Judgment
ABIMBOLA OSARUGUE OBASEKI-ADEJUMO, J.C.A. (Delivering the Leading Judgment) : This appeal is against the ruling of the Federal High Court, coram HON.
JUSTICE ADEGOKE delivered on 5th March, 2018, wherein the lower Court overruled the Appellants’ preliminary objection challenging the jurisdiction of the Federal High Court to entertain the claim over transactions outside Section 251 (1) of the 1999 Constitution (as amended) at the end of which the lower Court renewed orders mandating the Appellants to maintain status quo until the determination of the suit without affording Appellants the opportunity to be heard.
The background fact is that; the 1st–7th Respondents are customers of the 2nd Appellant, the distributor of electricity within the core area of Asaba. The 3rd Appellant (who is a servant of the 2nd Appellant) disconnected electricity supply from 2nd Appellant’s substation to all the Respondents. The Respondents were later reconnected to allow for some form of settlement, which meeting held on 3rd November, 2017.
The Respondents’ claim is that the 2nd Appellant issued outrageous and unjustifiable electricity bill of over N2,500,000 to the Respondents and on the same date, 3rd Appellant invaded the premises of the Respondents with a view to compelling the Respondents to pay the bill and threatened disconnection. The Respondents at the lower Court claimed the following reliefs; 1.
A DECLARATION that the outrageous and unjustifiable electricity bill of over N2,500,000.00 (Two Million, Five Hundred Naira) issued by the Defendants vide the Defendants letters dated November 30th, 2017 for the Claimants to pay in addition to the monthly electricity bills which the Claimants have been paying regularly to the Defendants is unlawful, illegal and amounts to extortion of money from the Claimants by the Defendants by way of double billing on the part of the Defendants. 2.
A DECLARATION that the Defendants’ act of arbitrary and indiscriminate disconnection of the Claimants from the 200VA, 33/0.415KV Substation on Monday, 23rd October, 2017 without any Notice of Disconnection issued by the Defendants and served on the Claimants stating the reason(s) for the said disconnection is unconstitutional, unlawful and constitutes a wanton violation of the Claimant’s contractual right to quiet and peaceable enjoyment of electricity power supply by the Defendants to the Claimants. 3.
