The Electric Power Sector Reform Act EPSRA is responsible for the creation of the Nigerian Electricity Regulatory Commission NERC as the apex regulator of the power sector. The NERC is in turn empowered by the EPSRA to make regulations on a wide range of matters in the Power Sector from licensing to the focus of this article – the rights and obligations of Power Consumers.
This article will be focused on the topics of:-
– The Regulatory Framework governing Power Consumer Rights & Obligations in Nigeria
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– What these rights and obligations are
– What to do when the rights of a Power end-user /consumer have been breached
What are the Regulatory Framework components governing Electricity Consumer Rights in Nigeria?
Power consumer rights are governed by the NERC Consumer Rights Regulations brought about by virtue of the NERC September 18,2012 circular on Consumer Rights as well as the Electric Power Sector Reform Act as well as the Federal Competition and Consumer Protection Commission (FCCPC)
What are the rights and obligations of a power service consumer?
The rights of a power consumer include the following :-
– All new electricity connections must be done strictly on the basis of metering before connection. In other words,no new customer should be connected by a Distribution Company DISCO without first installing a meter on the premises.
– All customers/consumers have a right to electricity supply in a safe & reliable manner.
– All power consumers have a right to a properly installed and functional meter.
– All power consumers have a right to be properly informed & educated on the electricity service.
– All power consumers have a right to transparent power billing.
– All unmetered customers have a right to be issued with electricity bills strictly based on the NERC estimated billing methodology.
– It is the right of a customer to be notified in writing ahead of disconnection of electricity services by the DISCOs serving the customer in line with the NERC Guidelines.
– All customers have a right to refunds when billed excessively.
– All customers have rights to file complaints & to the prompt investigation of such complaints.
– If a complaint is not addressed satisfactorily or addressed at all, the customer has a right to escalate the complaint to the NERC forum office within the DISCOs coverage area.
– Any unmetered customer disputing an estimated bill has the right not to pay the disputed bill, but only the last undisputed bill.
– It is not the responsibility of a consumer or a community to buy, replace or repair electricity transformers, poles and related equipment used in the supply of electricity.
Consumer Obligations
Electricity service end-users and consumers have the following regulations according to NERC :-
– The obligation to pay for electricity used within a stipulated time frame.
– The obligation that metering & other electrical equipment within a customer’s premises belonging to the DISCO not to be tampered with or bypassed.
– The obligation to ensure cordiality of consumers towards electricity workers.
– The obligation to provide requirements for connection as stipulated by NERC and DISCOs.
– The obligation to ensure the vigilant protection of Electric installations.
What is the dispute resolution procedure for an aggrieved Electricity Consumer in Nigeria?
The procedure for filing a customer complaint is as follows :-
– An aggrieved customer should first make a complaint to the Customer Complaints Unit(CCU) of the Power Distribution Company DISCO servicing the area where the customer is based.
– If the customer is not satisfied with the handling of his complaint by the CCU of his DISCO, he should then make a further complaint to the NERC Consumer Forum(This is a form of Alternative Dispute Resolution/ADR).
– Where either party is not satisfied with the decision or handling of the matter by the NERC Consumer Forum, the next step is to then submit a petition prepared by a legal practitioner to NERC via its petition hearing quasi-judicial hearing panel.
This is without prejudice to the right of a consumer to file a customer complaint petition to the Federal Competition and Consumer Protection Commission (FCCPC).