Ensuring Fairness in Electricity Disconnection: Legal Frameworks and Consumer Rights in Nigeria’s Electricity Services.
By Abdulrasheed Mubarak
Introduction
The electricity services law, particularly regarding consumer rights and notice of disconnection, is a critical area of focus in Nigeria. Despite clear legal provisions, many electricity distribution companies (commonly referred to as “NEPA people“) continue to disconnect consumers without proper notification, thereby violating the law. This article delves into the legal framework governing electricity disconnection in Nigeria, highlighting consumer rights and the legal obligations of distribution companies, with references to relevant legislation and a recent court case that underscores these issues.
Definition of Electricity Disconnection
Electricity disconnection refers to the enforced termination or interruption of electricity supply to a consumer’s premises by an electricity distribution company. This action is typically initiated due to non-payment of electricity bills or failure to comply with regulatory requirements, such as those stipulated by the Nigeria Electricity Regulatory Commission (NERC) Connection and Disconnection Procedures for Electricity Services, 2007. Disconnection processes are governed by specific legal guidelines that mandate the distribution companies to provide adequate notice to consumers before executing such actions.
Legal Framework for Electricity Disconnection
The rights of electricity consumers in Nigeria are well articulated in the Nigeria Electricity Regulatory Commission (NERC) Connection and Disconnection Procedures for Electricity Services, 2007. Section 5 of these regulations explicitly states the conditions under which a distribution company may disconnect a consumer’s electricity supply for non-payment of bills. Key provisions include:
- Payment Date Clarity: The bill must clearly show the payment date.
- Notice Period: The payment date must be at least 10 working days from the date of bill delivery, and the period between the payment date and disconnection must not be less than three months.
- Written Warning: The distribution company must issue a written warning to the consumer, indicating the potential disconnection and providing contact details for payment assistance.
Violation of these provisions constitutes an offence, punishable under Section 94 of the Electric Power Sector Reform (EPSR) Act 2005, which mandates imprisonment for offenders.
Case Study: Dennis Osawota v. James Olayemi and Lamidi Obadaki (unreported).
A recent case in Lokoja, Kogi State, exemplifies the enforcement of these regulations. Mr. Dennis Osawota, a retired management staff of the National Inland Waterways Authority (NIWA), sued Mr. James Olayemi, a marketing officer, and Mr. Lamidi Obadaki, the regional manager of the distribution company, for unlawfully disconnecting his electricity supply without the mandated notice. The Chief Magistrate ruled in favor of Mr. Osawota, emphasizing the violation of Sections 5 and 11 of the NERC procedures and the EPSR Act 2005.
Consumer Rights and Remedies
Electricity consumers in Nigeria are entitled to specific rights concerning disconnection for non-payment. As stipulated by the NERC Connection and Disconnection Procedures, consumers must receive a written notice three months prior to any disconnection. Failure to adhere to these procedures by the distribution company is not only a regulatory breach but also a punishable offence.
Consumers whose electricity is disconnected without proper notice can seek redress in court. The court can award penalties to the consumer and impose imprisonment on the offending staff of the distribution company.
Conclusion
Understanding and enforcing the legal provisions related to electricity disconnection are essential for protecting consumer rights in Nigeria. Distribution companies must comply with the notice requirements before disconnecting services, and consumers should be aware of their rights and the legal avenues available to them in case of unlawful disconnection. This research underscores the significance of adherence to regulatory frameworks in safeguarding consumer interests and ensuring equitable access to electricity services across Nigeria.
References
– Nigeria Electricity Regulatory Commission (NERC), Connection and Disconnection Procedures for Electricity Services, 2007.
– Electric Power Sector Reform (EPSR) Act 2005.
– Case Law: Dennis Osawota v. James Olayemi and Lamidi Obadaki, Chief Magistrate Court, Lokoja, Kogi State.
About the author
Abdulrasheed Mubarak, known as Mubarak focus, is a driven and outstanding final year law student at Bayero University, Kano.
He is an award-winning content writer, student leader, community builder, serial volunteer, SDGs Ambassador and Advocate, with over two years of experience in human and community development, Mubarak has coordinated and volunteered in more than 20 community services.
He has received numerous honor, recognition, awards, attended over 10 local and international conferences and holds over 50 certifications.
Mubarak’s interests include Islamic law, intellectual property law, family law, real estate, and alternative dispute resolution. he enjoys traveling, networking, reading, writing, research, and intellectual discussions.
He can be reached via 08100919322 or mubarakfocus99@gmail.com.
