimant and other customers 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). The court also declared  that any interruption of the Claimant’s and other customers’ 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).