RIGHTS OF ELECTRICITY CONSUMERS.

Many a times everyone begins to be in deep thought of how to deal with the harsh nature of the electricity bill being brought by the electricity company as the sum for the expenses incurred in the use of the power supply. The following are your rights as consumer of electricity in Nigeria and you have the power to sue the company base on these:

RIGHTS OF ELECTRICITY CONSUMERS.

1. All new electricity connections must be done strictly based on metering before connection. That is, no new customer should be connected by a DisCo without a meter first being installed at the premises.

2. All customers have a right to electricity supply in a safe and reliable manner.

3. All customers have a right to a properly installed and functional meter.

4. All customers have a right to properly informed and educated on the electricity service.

5. All customers have a right to transparent electricity billing.

6. All Un-metered customers should be issued with electricity bills strictly based on NERC’s estimated billing methodology.

7. It is the customer’s right to be notified in writing ahead of disconnection of electricity service by the DisCo serving the customer in line with NERC’s guidelines.

8. All customers have a right to refund when over billed.

9. All customers have a right to file complaints and to the prompt investigation of complaints.

10. All complaints on electricity supply and other billing issues are to be sent to the nearest business unit of the DisCo serving the customer.

11. If a complaint is not satisfactorily addressed, customers have a right to escalate the issue to the NERC Forum Office within the coverage area of the DisCo.

12. Customers have the right to appeal the decision of the NERC Forum Office by writing a petition to the Commission.

13. It is the customer’s right to contest any electricity bill.

14. Any un-metered customer who is disputing his or her estimated bill has the right not to pay the disputed bill, but pay only the last undisputed bill as the contested bill go through the dispute resolution process of NERC.

15. It is not the responsibility of electricity customer or community to buy, replace or repair electricity transformers, poles and related equipment used in the supply of electricity.

In the case of EVANGELIST ALFRED AMBE BASSEY v. POWER HOLDING COMPANY OF NIGERIA (PHCN) & Anor
CITATION: (2010) LPELR-CA/C/02/2009
KUMAI B. AKAAHS, J.C.A: I read the draft of the judgment of my learned brother, Ngwuta, JCA, and I agree with his reasoning and conclusion.

“The Power Holding Company of Nigeria (PHCN) successor of the former National Electric Power Authority (NEPA) is one of the public utilities that is supposed to perform optimally if this country is to develop economically. Its action or inaction has crippled many a business and has added to the level of unemployment being experienced throughout the country.

The burden placed on the defendants to establish that the plaintiff was owing on the bills was not discharged. It is difficult to know how a reconciliation of account can be made from such evidence. It is the duty of the trial Judge to arrive at a definite finding as to the plaintiff’s indebtedness and where this is not possible, the claim by the defendants ought to be dismissed. If the plaintiff had admitted his indebtedness but the actual amount could not be ascertained due to paucity of the evidence, an order of non-suit could be entered so as to give the defendants an opportunity to have another bite at the cherry. See YESUFU v A.C.B. (1976) 1 NMLR 83. As rightly pointed out by the learned trial judge, there is no evidence from the defendants to show that they reconciled their estimated bills with actual consumption for any of the plaintiff’s meters. The justification the PHCN can have to demand payment on the bills sent is when there is proper service delivery or actual reading of the electricity consumed. It will amount to extortion for PHCN to prepare bills based on estimated consumption and expect such bills to be settled by the consumers when they have not enjoyed their services by providing uninterrupted power supply. The time has come for the National Assembly to enact a law making it mandatory for PHCN to install pre-paid meters so that consumers can pay for the actual units of the electricity they use instead of the present unsatisfactory arrangement of billing by estimate.

I find merit in the appeal and it is hereby allowed. The order made by the learned trial Judge for reconciliation of account is a gratuitous donation which cannot stand. It is hereby set aside. I abide by the order made on costs in the leading judgment”

From the sound judgement above it is evident that an action can lie against PHCN if any of the rights stated above has been violated.
The problem is that consumers are disparate, unorganized and oftentimes powerless against the behemoth of operators. Because of this disadvantage, the interests of consumers lie only on the vigilance of the regulator. Where any of your rights have been violated, contact a Lawyer who shall represent your interest and establish a case. When the matter appears in court the responsibility of the judge is to hear petitions of aggrieved consumers and the public against the regulator and/or the operator. There is a well established body of rules and norms on how the judge should approach this responsibility. The bottom line here is that you can sue and take up an action for your right to be redressed.

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