An Oyo State High Court sitting in Ibadan has dismissed an application filed by Ibadan Electricity Distribution Company Plc (IBEDC) for violating the guiding rules of electricity by issuing arbitrary estimated billings to a customer.
In its Judgment of 13th March, 2020, the Court directed IBEDC to pay the sum N2 million as damages to one of its customers, Mr. Ekun Lateef Ayinde, over wrong billing.
Justice Ezekiel Oyeyemi Ajayi had held that IBEDC wrongly issued an estimated billing of N7,000 to the claimant in December 2016, and also disconnected the electricity supply to his apartment without any justifiable cause. The Judgment reads:
”A declaration is granted that the defendant negligently issued an estimated billing on the claimants for December 2016 stating a wrong account number and thereby causing the claimant to pay the sum of N7,000.00 (seven thousand naira) into a wrong account and the defendant has refused to refund the said sum.”
“A declaration is granted that the defendant wrongfully and arbitrarily disconnected the electric power connection of the claimant’s apartment and carted away the connecting cables without any justifiable cause.
“An order is granted directing the defendant to pay the sum of N7,000(seven thousand naira) to the claimant being the money paid into Account no. 11/20/33/1483-01 wrongfully supplied as the claimant’s account number by the defendant.
“An order is granted directing the defendant to restore the claimant’s apartment with electric power by reconnecting the carted-away cables.”
“An Order is granted directing the Defendant to provide the claimant’s apartment with a pre-paid meter upon the reconnection of the claimant’s apartment”
“General Damages in the sum of N2,000,000 (Two Million Naira) is granted in favour of the claimant but against the defendant,” the court had ruled.
Not satisfied with the judgment, IBEDC filed an appeal and also sought a Stay of Execution, but the Court refused the application as lacking in merit.
The matter is currently pending at the Court of Appeal, but a hearing date has not been fixed.
In an interview with InsideOyo.com, A. M. Pade-Aderibigbe Esq., Counsel to the Claimant said the motive behind the appeal is to elongate the matter and frustrate his client. In his words:
“The appeal is frivolous and oppressive; and that is very unfair. On our own part, we shall be looking into the possibility of getting the award of damages reviewed. On the authority of Taiwo Kupolati v. MTN, damages can be increased if it found to be ridiculous in the circumstances of the case; or we may just settle for having the appeal dismissed with cost as substantial as the N2million”
