The Electric Power Sector Reform Act 2005 (EPSRA) is the primary legislation guiding the Nigerian power sector. The Nigerian Electricity Regulatory Commission (NERC), established by EPSRA, has the authority to create regulations for the Nigerian Electricity Supply Industry (NESI). One such regulation is the Connection and Disconnection Procedures 2007 (NERC Connection Regulations).
According to Section 5 of NERC Connection Regulations, a Distribution Company (Disco) is permitted to disconnect a customer only if the customer has not paid the correct amount billed for the supply address by the specified payment date. The section outlines prerequisites for disconnection, including a clear payment date on the bill, a minimum of 10 working days from bill delivery to the payment date, and a three-month period between the payment date and disconnection. Importantly, the Disco must verify from its records that the bill remains unpaid, provide a written warning to the customer before disconnection, and include details such as the warning date, supply address, and contact information for assistance with bill payment.
In Kalgo v Hussaini & Anor, (2019) LPELR-47248(CA), in that case, the 1st Respondent, accompanied by personnel of the 2nd Respondent, Kaduna Electricity Distribution Company PLC (Kadeco), disconnected the Appellant’s electricity supply from August 26 to August 29, 2016. The Appellant contested this action, asserting its illegality and violation of the Nigerian Electricity Regulatory Commission’s Regulations, 2007. The Appellant also claimed discrimination, alleging that the 1st Respondent disconnected their residence while leaving others connected, even those who hadn’t settled their August 2016 bills.
Despite the Appellant’s multiple correspondences to the Respondents, demanding compliance with the Nigerian Electricity Commission’s Regulations, 2007, and receiving no response, the Appellant sought judicial review through the Court below. The Appellant pursued declaratory reliefs, damages of ₦11,000,000.00 against the Respondents, and an Order of Mandamus compelling the 2nd Respondent to adhere strictly to Sections 5 & 9 of NERC’S Procedures & Rules, 2007. The Appellant’s contention was centered on being disconnected without the mandatory three-month pre-disconnection notice, contrary to the provisions of Section 5 (i) (d), (e) & (f) and Section 9 of the Nigerian Electricity Regulatory Commission’s Connection & Disconnection procedures for Electricity Services, 2007 (NERC Rules).
Justice Oziakpono JCA reversed the high court’s decision, disagreeing with its interpretation. Oziakpono JCA argued that having a debt or unpaid bills doesn’t automatically cancel the protection, specifically the notice, granted to the customer by Sections 5(1)(d)(e) and (f) of the NERC’s Connection and Disconnection Procedures for Electricity Services, 2007. Therefore, the disconnection was deemed illegal, and the appellant was granted damages.
In his words, the Justice held that: “The provisos no doubt carry a number of safeguards, which must be complied with before the Respondents could lawfully so to speak, go on a frenzy of disconnecting customers’ electricity supply to their homes. This Court has noted with clear disappointment that the production and distribution of Electricity supply in this Country has, for over time, fallen on evil days. A situation where the distributors of Electricity would brazenly flout the Regulations governing their activities in the midst of persistent and perennial epileptic supply of Electricity to homes and institutions is clearly unacceptable.“
Nevertheless, there are situations where a customer’s electricity can be cut off without prior notice. These include:
1. If a customer is illegally connected to the DisCo’s network, the company has the authority to disconnect the power supply without giving notice. (Have you done this before? Lol)
2. If a customer’s installation is considered hazardous to the DisCo’s network or could affect the quality of supply to other customers, it is justified to disconnect the electricity supply without prior warning.
3. Also if a consumer attempts to outsmart the DisCo by hiding his meter, the electricity supply could be disconnected. Section 6(3) specifies that if, due to the customer’s actions or omissions, a meter in the customer’s premises goes unread for three consecutive times, the respective DisCo has the authority to disconnect the power supply. However, there are conditions outlined in proviso of section 6. The DisCo can only proceed with disconnection after informing the customer about the meter’s inaccessibility through written notice or telephone contact. This notification should request the customer to arrange for meter access. Additionally, the regulation mandates the DisCo to issue a warning notice to the customer, stating that unless access is granted within a minimum of 10 working days, electricity will be disconnected.
Nevertheless, in a 2021 Court of Appeal of Kaduna Electricity Distribution Co PLC v Raji (2021) LPELR-58347(CA), that Court disturbed the settled principle of law by holding that notice is not needed before disconnection. The court per Affen JCA held that: “This provision of Section 9 of the NERC Rules seems to me quite plain: it does not require a distribution company (such as the Appellant) to give notice to its customers as a precondition for disconnecting electricity supply. The obligation to leave notice of disconnection arises when, and only when, the distribution company disconnects electricity supply, but not prior to disconnection as held, erroneously, by the lower Court”
For emphasis, section 9 states that whenever a distribution company disconnects electricity supply to a customer’s premises, the distribution company shall leave a written notice of disconnection advising the customer the following: (a) date and time of disconnection; (b) reason for disconnection; (c) action to be taken by the customer to have the electricity supply reconnected; and (d) contact address and telephone number of the distribution company.
It’s my opinion that the court erred in law. This is because section 9 only takes effect after the disconnection, not before. The headline of the section in the act reads: “Notice that electricity has been disconnected.“
As such, the principle of law still remains that notice must be given before disconnection can take effect.
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THELEGALSTANDPOINT 
Interesting!
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