By Abdulkareem Azeez

In this month’s edition, we shall be looking at the timeframe within which the complaint of a customer ought to be addressed by the Distribution Company. We shall review the position of the law regarding what mode of complaints is acceptable, the timeframe to address such complaints, and the implications of not addressing same.

To start with, a consumer of electricity might have reasons to complain regarding service delivery or the amount to be paid. Irrespective of the nature of the complaint, the position of the law is that such a complaint must be in WRITING. Section 3 sub 5 provides “All complaints must be lodged in WRITING with the customer complaints unit of the distribution licensee”. The effect of this provision is that ALL complaints you may have as a consumer must be reduced to WRITING and same be submitted to the customer complaint unit of the distribution company.

The next stage is, how long will it take the distribution company to address your concern? Subsection 8 provides “All complaints shall be resolved and the customer notified expeditiously but in any case within 15 working days of the written complaint being received by the customer compliant unit. Where additional time is required, however, for example, to test the accuracy of the meter, the customer must be notified within 15 working days until the complaint is resolved” the implication of this provision is that, irrespective of the complaint, the distribution company has 15 WORKING DAYS to address such complaint. However, where the distribution company requires additional time, they must within the first 15 working days inform the consumer that his or her complaint has been received but is not likely to be addressed within the legal timeframe.

What happens when a complaint in writing has been made and the distribution company has refused or failed to address the same within 15 working days? Section 10 sub-section 1, paragraph d of the Nigerian Electricity Regulatory Commission (NERC’s) Connection and Disconnection Procedures for Electricity Services, 2007 provides “A distribution company shall not disconnect a customer’s supply of electricity for non-payment…where…, the customer has made a written complaint concerning the unpaid bill in accordance with the customer complaints procedure and the complaints remained unresolved” the effect of this provision is that whilst the written complaints have not been resolved, the distribution company is prohibited from disconnecting the electricity supply of such customer. For more details, see O.S OLUBIYI V. ABUJA ELECTRICITY DISTRIBUTION COMPANY PLC (2020) 2, E.L.R Pages 112-138.

It is therefore imperative for consumers of electricity to understand the acceptable method of lodging complaints, the number of days within with such complaints should be treated and the position of the law for non-compliance.

Abdulkareem Azeez

Managing Partner

Firdaous Chamber

2348028953947, [email protected]