A case has been filed by human rights lawyer, Mr. Babatunde Jinadu on alleged unlawful extortion of Nigerians by Ikeja Electric PLC.

The case at the Federal High Court (FHC/L/CS/476/26) presided over by Honorable Justice C. J. Aneke. It was brought pursuant to Order 3 Rule 6 of the Federal High Court Civil Procedure Rules 2019, Sections 6(6)(b) and 251(1) of the Constitution of the Federal Republic of Nigeria 1999 as amended), the Electric Power Sector Reform Act 2005, and the applicable Customer Protection Regulations issued by the Nigerian Electricity Regulatory Commission.

The Plaintiff seeks the determination of the following questions:

1. Whether having regard to the Electric Power Sector Reform Act and the regulatory framework governing electricity distribution in Nigeria, electricity debt is personal to the consumer who utilized the electricity and does not run with land nor attach to subsequent occupants of premises.
2. Whether the Defendant can lawfully resurrect dormant electricity debts allegedly incurred by previous occupants of premises and enforce payment of such debts against subsequent occupants who did not incur the electricity
   consumption giving rise to such debts.
3. Whether the Defendant can lawfully threaten or effect disconnection of electricity supply in order to compel payment of electricity debts from persons who were not responsible for the electricity consumption.
4. Whether the Defendant’s practice of reviving dormant electricity accounts and imposing such debts upon subsequent occupants of premises is lawful.
5. Whether the Plaintiff, having been compelled under threat of disconnection to pay the total sum of N1,287,032 in respect of electricity debts incurred by previous occupants of certain premises, is entitled to restitution of the said sum.

RELIEFS SOUGHT

If the above questions are answered in favour of the Plaintiff, the Plaintiff seeks claims to the following reliefs:

1. A Declaration that electricity debts are personal to the consumer who utilized the electricity and do not run with land and landed property nor attach to subsequent occupants of premises.
2. A Declaration that the Defendant cannot lawfully resurrect dormant electricity debts incurred by previous occupants of premises and enforce payment against persons who did not incur the electricity consumption.
3. A Declaration that the Defendant’s practice of threatening disconnection to compel payment of debts incurred by previous occupants is unlawful.
4. An Order directing the Defendant to refund to the Plaintiff the sum of N1,287,032.00 (One Million, Two Hundred and Eighty- Seven Thousand, Thirty-Two Naira) being monies extracted from the Plaintiff under threat of electricity disconnection.
5. An Order awarding #5,000,000 general damages for harassment, intimidation and inconvenience.
6. An Order awarding #10,000,000 exemplary damages for oppressive conduct.
7. Pre-judgment interest at 21% per annum on the sum of N1,287,032.
8. Post-judgment interest at 21% per annum until final liquidation.
9. An Order of perpetual injunction restraining the Defendant, its agents, servants or privies from demanding, collecting or enforcing payment of electricity debts allegedly incurred by
   previous occupants of premises against subsequent occupants who did not incur the electricity consumption, particularly where the Defendant failed to recover such debts from the original consumers within a period exceeding one year due to its negligence or complicity.
10. Such further order(s) as this Honourable Court may deem fit.
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