Unlawful Disconnection: Court jails AEDC staff in Kogi
Unlawful Disconnection: Court jails AEDC staff in Kogi
By Eloyi Matthew
A Magistrate Court sitting in Lokoja, Kogi State, has sentenced a Staff of Abuja Electricity Distribution Company (AEDC), James Olayemi, to six months’ imprisonment with an option of Fine of N50,000 for unlawful disconnection of electricity supply to a customer’s house in Lokoja, the state capital.
The Chief Magistrate, Tanko Muhammed, also ordered the reconnection of electricity supply to the compound of the Complainant, Dennis Osawota with immediate effect.
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Osawota, who is a retired top Management Staff of National Inland Waterways Authority (NIWA), dragged Olayemi, the marketing officer and the Regional Manager, Lamidi Obadaki, to court over the damages done to his property and unlawful disconnection of electricity supply to his house even after he had paid N370,000 for February bill.
The duo was said to have committed offences contrary to Regulations 5 and 11 of the Nigerian Electricity Regulatory Commission Connection and Disconnection Procedures for Electricity Services 2007 and punishable under Section 94 of the electric power sector reform (EPSR) Act 2005.
The Prosecution Counsel, O.C. King, who was represented by Emeje Aruwa, the private prosecution brought under sections 86, 87, 88, 107 (a), (e), 108(1) (c), 111, 112 and 113 of the Kogi State Administration of Criminal Justice Law 2017, by Osanwuta.
According to the prosecution, the defendants, on March 10, 2020, along with others still at large, did “maliciously and unlawfully disconnected electricity supply to electricity metre with Account number 715718350 supplying electricity to the building being occupied by the complainant at No 1, NIWA Quarters, Lokoja, Kogi State.”
Aruwa also submitted that the duo did conspire to carry out disconnection of electricity supply to the premises of the complainant in spite of the fact that he did not default in payment of his bills and described the act as unlawful.
He urged the court to take cognisance of Regulation 10(8) of the Nigeria Electricity Regulatory Commission, Connection and Disconnection Procedures of Electricity Services, 2007.
However, the Counsel to the Defendants, C.P. Ocheja, urged the court to determine whether the prosecution had made out a prima facie case against the defendants to warrant the court compelling them to enter their defence.
Ocheja urged the court to strike out the case over the presumed inability of the prosecution to establish a prima facie case against the defendants to link them with the alleged offences.
In his judgement, the chief magistrate discharged and acquitted the Regional Manager, Lamidi Obadaki, who is the second defendant, stressing that from the evidence before him there was no link between him and the criminal activities of the first defendant.
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Mohammed explained that the first defendant, James Olayemi, has been sentenced for running contrary to Sections 5 and 11 of Nigeria Electricity Regulatory Commission Connection and Disconnection Procedures for Electricity Services 2007 and punishable under Section 94 of electric power sector reform (EPSR) Act 2005.
