Justice Mohammed Idris of the Federal High Court in Lagos yesterday
warned the Nigerian Electricity Regulatory Commission (NERC) and
Distribution Companies (Discos) against disobeying subsisting court
orders on electricity tariffs.
He said the NERC must not act in a way that whould show disdain for the court in a constitutional democracy.
Justice Idris said: “The point must be made that obedience to the rule of law by all citizens but more particularly those who publicly take the oath of office to protect and preserve the constitution is decideratum to good governance and respect for rule of law. In a constitutional democratic society like ours, this is meant to be the norm.
Justice Idris said: “The point must be made that obedience to the rule of law by all citizens but more particularly those who publicly take the oath of office to protect and preserve the constitution is decideratum to good governance and respect for rule of law. In a constitutional democratic society like ours, this is meant to be the norm.
“It is an act of apostasy for government to ignore the provisions of the law and the necessary rules meant to regulate matters.
“I must say it loud and clear that the government of this country shall be a government of laws and not of men.”
Protests by labour unions had trailed the new power tariff approved by the NERC.
“I must say it loud and clear that the government of this country shall be a government of laws and not of men.”
Protests by labour unions had trailed the new power tariff approved by the NERC.
An activist and lawyer, Toluwani Adebiyi, had last year filed a suit
seeking a perpetual injunction restraining the NERC from implementing
any upward review of electricity tariff without significant improvement
in power supply for at least 18 hours a day.
Justice Idris made an order directing the parties in the suit to maintain status quo.
Justice Idris made an order directing the parties in the suit to maintain status quo.
But, while the suit was pending, the NERC announced a hike in tariffs.
Yesterday, Adebiyi informed the court that he had initiated contempt proceedings against NERC chairman and the DISCOs’ Managing Directors for disobeying the court’s orders.
Yesterday, Adebiyi informed the court that he had initiated contempt proceedings against NERC chairman and the DISCOs’ Managing Directors for disobeying the court’s orders.
The lawyer prayed the court to commit the alleged contemnors to prison.
But NERC’s lawyer, Chief Anthony Idigbe (SAN), said he had filed an appeal against the order by Justice Idris.
He said he also had a pending application for stay of proceedings pending the determination of the appeal.
But NERC’s lawyer, Chief Anthony Idigbe (SAN), said he had filed an appeal against the order by Justice Idris.
He said he also had a pending application for stay of proceedings pending the determination of the appeal.
Adebiyi said the contempt charge should be heard first since NERC had undermined the court’s authority.
But Idigbe said the application for stay of proceedings should take precedence since an appeal had been lodged.
In his ruling, Justice Idris said after a careful examination of the records of court, there were a number of pending applications to be dispensed with.
But Idigbe said the application for stay of proceedings should take precedence since an appeal had been lodged.
In his ruling, Justice Idris said after a careful examination of the records of court, there were a number of pending applications to be dispensed with.
Among them was the Form 49 filed by the plaintiff and a motion for
leave to serve the purported contemnors through their counsel.
He said there was also an application by the second to 12th defendants to set aside the Form 49, as well as an application by NERC challenging the motion on notice for committal.
He said there was also an application by the second to 12th defendants to set aside the Form 49, as well as an application by NERC challenging the motion on notice for committal.
Also pending was an application to stay further proceedings pending the
hearing and determination of the appeal to the Court of Appeal against
the orders made on July 23, 2015.
Justice Idris said: “I understand it to be the law that contempt
proceedings are criminal in nature and should therefore ordinarily in
the context of our jurisprudence be first dealt with either by the court
trying the case when the alleged contempt took place or by another
court.
“The purpose of taking contempt proceedings first is to demonstrate to
the public that the court being a creation of the Constitution to decide
cases between all manners of litigants vide Section 6 of the
Constitution should protect its dignity and will neither allow a citizen
nor any other arms of government to brazenly do an act that will
diminish the powers duly invested by the Constitution and the common law
in the administration of justice.
“On the other hand, the basis upon which the contempt application is
premised, which is the order that parties maintain status quo
ante-bellum, is on appeal, and there is a motion for stay of proceedings
in this suit pending appeal.
“It is in the interest of justice, therefore, that this application to stay further proceedings be heard and determined.
“Until then, no further proceedings should go on. I will, therefore, take arguments on the application to stay further proceedings in this suit.”
Justice Idris adjourned till Friday for hearing of the application for stay of proceedings.“Until then, no further proceedings should go on. I will, therefore, take arguments on the application to stay further proceedings in this suit.”
Culled from Thisday
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