By Innocent Anaba

Lagos—The  Nigerian Electricity Regulatory Commission, NERC, has asked a Federal High Court sitting in Lagos, to  discharge the ex-parte order restraining it from implementing the new electricity tariff scheduled to take effect from June 1.

Mr Tonbofa Ashimi, the counsel to the commission, informed the court that he had filed the application to discharge the ex-parte order, including a preliminary objection challenging the substantive suit.

Justice Mohammed Idris had given the order in a ruling on an ex-parte application filed by a Lagos lawyer, Mr Toluwani Adebiyi.

Idris had restrained the NERC and the electricity distribution companies from effecting any increment in electricity tariff pending the hearing and determination of the suit.

At the resumed hearing of the case, yesterday, Ashimi told the court that NERC had filed an application seeking to discharge the exparte order.

“We also filed a preliminary objection challenging the suit in its entirety.”

Responding, the plaintiff’s lawyer, Adebiyi told the court that he needed more time to reply to the application on points of law.

The however, adjourned sitting to July 21 for hearing of all pending applications.

At the last adjournment on June 11, NERC had not employed a lawyer.

Adebiyi had at the sitting urged the court to renew the order to preserve the subject matter of the suit.

“My Lord, everybody is affected. Even this court is running on generator. There is a need to stop NERC from increasing the electricity tariff because Nigerians cannot afford such and there is no justification for such increment,” he said.

Idris had in a short ruling held that “the ex-parte order remains valid and subsisting.”