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AEDC Staff Sentenced To Prison For 6 Months Over Illegal Disconnection Of Electricity Supply

AEDC Staff Sentenced To Prison For 6 Months Over Illegal Disconnection Of Electricity Supply

Mr. James Olayemi, a staff of Abuja Electricity Distribution Company AEDC, was sentenced to six months in jail and a fine of N50,000 by a magistrate court in Lokoja for unlawfully disconnecting electricity service to a customer’s property in Lokoja, Kogi State.

The Chief Magistrate, Tanko Muhammed, sentenced James Olayemi of AEDC to six months in prison on Thursday and ordered the reconnection of electricity to Dennis Osawota’s property with immediate effect.

Dennis Osawota, a retired employee of the National Inland Waterways Authority (NIWA), had earlier sued Olayemi, the Marketing officer, and the Regional Manager of AEDC, Lamidi Obadaki, for damages done to his property and unlawful disconnection of electricity supply to his house despite payment of N370,000 for February in court.

The Nigerian Electricity Regulatory Commission (NERC) Connection and Disconnection Procedures for Electricity Services 2007 regulation was allegedly violated by the duo, which is punishable by Section 94 of the Electric Power Sector Reform (EPSR) Act 2005.

The private prosecution was brought by Surveyor Dennis Osanwuta 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.

It was alleged in court documents that the defendants and those still at large shut off the electrical supply to the building occupied by complainant No. 1, NIWA Quarters, in Lokoja, Kogi State, on March 10, 2020, “maliciously and unlawfully.”

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 a felony.

“To wit: Unlawful disconnection of electricity supply and thereby committed an offense punishable under section 97 of the Penal Code, Laws of Kogi State.

Part of the first information report (FIR) stated: “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 a felony.

“To wit: Unlawful disconnection of electricity supply and thereby committed an offense punishable under section 97 of the Penal Code, Laws of Kogi State.”

He further alleged that the two conspired to cut off the complainant’s energy even though he had paid his bills on time, and labeled the act as illegal.

He requested the court to take note of the Connection and Disconnection Procedures for Electricity Services, 2007 Regulation 10(8) of the Nigeria Electricity Regulatory Commission.

But C.P. Ocheja, the defendants’ attorney, sought the court to assess if the prosecution had brought out a prima facie case against the defendants that would justify the court ordering them to submit their defense.

Ocheja told the court. “It’s clear that they can’t prove anything at all.”

Chief Magistrate Muhammed Tanko cleared the second defendant, Mr. Lamidi Obadaki, of any involvement in two counts of criminal conspiracy and unlawful cutoff of electricity supply to the defendant, in his decision.

Tanko said, “In view of evidence before me, the complainant has not been 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.”

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