The Rights and Duties of Electricity Consumers in Nigeria

By Ubong S. Ebong Esq. -
As a special gift for the absence of our usual KYR articles for the past 2 weeks, today I'll be talking about (or you can say "shaking the table") of a very interesting legal issue which more than 50% of Nigerians do not know about. I am referring to Nigeria's power sector which deals with everything about electricity in Nigeria.

The power sector which deals with electricity supply in Nigeria has experienced several changes over the years including privatization and every Nigerian is familiar with the numerous distribution companies (or DisCos) we have had with 'NEPA' being perhaps the most popular of them all. Everybody uses electricity but have you ever asked yourself:
1) What is the nature of the (legal) relationship between you as a consumer, the electricity (distribution) company and the government?
2) What are the terms and conditions of this relationship? In other words, what are my rights and obligations as a consumer?
If you have been faithfully paying your electricity bills, you deserve to know the answers to these questions.

1) Following the commencement of the privatization process of Nigeria's electricity in 2001 a tripartite relationship was formed with consumers dealing directly with the electricity distribution companies (or what most people generally call 'NEPA'), while the Federal Government only supervises and regulates this relationship. The Nigerian Electricity Regulatory Commission (NERC) was set up by the government to perform this role as a sort of umpire.

2) To answer the second question let us first list your obligations as an electricity consumer.
a) Prompt and correct payment of bills for electricity consumed within the stipulated time frame.
b) Provide requirements for connection as stipulated by NERC and DisCos.
c) Vigilant protection of electrical installations.
d) Cordiality towards electricity workers.
e) Customer compliance to the requirements of the Distribution code and other relevant regulations.
f) Ensure receipt of monthly electricity bills if you are not using a prepaid meter and you can lodge a complaint to the DisCo serving you should you not get your bills.
g) Ensure that metering and other electrical equipment within your premises belonging to the DisCo are not tampered with or by-passed.
h) Notify the DisCo serving you of any tampering or bypass of electricity installations.  
i) Notify the DisCo serving you of any outstanding electricity bill before moving into new premises.

Moving on, let us now list your rights as an electricity consumer.
a) No new customer should be connected by a DisCo without a meter first being installed at the premises.
b) All customers have a right to electricity supply in a safe and reliable manner.
c) All customers have a right to a properly installed and functional meter that reads accurately.
d) All customers have a right to be properly informed and educated on the electricity services. 
e) All customers have a right to transparent electricity billing as opposed to arbitrary, fanciful and unreasonable billing.
f) All customers without meters should be issued with electricity bills strictly based on NERC’s estimated billing methodology.
g) 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.
h) All customers have a right to refund when over billed.
i) All customers have a right to file complaints and to the prompt investigation of complaints.
j) It is the customer’s right to contest any electricity bill. 
k) Any customer without a meter who is disputing his or her estimated bill has the right not to pay the disputed bill, but to pay only the last undisputed bill while the contested bill goes through the dispute resolution process of the NERC.
l) It is not the responsibility of consumers or communities to buy, replace or repair electricity transformers, poles and related equipment used in the supply of electricity.

Before I end today's discussion let me emphasize (b) and (g) above. Your right to safe electricity supply implies that the electricity you receive should not be such that destroys your appliances. Where your properties are destroyed because of the electricity you are supplied, you are entitled to get compensation.

On the issue of disconnection, you are entitled to be notified in writing by the electricity company before they disconnect your light. The purpose of the notification is to give you time to pay all outstanding debts. Any disconnection without prior notice is illegal and you can sue for damages.

The only instances where your electricity can be disconnected without notice are:
a) where your connection is illegal,
b) where your connection is dangerous,
c) where the location of your meter is inaccessible to be read for 3 consecutive bills but in this case a written notice and a written warning must be given before disconnection.

Also, did you know that your electricity  cannot be disconnected if the period between the proposed date of disconnection and due date for your payment (which should be contained in every bill) is less than 3 months? Did you know that electricity cannot be disconnected from a building where a life support machine is being used (e.g hospitals)? Did you know that the law says they ought to be compensation for consumers who do not enjoy regular power supply?

There is a lot to be discussed but for today we shall end our discussion here. Consult your lawyer to know more. But be minded that you are not entitled to any of these rights if you are using an illegal connection.

#KYR



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