The Lagos-Itire/Ijesha community ofsurulere area of Lagos State has onmonday argued in defence of its suit filed against EKO electricity distribution company, Nigerian Electricity Regulatory Commission (NERC) and the Attorney General of the Federation (AGF) for arbitrary post paid electricity charges.
When the matter scheduled for adoption of written address was called in suit number FHC/L/1996/14, counsel to the first defendant Barr A. A Francis raised preliminary objections urging the court to strike- out the application against the defendant after adopting her written address and sworn affidavit in support of his arguments.
Meanwhile, in the separate objections counsels to the second defendant NERC, Barr Michael Abiiba and to the third defendant - AGF, Barr Chinyere Ibenene again asked the court to strike out the entire suit or alternatively strike out their names for not disclosing a reasonable cause of action against them for not been proper parties.
The third defendant (AGF) argued further that the suit can be completely determined without him as a party.
Responding to the objections, Barr Marcus Eyarhono held that the first defendant- Eko electricity distribution company is established pursuant to the Electric Power Sector Reform Act, Cap. E7 laws of the federation of Nigeria 2004 and is therefore answerable in the suit on all the claims as such, the cause of action bothers on its operations and services to the plaintiffs.
He opposed the claims of the second defendant (NERC) that it is an agency of the federal government of Nigeria charged with the responsibility of regulating the operations of the first defendant and can as well be validly sued as a proper party in the suit.
On the submissions of the third defendant, Oyarhono responded that AGF is the Chief Law Officer of the federal government of Nigeria and principal officer of NERC; he added that the plaintiff's suit bothers partly on the Electric Power Sector Reform Act, an Act of the national assembly thereby making him a proper party sufficient to be sued and corrected the third defendants' (AGF) erroneous impression that only necessary parties can be made parties in a suit, stating the case of Green Vs Green where appex court classified parties to proper, desirable and necessary parties.
The applicants Olufemi Okuyemi, Mrs Junaid Fatimat, Abdulrasheed Jimba, Haruna Ogunyomi, Azeem Owe, Ajia Ifeoma and Segun Shonubi for themselves and the entire community approached the court seeking for an order of injunction restraining the first defendant from further negligence in computing the electricity bills of the plaintiffs.
They also want the court to halt the first defendant from disconnecting the plaintiffs from electric power supply within the period it would comply with the orders of the Honourable Court as stated in the plaintiffs’ relief. Again, the plaintiffs wants the court to order the defendants to stop from rendering to them any service whatsoever, in breach of the provisions of the Electric Power Sector Reform Act.
Justice Saliu Saidu after listening to the agreement form both side adjourned the matter to May 21, 2016 for ruling.