A Federal High Court sitting in Lagos has struck out a lawsuit filed by the Manufacturers Association of Nigeria (MAN) challenging the implementation of the Band A electricity tariff review.
The case was brought against the Abuja Electricity Distribution Company (AEDC) and 11 other electricity distribution companies. According to a statement released by the Nigerian Electricity Regulatory Commission (NERC) on Thursday, the judgment was delivered on Monday.
The court ruled that MAN’s lawsuit was premature and amounted to an abuse of court process, failing to adhere to the provisions outlined in Section 51 of the Electricity Act 2023.
The court further held that MAN had not exhausted the dispute resolution mechanisms provided by law before resorting to litigation, thus failing to establish a reasonable cause of action.
As a result, the case was dismissed for lack of merit and non-compliance with due process.
Bizwatch recalls that the lawsuit stemmed from MAN’s dissatisfaction with a minor review of electricity tariffs carried out by NERC.
MAN had sought four reliefs in its suit, claiming that the proper procedure for tariff review as mandated by the Electricity Act was not followed when AEDC and other distribution companies applied for the review on July 31, 2023.
