EXISTENCE OF A DEBT OR UNPAID BILLS DOES NOT EXTINGUISH THE PROTECTION ACCORDED TO CUSTOMERS. | Olajide Akinola Abiodun, Esq. (Master of the Rolls)

 

The existence of a debt or unpaid bills per se does not extinguish the protection accorded to customer by virtue of sections of 5(1)(d)(e) and (f) of the Nigerian Electricity Regulatory Commission (NERC’s) Connection and Disconnection Procedures for Electricity Services, 2007 and 7(4) of the NERC’s Customer Complaints Handling: Standards and Procedures, 2006; as it carries a number of safeguards, which must be complied with before the any distribution company could lawfully so to speak, go on a frenzy of disconnecting customers’ electricity supply to their homes.

The courts have noted with clear disappointment that the production and distribution of electricity supply in Nigeria has, for over time fallen on evil days.

A situation where the distributors of electricity would brazenly flout the regulations governing their activities in the midst of persistent and perennial epileptic supply of electricity to homes and institutions is clearly unacceptable.

In taking a closer scrutiny at sections 5 and 9 of NERC’s Connection and Disconnection Procedures for Electricity Services, 2007; it is glaring that non-compliance cannot warrant any distribution company to disconnect customer’s power supply.

A distribution company must issue a Written Notice of Disconnection to their customer as per section 9 of the NERC’s Connection and Disconnection Procedures for Electricity Services, 2007; without which any disconnect of customer’s power supply becomes illegal. 

See the case of Kalgo v. Hussaini & Anor (2019) LPELR-47248(CA).