Ondo South Residents Drag FG, NERC, BEDC To Court Over 14-Year Electricity Blackout, Seek N12.5 Trillion In Damages

Residents of Ondo South Senatorial District in Ondo State have dragged the Federal Government, Nigerian Electricity Regulatory Commission, Benin Electricity Distribution Company Plc and Attorney General of Ondo State to court over their failure to provide electricity supply to the area for the past 14 years.

In a suit marked with suit number FHC/AK/CS/27/2024 ( Ondo South Development Forum & ors V. Attorney General of the Federation & 3 ors.) filed at the Federal High Court in Akure, six plaintiffs representing different local government areas of the senatorial district are seeking legal redress and damages totaling 12.5 trillion naira.

The plaintiffs are the Registered Trustees of Ondo South Development Forum, Mr. Omolegbon Odusola (representing Ilaje LGA), Mr. Odunayo Ayenakin (Irele LGA), Mr. Tayo Ogungbemi (Okitipupa LGA), Mr. Joseph Akintimehin (Odigbo LGA), and Mr. Adeolu Ajayi (Ese Odo LGA).

They have sued the Attorney General of the Federation, Nigerian Electricity Regulatory Commission (NERC), Benin Electricity Distribution Company Plc (BEDC), and the Attorney General of Ondo State as respondents.

In their originating summons, the plaintiffs are seeking several declarations that the respondents violated their constitutional rights to life, dignity, and freedom from discrimination by failing to ensure electricity supply to the area for over a decade.

They argue that access to electricity is supplementary to the fundamental human rights guaranteed by the Nigerian constitution.

The plaintiffs contend that the federal government and the other defendants neglected their statutory duties under the Electricity Act 2023, including the failure to adopt an Integrated National Electricity Policy, operationalize the Power Consumer Assistance Fund, and ensure subsidized electricity for underprivileged consumers in the affected areas.

They are also seeking N7.5 trillion in damages for losses incurred due to the prolonged blackout, as well as N5 billion for the violation of their rights. The court has been requested to order the defendants to guarantee electricity supply within three months and make public apologies.

In a supporting affidavit, the 6th plaintiff, Mr. Adeolu Ajayi, stated that over 10,000 people have died since 2014 due to the lack of electricity and underdevelopment in the senatorial district. The suit was filed by Olaniran Obele, Ellen Briggs-Odebisi and Salamatu Yunusa- Ligari of LiberteVie Law Practice, a Lagos based law firm.