By Abdulkareem Azeez

There are numerous cases of electricity consumers in Nigeria complaining about what they termed as “ILLEGAL DISCONNECTION” by the Distribution Company. In discussing this topic, we shall be making reference to sections of 5(1)(d)(e) and (f) of the Nigerian Electricity Regulatory Commission (NERC’s) Connection and Disconnection Procedures for Electricity Services, 2007 and 7(4) of the NERC’s Customer Complaints Handling: Standards and Procedures, 2006.

The above cited provisions provide a number of safeguards, which must be complied with before the any distribution company could lawfully or legally disconnect customers’ electricity supply. It is important to state that these provisions apply to all the licensed Electricity Distribution Companies in Nigeria.

The courts have noted with clear disappointment that the production and distribution of electricity supply in Nigeria 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.

In taking a closer scrutiny at sections 5 and 9 of NERC’s Connection and Disconnection Procedures for Electricity Services, 2007; it is glaring that non-compliance cannot warrant any distribution company to disconnect customer’s power supply.

A distribution company must issue a Written Notice of Disconnection to their customer as per section 9 of the NERC’s Connection and Disconnection Procedures for Electricity Services, 2007; without which any disconnect of customer’s power supply becomes illegal. See the case of Kalgo v. Hussaini & Anor (2019) LPELR-47248(CA).

There are three occasions where a Distribution Company may or can legally disconnect a Customer’s electricity without notice. The first is where the Customer is connected to the Distribution Company’s network ILLEGALLY. This is a case of illegal connection by electricity consumers wherein they connected to the national grid without meeting the required standards; fulfilling all the requirements or connection without permission or authorization. Where such anomaly or illegality is discovered, the distribution company is permitted under the law to disconnect such illegal consumer without notice.

Secondly, where the Distribution Company considers a Customer’s installation to be dangerous to the health and or integrity of the network and or the quality of supply of other customers. This simply presupposes a case where the public health, safety and quality of supply can be compromised or affected. In such a situation, permission is granted to the distribution company to protect lives, properties and ensure quality and standards of electricity. Disconnection in such circumstance is lawful.

Lastly, where the Distribution Company is unable to access the meter and read same, located in the premises of the Consumer for a period of three consecutive bills or months. However, the Distribution Company is expected to inform such customer via a written notice or telephone call of their inability to access the premises and request him/her to provide access arrangement. Where the consumer fails to make or provide such arrangement for easy access to the premises, a written warning of not less than 10 working days shall be issued to the customer. Upon the expiration of the 10 working days and the customer refuses or failed to make such arrangement, then the electricity supply of the customer shall be disconnected. The above scenario relates more to the working class customers residing in a fenced apartment with gate which makes it impossible for the agent or staff of the Distribution Company to access the premises for the purposes of reading the meter when the occupants are not at home. In such a case, it will be lawful to disconnect after THREE CONSECUTIVE MONTHS of inaccessibility and upon the issuance of a written warning not less than 10 working days to the consumer to provide or arrange access. These are three instances where it will be legally justified for the Distribution Company to disconnect the electricity supply of a consumer.

ABDULKAREEM AZEEZ LLB, LLM, BL. MANAGING PARTNER, FIRDAOUS CHAMBER, abdulkareemazeez20@gmail.com