By Jude-Ken Ojinnaka
A Federal High Court sitting in Lagos has granted the prayers of the Incorporated Trustees of Socio-Economic Rights and Accountability Project (SERAP – applicant) against the President of the Federal Republic of Nigeria (1st Respondent) and three others.
Other Respondents in the suit numbered FHC/L/CS/99/2023 are the Attorney General of the Federation; Nigerian Electricity Regulatory Commission and Nigeria Bulk Electricity Trading Plc as 2nd, 3rd and 4th Respondents respectively.
In a Motion Ex-parte dated and filed on March 8, 2023 before Justice Peter Lifu (JP), the applicant sought leave of the court to enable it seek an order of mandamus compelling the President of the Federal Republic of Nigeria (1st Respondent) to act on the prayers sought.
When the matter came up before the court, the presiding judge asked the applicant to move its application.
After the application was moved, the court held that “Upon reading through the said motion, its supporting affidavit of twenty -nine (29) paragraphs and seven (7) paragraphs verifying affidavit, deposed to by Adewale Akinyemi, a Nigerian, male, Christian and litigation assistant of 2B Oyetola Street, off Ajanaku Street, off Salvation Bus Stop, Opebi, Ikeja Lagos, with exhibits marked A1 – A9 attached thereto and written address signed by Adelanke Aremo, Esq., counsel to the applicant all filled at the Federal High Court Registry, Ikoyi Lagos on the 8th day of March 2023.
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The court after hearing A.Y. Aremo Esq., counsel to the applicant move in terms of the motion paper and having carefully considered the application and submission of counsel, ordered as follows:
“That leave is hereby granted to the applicant to enable the applicant seek an order of mandamus compelling the 1st Respondent to do the following:
- To direct the Minister of Power and the Chairman/CEO, Nigerian Electricity Regulatory Commission to immediately reverse the unlawful, unjust and unreasonable increase in electricity tariff which reportedly occurred in December 2022.
- To direct the Attorney General of the Federation and Minister of Justice and appropriate anti-corruption agencies to promptly and thoroughly investigate the spending of public funds as investments and bailouts by successive governments to electricity distribution companies (DisCos) and generating companies (GenCos) since 2005.
- To ensure the prosecution, as appropriate of anyone suspected to be responsible for misappropriation of investments and bailouts in the power sector, if there is sufficient admissible evidence, and any missing public funds should be traced and fully recovered.
” That leave is hereby granted to the applicant to enable the applicant seek an order of mandamus compelling the 3rd Respondent to immediately reverse the unlawful, unjust and unreasonable increase in electricity tariff, which reportedly occurred in December 2022.
“That the name Mr Abubakar Malami (SAN) is hereby deleted from prayer 1(b), line 2 as prayed.
“That this suit is herein adjourned to the 8th day of November 2023 for further proceedings.
These orders were issued at Lagos on October 24, 2023 under the Seal of the court and by the hand of the presiding judge, Justice Peter Lifu (JP).