Kano Courts Halt Electricity Tariff Hike, Restrain Police from Arresting APC Executives

In a significant legal development, two separate High Courts in Kano have issued orders addressing critical issues affecting the state. A Federal High Court has halted the Nigerian Electricity Regulatory Commission's (NERC) planned electricity tariff increase, while another Kano High Court has restrained the Inspector General of Police from arresting All Progressive Congress (APC) ward executives in Dawakin Tofa Local Council.

The court's decision to halt the electricity tariff increase has significant implications for the livelihoods of Kano residents, who would have faced a substantial increase in their electricity bills. This development also highlights the ongoing struggle between regulatory bodies and consumers in Nigeria, with potential consequences for the country's energy sector.

On May 3, 2024, the Kano Division of the Federal High Court granted an interim order restraining NERC and the Kano Electricity Distribution Company (KEDCO) from implementing a new electricity tariff for Band A consumers in KEDCO's franchise area. The order, issued by Justice A. M. Liman, came in response to an ex parte motion filed by A. B. Mahmoud, SAN, representing six companies: Super Sack Company Limited, BBY Sacks Limited, Mama Sannu Industries Limited, Dala Foods Nigeria Limited, Tofa Textile Limited, and the Manufacturers Association of Nigeria Limited (MAN).

The court's ruling effectively halts the planned electricity tariff increase, which would have seen customers under the Band A classification, who receive 20 hours of electricity supply daily, pay N225 per kilowatt (kW), up from the previous rate of N66 per kW. The court also restrained the defendants from intimidating or threatening to disconnect the applicants' electricity supply for non-acceptance of the new tariff.

In a separate case, a Kano High Court granted an exparte order on May 2, 2024, warning the police not to invite, arrest, or harass APC ward officers at Ganduje Ward, Dawakin-Tofa local government area of Kano state. The order, issued by Justice Yusuf Ubale Muhammad, also restricts the APC National Working Committee (NWC), State Council of the party, and APC acting National Chairman, Dr. Abdullahi Umar Ganduje, from using security operatives to arrest or detain the Ganduje ward executives, pending the hearing and determination of the motion on notice.

The exparte motion was jointly filed by Jafar Adamu and 10 others, and Haladu Gwanjo and Laminu Sani Barguma-led factional ward officers, through their counsel, Shamsu Ubale Jibrin Esq. The applicants are seeking the protection of their fundamental human rights as guaranteed by the constitution. Justice Muhammad ordered, "An interim order of injunction is hereby granted restraining the respondents in the two consolidated suits, their officers, agents, privies or any other officer serving under them from inviting, arresting, harassing or detaining the applicants in respect of the subject matter of the suit, pending the hearing and determination of the motion on notice already filed." The court's decision to restrain the police from arresting the APC ward executives comes after the two factions of Ganduje ward had suspended the membership of their kinsman and national chairman of their party, Dr. Abdullahi Umar Ganduje, for alleged involvement in misappropriation of public funds and other criminal issues during his tenure as Governor of Kano. Ganduje claimed that the Kano state government was behind his controversial suspension, comparing it to a "flick from the popular entertainment channel, 'Africa Magic'."

Why this matters: These court orders mark significant developments in the ongoing legal battles surrounding electricity tariffs and political rivalries in Kano state. The Federal High Court's decision to halt the electricity tariff increase provides temporary relief to consumers, while the Kano High Court's ruling aims to protect the rights of APC ward executives amidst internal party conflicts. As both cases progress, the eyes of the nation will be on Kano, awaiting the final outcomes that could have far-reaching implications for the state and beyond.

Key Takeaways

• Federal High Court halts NERC's planned electricity tariff increase in Kano.
• New tariff would have seen Band A consumers pay N225/kW, up from N66/kW.
• Kano High Court restrains police from arresting APC ward executives in Dawakin Tofa.
• Executives were suspended by their party for alleged involvement in misappropriation of funds.
• Court orders provide temporary relief to consumers and protect executives' rights.