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2023 Electricity Act: Judge Agrees State Courts Have No Jurisdiction

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An Abia State High Court judge today ruled that State High Courts have no jurisdiction to entertain matters under the 2023 Electricity Act, agreeing with one of the country’s most respected Senior Advocates of Nigeria (SANs), Chief Mike Ahamba, who submitted last April 29 in a matter brought before Mr Justice Enyinna Ikpeazu sitting at the Isiala Ngwa High Court on the Aba outskirts that only the Federal High Court could hear such cases.

Appearing for Aba Power Electric Ltd, which supplies electricity to nine of the 17 local government areas in Abia State, in a suit brought by three Aba residents who claimed to be customers of the power utility, Chief Ahamba callled the court’s attention to provisions of the 2023 Electricity Act on how any person not happy at any action of the Nigeria Electricity Regulatory Commission (NERC) should go about his or her grievances.

Sections 46, 48, and 51 provide, among other things: “Any person dissatisfied with the commission under Section (2) shall, subject to rules of the Federal High Court, within 30 days from the final decision of the commission was reached, file an appeal to the Federal High Court”.

Chief Ahamba, a former legislator and an influential author, told the Abia High Court that the three persons did not wait for 30 days for NERC to look into their complaint against the commission’s order to Aba Power last December 30 to review its tariff from January 1 to match those of the other 11 electricity in the country which were increased on April 4, 2024.

“They rather hurriedly ran to the Abia State High Court on the 17th day”, the SAN pointed out to the court.

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“It is baffling that they should behave this way, as though Nigeria were a country with no laws, no rules, no regulations.

“Worse, they ran to the Abia State High Court here in Isiala Ngwa, contravening the 2023 Electricity Act.

“Why didn’t they proceed to the Federal High Court, which is in every state of the federation, including Abia State?”

Justice Ikpeazu agreed with Aba Power’s attorney on the two critical observations about the serious procedural errors by the complainants who had approached the court last January under the guise of the Aba Electricity Consumers Forum in protest against the NERC directive for a tariff review.

In February, the judge agreed with Abia Power that the “so-called Abia Electricity Forum is unregistered, illegal, and unknown to the law; consequently, it does not have the locus to appear before it or any other court in the country.”

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According to Charles Torti, an electricity law expert in Aba who was in court when today’s ruling was delivered, “The Honourable Abia State High Court upheld the rule of law by upholding the overwhelming and overpowering arguments of the learned Silk.

“Being on the side of the law is critical for attracting investments, all the more so as the Dr Alex Otti-led administration is in a hurry to reposition Abia State as an investment destination”.

Michael Nwachukwu, a trader at the Ariara Market in Aba, expressed disgust with the three complainants when he spoke to journalists in the court premises after the judgment.

“We didn’t know that they were giving us false promises because they assured us of victory every inch of the way and launched an aggressive finance campaign; we contributed a significant sum”, Nwachukwu said.

“They encouraged us not to pay the new tariff, and we obeyed them. Now, we have to pay the new bills from January, amounting to five months, which is very heavy for us”.

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Mrs Ngozi Okoroafor, a retired teacher and widow who runs a small grocery in Aba, also accused the complainants of misleading their followers, vowing to take steps to recover her financial contribution and those of her colleagues.

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2 Comments

2 Comments

  1. Engr John Nkwuo PE(USA)

    May 22, 2025 at 11:11 pm

    I categorically disagree because the Electricity was generated locally in Abia State, the state high court should have the jurisdiction of deciding matters concerning locally generated power and transmission in the state.

    I believe that if the Electricity was generated Nationwide and transmitted to the state; then
    Federal Law can come into play and then the Federal High Court can then decide on such matters.

    Federal laws should not override state laws in the areas of Electricity Generation, Transmission and Distribution, Manufacturing and Industrialization; because they are stifling Innovation, Creativity and Talents of Engineers in developing the Power.

    Power should be generated locally & regionally and then feed into the national grid.

    • Admin

      May 23, 2025 at 2:15 pm

      You made a valid point here, Engr. John. But the ruling rather is predicated on national electricity law. Your point of argument was not taken into consideration during the process of enactment of the Act. An error I would say.

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NiMet Weather Update: Dust Haze and Rain Expected from Monday

NiMet weather update predicts three days of dust haze and rain across Nigeria from Monday to Wednesday, warning of possible flooding in parts of the South.

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NiMet Weather Update: Dust Haze and Rain Expected from Monday

October 27, 2025 | Abuja

The NiMet weather update has predicted a mix of dust haze and rainfall across various parts of Nigeria from Monday to Wednesday, urging residents to remain alert and take necessary precautions.

In its NiMet weather update released on Sunday in Abuja, the Nigerian Meteorological Agency (NiMet) projected slight dust haze with good visibility over Borno, Zamfara, northern Kaduna, Yobe, Jigawa, Kano, and Katsina States on Monday.

According to the agency, isolated thunderstorms and light rain are also expected in Taraba and Adamawa States during the afternoon and evening hours, while sunny skies with patches of clouds are likely in the central region, including FCT, Nasarawa, and Kogi, with chances of late-day rain.

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The NiMet weather update further noted cloudy conditions in the southern region on Monday morning, followed by moderate rainfall and thunderstorms later in the day over Imo, Abia, Ebonyi, Ondo, Lagos, Ekiti, Ogun, Delta, and Rivers States.

For Tuesday, the NiMet weather forecast indicated continued slight dust haze in the north and possible thunderstorms in Taraba and Adamawa, while the central region will witness sunny skies with moderate rain in FCT, Nasarawa, and Kogi.

Across the south, moderate rainfall is anticipated in Rivers, Cross River, Ebonyi, and Akwa Ibom in the morning, with increasing intensity later in the day. NiMet also warned of possible flooding in parts of Akwa Ibom, Rivers, and Cross River, urging authorities to activate emergency response measures.

By Wednesday, the NiMet weather update anticipates sunny skies across the north, with isolated thunderstorms in Taraba, and light rain in the central region, especially Kogi and the FCT. The southern states will start cloudy, transitioning to thunderstorms and moderate rain later in the day.

NiMet also cautioned against potential flash floods and advised motorists to drive carefully in wet conditions. The agency urged persons with asthma or respiratory issues to minimize outdoor exposure due to dust particles in northern airspace.

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It further advised airline operators to obtain airport-specific weather reports for flight planning and encouraged the public to stay informed through NiMet’s website and official communication channels. GMTNewsng

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Wike in Dubai for 2025 Asia Pacific Cities Summit and Mayors’ Forum

Wike in Dubai for the 2025 Asia Pacific Cities Summit and Mayors’ Forum to engage world city leaders on sustainable urban development and global cooperation.

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Nyesom Ezenwo Wike, Minister of the Federal Capital Territory

Wike in Dubai for 2025 Asia Pacific Cities Summit and Mayors’ Forum

Date: Oct. 27, 2025

The Wike in Dubai visit marks Nigeria’s strong representation at the 2025 Asia Pacific Cities Summit and Mayors’ Forum (2025APCS), as the Federal Capital Territory (FCT) Minister, Nyesom Wike, arrived in the United Arab Emirates (UAE) this week for the high-level international engagement.

According to a statement by the Minister’s Senior Special Assistant on Public Communications and Social Media, Lere Olayinka, on Monday, Wike in Dubai was warmly received by the Consul General of Nigeria, Ambassador Zayyanu Ibrahim, alongside officials of the Federal Capital Territory Administration (FCTA) who arrived ahead of him.

During the summit, Wike in Dubai will lead a discussion panel on Tuesday, where he will field questions about the Federal Capital Territory, exchange ideas with other Mayors of capital cities, and explore opportunities for sustainable city partnerships.

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The 2025 Asia Pacific Cities Summit and Mayors’ Forum seeks to create long-term value for cities and businesses across Asia Pacific, the Middle East, Africa, and South Asia, promoting trade, innovation, and investment opportunities.

An initiative of the Brisbane City Council, Australia, the forum is recognized as one of the world’s most diverse gatherings of mayors, city leaders, business executives, and young professionals committed to shaping the future of global urban development.

The 2025APCS theme, “Collaborate, Inspire, Transform,” aligns with global efforts to build smart, resilient, and sustainable cities. Sub-themes such as “Centres of Connection” highlight the role of transportation networks and urban innovation in improving quality of life.

Through his participation, Wike in Dubai underscores Nigeria’s commitment to engaging the global urban community in forward-thinking conversations about development, governance, and sustainability. GMTNewsng

https://fcta.gov.ng/

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Dubai (UAE) – official city portal: https://www.dubai.ae/

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NDA Shooting Exercise 2025: Academy Sends Strong Warning to Kaduna Residents

The Nigerian Defence Academy (NDA) has warned residents of Afaka, Kauya, and Mando to stay clear of its open range during the NDA shooting exercise scheduled from Oct. 28 to Nov. 7, 2025, in Kaduna.

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NDA shooting exercise: Academy warns Kaduna residents

October 27, 2025 | Kaduna

The NDA shooting exercise scheduled by the Nigerian Defence Academy (NDA) has prompted a public warning to residents of Afaka, Kauya, Tsamiya, and Mando in Kaduna State to steer clear of its open range from Tuesday, October 28 to November 7, 2025.

According to a statement released by the NDA Public Relations Officer, Major Mohammed Maidawa, the NDA shooting exercise is part of the Range Management Package for cadets of the 73 Regular Course (Army), aimed at improving their combat readiness. http://nda.org.ng

“The NDA wishes to inform the general public, especially inhabitants of Mando, Tsamiya, Kauya, and Afaka general area, that it will be conducting its Range Management Package NDA shooting exercise for cadets,” the statement read.

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Maj. Maidawa assured residents that all safety precautions have been taken for the smooth and secure conduct of the NDA shooting exercise, while urging the public to cooperate with military personnel during the period.

The statement added that the Commandant, Maj.-Gen. Abdul Ibrahim, conveys his appreciation to the host communities for their understanding and continued support.

The Nigerian Defence Academy, based in Kaduna, is Nigeria’s foremost military training institution, responsible for producing officers for the Army, Navy, and Air Force. The shooting exercise forms part of its continuous efforts to enhance professionalism and discipline among its cadets. GMTNewsng

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