YOU CAN SUE POWER SUPPLY COMPANIES

DAPHNE AKPOTU

UNIVERSITY OF JOS

There are a lot of things that happen in this country that are pretty much borderline abnormal, but somehow, over the course of time and long-suffering, have been accepted as the “norm”. It’s almost as if we don’t try to fix the problem anymore.

Things that in saner climates would have caused justifiable civil outrages.

For instance, teachers physically assaulting children and calling it “discipline” is not normal. Filling stations withholding fuel for a plethora of illogical reasons is not normal. Overnight inflations whenever there’s a major socio-political issue (or what I like to call naija’s periodic mental breakdowns that happen almost every week), is not normal, no matter how many times market sellers use the ‘dollar don rise‘ excuse when we know America has nothing to do with crayfish.

How can anyone forget when Nigerian supermarkets started selling hand sanitisers originally worth 500 Naira for a whopping sum of ten thousand Naira during the pandemic, or how pos operatives started charging 6k for a 10k withdrawal during this cash scarcity?

I’m not making this stuff up. These are the so-called “customs” that have been accepted as the norm.

The thing about being Nigerian in Nigeria with all the sweltering nigerianism is that it’s in our nature to adapt to the bullshit (excuse my french).

I mean, we shouldn’t have to. It’s not like we don’t have rights or there isn’t an existing legal system that can help us get the justice we deserve.

You look at the blatant disregard of your fundamental human rights that the almighty law has bestowed on you, shuffle all of your options to proffer solutions to your grievances, but end up picking the one that saves you time and effort and the heart-twisting feeling of disappointment: adaptation.

The question is, are we supposed to be adapting in the first place?

Amongst other things that we’ve accepted as normal, the one that doesn’t sit right with me, especially now that it is over 39° degrees in Abuja, is the frequent power blackouts that has riddled this nation for generations.

The excuse is always that FG is not generating enough electrical power – but why?

In the middle of the night, no light.

While sitting at the edge of your living room sofa, waiting for Ebuka to announce a new big brother Naija winner, no light. Blending pepper for stew, no light.

Do you know that as a Nigerian citizen, you have the right to take legal actions against electricity companies if they fail to meet their contractual obligations?

The key term here is contractual obligations. Contractual obligations are those duties in which both parties are legally responsible for under a contract agreement.

This means that in rendering services that you have paid for, the service provider must, by law, perform their contractual duties, i.e giving you the precious light you paid for.

(Unlimted power supply is a contractual obligation for those who are unclear on what is normal and what isn’t, by the way.)

But I’ll be frank, the success rate in winning a case against an electrical company in a sole suit is quite slim. Incredibly thin, even. I will not deceive you. Your case could be pending in court for generations to come.

However, a class action, that is, you and the entirety of your neighbourhood can come together and file a class action where there is evidence of a contractual breach in the provision of services.

I presume it is more effective to garner justice in this context.

I recently read a post in which A legal Practitioner, Musa Abdullahi, sued the Abuja Electricity Distribution Company (AEDC), demanding a sum of N200 million compensation over allegations regarding poor power supply, and contended with valid issues such as, if ”customers of the Defendant are entitled to electricity service and supply in a safe and reliable manner” and ”if AEDC has defaulted in their service delivery to the Complainants and pray that the court gives an order for correction to see that AEDC start acting based on the Reform act of 2005 which they had gone against.”

In regarding this case, it’s reported that AEDC is offering an out of court settlement. That should tell you something.

Your right to sue electricity companies is protected by several Nigerian laws, including:

1. The Nigerian Electricity Regulatory Commission (NERC) Act

2. The Nigerian Consumer Protection Council (CPC) Act, and

3. The Nigerian Electricity Market Rules (NEMR).

Under the Nigerian Electricity Regulatory Commission (NERC) Act, electricity companies are required to provide reliable and affordable electricity services to Nigerian citizens. If an electricity company fails to deliver on this promise, you have the right to take legal action against them.

The NERC Act also requires electricity companies to provide accurate billing statements and to charge only for services that were actually provided.

The Nigerian Consumer Protection Council (CPC) Act also gives you the right to take legal action against electricity companies. This Act protects consumers from unfair practices and ensures they receive fair treatment from service providers. Under the CPC Act, electricity companies are required to provide customers with accurate information about the services they are providing, and to adhere to consumer protection regulations.

The Nigerian Electricity Market Rules (NEMR) also provide protection for consumers. This set of rules sets out the responsibilities of electricity companies and consumers and provides remedies for when these are not met. Under the NEMR, electricity companies are required to provide reliable and affordable services and adhere to consumer protection regulations.

If an electricity company fails to meet these requirements, you have the right to take legal action against them.

In addition to the legal statutes, there have been several court cases in Nigeria involving electricity companies. In the case of Obasi v. EEDC, the court held that the electricity company had breached its contractual obligations by failing to provide reliable services. The court ordered the company to pay damages to the consumer for the inconvenience caused. This case serves as an example of how Nigerian courts can protect consumers from the negligence of electricity companies.

However, I must add that some requirements must be fulfilled on your part to actually have a valid case to contend with.

Firstly, you should contact the company and explain the issue. If the company fails to respond or to address the issue, you can then contact the Nigerian Electricity Regulatory Commission (NERC). The NERC has the power to investigate complaints and can take action against electricity companies that are not adhering to the law. You can also contact the Consumer Protection Council (CPC) and the Nigerian Electricity Market Rules (NEMR) if you feel your rights have been violated.

Subsequently, and this is my favourite option, if all other avenues have been exhausted, you can take legal action against the electricity company. This requires filing a lawsuit in a court of law and presenting your case before a judge. It is important to note that this is a complex process and it is advisable to consult a lawyer before doing so.

or, you could just adapt.

As seen on : https://astoldbytheswan.wordpress.com/2023/03/15/you-know-you-can-sue-nepa-right/