Electricity, whether for domestic or industrial use is vital to the socio-economic and industrial development of any society. It is in view of this strategic role that electricity service in civilized clime is always made affordable and available to consumers with little or no interruptions.
Such an essential service is also properly regulated under the law to ensure efficient service delivery in addition to its affordability and availability.
Unfortunately, in Nigeria service delivery and availability of electricity supply leave much to be desired as more often than not, consumers are subjected to unmitigated nightmarish experience of incessant and sudden disconnections as well as endless black out without any explanation or apology from the Distribution companies (DISCOs).
The distribution of electricity supply here, is mainly regulated by the Electricity Power Sector Reform Act (EPSRA), Nigerian Electricity Regulatory Commission (NERC’s) Connection and Disconnection Procedures for Electricity Services, 2007
The position of the law on disconnection of power supply is that unless a distribution company gives a Written Notice of Disconnection to its customer in accordance with the NERC’s Connection and Disconnection Procedures for Electricity Services, 2007; any disconnection of the customer’s power supply is illegal. This has been adumbrated by the courts in a plethora of cases including Kargo v. Hussaini & Anor (2019) LPELR-47248(CA). Dennis Osawota v James Olayemi and Lamidi Obadaki (unreported)
Indeed, the law which is crystal clear provides among others that, the electricity of a customer can only be disconnected on grounds that: the customer has not paid the amount correctly billed as at the relevant payment date, and that before the disconnection:
The payment date is clearly shown on the bill and the disconnection date is at least 10 working days from the
date the bill was delivered. 5(1)(a) & (b)
There are no conflicting payment dates given to the same customer on two different occasions over the same supply. 5(1)(c)
The period between the payment date and the disconnection date is not less than 3 months. 5(1)(d)
There is a prior written warning of an impending disconnection for failure to pay by the customer. 5(1)(f).
Indeed, a distribution company does not have any right whatsoever to disconnect a customer’s electricity supply without notice particularly when such customer is not indebted to the DISCO. See the case of Jos Electricity Distribution Plc V. Barr. Dalat.
Even where the consumer is debted to the DISCO, the he is still entitled to the statutory notices and protections provided in sections 5(1)(d)(e) and (f) (supra)
It is therefore illegal for a Disco to barge into a customer’s premises to disconnect electricity supply without first giving a written notice to customer on the intention to disconnect his electricity even though the customer has unpaid or outstanding bills before the disconnection date.
The only exceptions to this rule. Are:
Where the Customer is connected to the Distribution Company’s network illegally — 6(a)
- where the Distribution Customer’s installation is dangerous to the health and or integrity of the network and /or the quality of supply to other Customers – 6(b)
- Again by virtue 6(c), electricity may equally be disconnected where a Customer’s meter in his premises is inaccessible to be read for a period of three consecutive bills.
However, the DISCO must also fulfil the following conditions before disconnection
(a) Inform the Customer via written notice or telephone the inaccessibility of the meter and request him to provide access arrangement and he fails to do so;
(b) Give the Customer a written warning that failure to provide access by a given date (which shall not be less than 10 working days, electricity supply to the Customer shall be disconnected
- Again, the electricity supply of a customer can be disconnected where the Customer refuses to provide a form of acceptable identification to the Distribution Company and/or refuses to pay the security deposit requested by the Distribution Company provided that
(i) The Distribution Company gives the Customer at least 10 working days’ notice in writing that the supply may be disconnected if he fails to provide the necessary form of identification and/or payment of the security deposit; and
- The Customer fails to provide the required form of identification and/or security deposit within the period stipulated in the notice of disconnection.
A customer may also of his own volition ask that his electricity supply be disconnected and with the consent of other customers (if any) in the premises, the Distribution Company can go ahead to disconnect but shall not bill the Customer for any period after the date on which the electricity supply to the premises should have been disconnected unless the request was canceled.
It is therefore very clear that before a disconnection can take place notice should be given as provided by law to the premises to be affected.
Unfortunately, DISCOs, popularly known as NEPA, more often than not violate with reckless abandon the relevant laws as they mostly come in commando style with their men and ladder to disconnect customers some of whom are not even indebted to the service providers.
When challenged by a particular customer, they always display crude and barbaric response by throwing the entire community into darkness.
This is unlawful and may land such DISCO liable to payment of aggravated damages to the victim. See Kargo v. Hussaini & Anor (supra) Dennis Osawota v James Olayemi and Lamidi Obadaki (supra).
Victims of unlawful disconnections have the right to seek redress in courts. Please feel free to consult your lawyer if you are subjected to illegal disconnection. DISCOs are under obligation and duty to operate within the law.
