Power Play: Arthur Eze’s Company Defeats EEDC in Post-Paid Meter Case

The Enugu State High Court has issued an order restraining the Enugu Electricity Distribution Company (EEDC) from disconnecting power supply to Oranto Hotel & Tower Ltd. The ruling came after the hotel filed a motion ex-parte on February 27, 2025, against EEDC, the Enugu Electricity Regulatory Commission (EERC), and the Nigerian Electricity Regulatory Commission (NERC).

The dispute arose over EEDC’s refusal to provide a prepaid meter to the hotel, issues of estimated billing, and other related matters. The hotel’s motion was brought under Order 40, Rules 1 & 3 of the Enugu State High Court Rules, 2020. The application was supported by a four-paragraph affidavit verifying key facts and included exhibits related to the hotel’s requests for a prepaid meter. These documents included a request dated January 8, 2025, another similar request dated January 10, 2025, and a demand notice for payment of the prepaid meter dated February 21, 2025.

Chief G. Tagbo Ike (SAN), along with Favour Adams, represented the hotel in court. After hearing the arguments presented, Justice A. R. Ozoemena granted the hotel permission to seek judicial review. The court not only restrained EEDC from disconnecting the hotel’s electricity but also ordered the company to provide a prepaid meter immediately.

In his ruling, Justice Ozoemena made several key declarations. He stated that the hotel had the legal right to have its post-paid meter replaced with a prepaid meter within two working days upon request. He cited Regulation 16(1) and (2) of the Meter Asset Provider Regulations, 2018, which was issued by NERC. The judge also criticized EEDC’s insistence on post-paid metering, stating that it appeared to be a deliberate financial exploitation of the hotel, which regulatory bodies like NERC and EERC were established to prevent.

The court further issued a perpetual injunction restraining EEDC from disconnecting the hotel’s electricity supply based on charges from an unverified post-paid meter. Additionally, a mandatory injunction was granted compelling EEDC to replace the post-paid meter with a prepaid one. The court also directed EERC to ensure that EEDC complied with this order.

Another order required EERC to mediate and determine the hotel’s electricity bill from August 2024 to January 13, 2025. This suggests that the court wants an independent assessment of how much the hotel actually owes, rather than relying on EEDC’s billing.

This ruling represents a significant development in the ongoing disputes between electricity consumers and distribution companies over metering issues in Nigeria. Many consumers have long complained about the unfairness of estimated billing, which often results in higher charges. The court’s decision reinforces the right of consumers to request prepaid meters, which provide more transparency and control over electricity usage.

EEDC, NERC, and EERC are yet to publicly respond to the court’s ruling. However, the decision sets a precedent that could influence similar cases in the future, particularly in disputes between consumers and electricity distribution companies over metering and billing practices.