By Correspondent in Lokoja.
James Olayeni, a member of staff of the Abuja Electricity Distribution Company Company (AEDC),has been sentenced to six months imprisonment, by a Lokoja Chief Magistrate’s Court, for unlawful disconnection of electricity supply to a customer’s house in Lokoja, Kogi state.
The Chief Magistrate, Tanko Muhammed,who handed down the sentence on Thursday, in his judgement, however, gave the convict, who is the first defendant in the case, an option of fine N50,000 and ordered the reconnection of electricity supply to the compound of Mr .Dennis Osanwota with immediate effect.
The Reporters recalls that the complainant, Mr. Dennis Osanwota, a retired top Management staff of National Inland Waterways Authority (NIWA), had dragged Olayemi,the Marketing officer and the Regional Manager,Lamidi Obadaki over the damages done to his property and unlawful disconnection of electricity supply to his house.
He told the court that Olayemi went ahead to cut electricity supply to his house, after he paid N370,000 being his bill for February
The prosecution said the the convict committed the offence, contrary to Regulations 5 and 11 of the Nigeria Nigerian Electricity Regulatory Commission Connection And Disconnection Procedures for Electricity Services 2007 and punishable under Section 94 of electric power sector reform (EPSR) Act 2005.
The prosecution counsel, O.C. King, who was represented by Emeje Aruwa, said the private prosecution was brought pursuant to 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 Surveyor Dennis Osanwuta.
The prosecution had earlier told the court that 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 occupied by the complainant at No. 1, NIWA Quarters, Lokoja, Kogi State.”
The first information report (FIR) read in part, “That you and others now at large on the 10th March, 2020 within the Magisterial District of this court, did conspire amongst yourselves to commit felony.
“To wit: Unlawful disconnection of electricity supply and thereby committed an offence punishable under section 97 of the Penal Code, Laws of Kogi State.
Aruwa also submitted that the duo did conspire to carryout a 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 cognizance 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 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 presumed inability of the prosecution to establish a prima facie case against the defendants to link them with the alleged offences.
In his judgement, Tanko absolved the Regional Manager AEDC, Mr.Lamidi Obadaki,the second defendant in this case of any complicity on two counts charges of criminal conspiracy and unlawful disconnection of supply was therefore discharged and acquitted him.
He said that from evidence of before him, there was no link between Obadaki with criminal activities of the first defendant .
Tanko explained that Olayemi was sentenced for running contrary to Sections 5 and 11Nigeria Electricity Regulatory Commission Connection And Disconnection Procedures for Electricity Services 2007 and punishable under Section 94 of electric power sector reform (EPSR) Act 2005.
According the Chief Magistrate, the provision of Section 5 stated that the electricity consumers were given maximum of 10 days for payment of electricity bill and 3 months before disconnection could be made, after AEDC must formerly written to inform the customers of the impending disconnection.
“In view of evidence before me, the complainant has not be given such opportunity,therefore,the first defendant is guilty as charged.I hereby sentence him to six months imprisonment and an option of fine of N50,000,”, he stated. .
