A Federal High Court in Kano has dismissed the motion seeking to halt the implementation of the April 2024 Supplementary Order regarding the Band A tariff increase.
It is worth noting that the Kano chapter of the Manufacturers Association of Nigeria (MAN), the Nigeria Association of Small-Scale Industrialists, Tofa Textiles Limited, Dala Foods Nig. Ltd., Mama Sannu Ind. Ltd., BBY Super Sack Ltd., and Super Sack Co. Ltd. had sought an injunction to prevent the Kano Electricity Distribution Plc (KEDCO) and the Nigerian Electricity Commission (NERC) from implementing the new tariff order in May 2024.
In his judgment, the presiding judge, Hon. Justice Simon A. Amobeda, ruled that the three questions raised in the plaintiffs’ originating summons—challenging the credibility, validity, and legality of the April 2024 Supplementary Order—were resolved in the negative and against the plaintiffs.
He further adjudged that, contrary to the plaintiffs’ arguments, the April 2024 Supplementary Order was validly issued in accordance with the Multi-Year Tariff Order (MYTO) 2024, following strict compliance with the provisions of Sections 116 (6), (7), (8), (9), and (10) of the Electricity Act.
Justice Amobeda also stated that the plaintiffs failed to provide any cogent, credible, and convincing evidence to demonstrate that Band A customers were treated less favorably than other categories; therefore, it is justifiable for Band A users to pay more, as they are entitled to a greater electricity supply per day.
He consequently dismissed the plaintiffs’ claims that the April 2024 Supplementary Order to the MYTO 2024 was discriminatory, unlawful, and unconstitutional.
A statement from KEDCO’s head of Corporate Communication, Sani Bala Sani, urged the Manufacturers Association of Nigeria and other concerned customers to seek a peaceful and amicable resolution to their differences with the company.
The distribution company appealed to all its customers for understanding as it operates under strict regulations and promised to remain customer-centric at all times.
It called for a round-table reconciliation with the aggrieved parties following its victory in court against them.
