Court Orders AEDC To Release Tariff Details To Lawyer

The Federal High Court in Abuja has ordered the Abuja Electricity Distribution Company (AEDC) to release details of its current electricity tariff charges to lawyer Festus Onifade, under the Freedom of Information (FOI) Act.

Justice Gladys Olotu, who delivered the judgment on September 23, declared that the company’s failure to respond to Onifade’s FOI request violated his constitutional right to access public information.

According to the certified true copy of the judgment obtained by THE WHISTLER, Justice Olotu also fined AEDC N500,000 for unlawfully refusing to provide the requested information.

The court held that AEDC, being partly owned by the Federal Government—which holds 40 per cent equity—and licensed to distribute electricity to the public, qualifies as a public institution within the meaning of the FOI Act.

Onifade, alongside the Coalition of Nigerian Consumers, had, in a letter dated January 18, 2023, requested AEDC to disclose details of its tariff charges. When the company responded that it was not bound by the FOI Act, the applicants approached the court for redress.

Justice Olotu ruled that AEDC’s response amounted to a clear refusal to comply with the law and emphasised that the FOI Act imposes an active duty on public institutions to release requested information or state valid reasons for denial in writing.

“The respondent is subject to the provisions of the Freedom of Information Act, 2011, and its refusal to provide the requested information is unlawful,” the judge declared.

The court consequently ordered AEDC to release the requested tariff information within seven days and pay a penalty of N500,000 for noncompliance.