COURTROOM NEWS 24/01/2024
Customer Drags AEDC To Court, Demands N50m In Damages
AN AGGRIEVED customer has dragged Abuja Electricity Distribution Company (AEDC) before a Lokoja High Court demanding N50 million in general damages over alleged wrong billing.
The claimant, Mr Ugochukwu Orakwue, a resident of Kogi, in an originating summon, filed before Justice Nicodemus Auwalu of High Court II, alleged that the AEDC deliberately refused to read his post-paid metre before billing him with outrageous estimated bills.
Orakwue prayed the court to issue an order restraining the defendant from further issuing him electricity bills based on estimation, but based on the actual reading of his post-paid meter.
He prayed the court to issue a declaration that the defendant’s act of issuing him electricity bills based on estimation instead of based on the actual meter reading of his post-paid electricity metre contravenes the NERC’s Regulations and therefore illegal, null and void.
“A declaration that all the electricity bills issued to the claimant by the AEDC based on estimation starting from the bill of 19th Oct. 19, 2015, being exercise or action founded on illegality are null, void and of no legal effect or consequence.
“A declaration that AEDC’s action of concealing the information of the claimant’s status as a metered customer by the wilful refusal to insert his metre number in his electricity bills contravenes the NERC’s regulation and therefore illegal, null and void.
“A declaration that the defendant’s act of disconnecting the claimant’s electricity supply for non-payment in less than ten (10) days of the bill date, without issuing a disconnection notice to the claimant even when the complaint filed by him against the bills remains unresolved and contravened the NERC’s regulations and therefore illegal, null and void.
“A declaration that the claimant is entitled to be refunded the sum of N25,000 and Three Thousand Naira (N3,000) reconnection fee coercively collected from him by the defendant on the July 28, 2023 before the reconnection of his electricity supply illegally or unlawfully disconnected by the defendant,” the plaintiff prayed.
He also prayed for an order compelling the defendant to refund to him the sum of N28,000 being the amount coercively collected from him by the defendant on the July 28, 2023 before the reconnection of his electricity supply.
He prayed for the payment of the sum of N30 million to him being exemplary/punitive damages for the defendant’s punishable conducts.
The claimant also prayed for the sum of N20 million being general damages ‘for the wrongs the ‘defendant caused the claimant.
When the case came up for hearing on Tuesday, the AEDC Counsel, Mr G.D. Dubai, told the court that the defendant was in discussion with the claimant to settle out of court.
“My Lord, we have commenced discussion with the claimant and most of the issues raised have been forwarded to the management at the headquarters in Abuja for approval.
“We shall be asking for a date to report back to your Lordship the outcome of our out-of-court settlement,” Dubai pleaded.
Orakwue, who has no counsel representing him, did not opposed the application but confirmed it as the true position of things. Justice Auwalu, then adjourned the case to Feb. 22 for report of settlement and/or continuation of hearing. (NAN)