By Noah Ocheni, Lokoja
A magistrate Court sitting in Lokoja, on Thursday sentenced one James Olayemia, a Staff of Abuja Electricity Distribution Company (AEDC), to six months imprisonment for unlawful disconnection of electricity supply to a customer’s house in Lokoja, Kogi state capital.
The Chief Magistrate, Tanko Muhammed sentenced the first defendant, James Olayemi to six months imprisonment and ordered for the reconnection of electricity supply to the compound of Mr. Dennis Osanwuta with immediate effect.
Earlier, the Complainant, Mr. Osanwota who is now a retired top Management staff of National Inland Waterways Authority (NIWA) had dragged the duo of James Olayemi the Marketing officer and the Regional Manager, Lameed Obadaki to court over the damages of his property and unlawful disconnection of electricity supply to his house even after payment of N370,000 for February bill.
The prosecution counsel, O.C. King Esq. who was represented by Emeje Aruwa Esq, 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.
According to the prosecution, the defendants, on March 10, 2020 along with others still at large, “maliciously and unlawfully disconnected electricity supply to electricity metre with Account number 715718350 supplying electricity to the building being occupied by the complainant No 1, NIWA Quarters, Lokoja, Kogi State.
Aruwa also submitted that the duo did conspire to carry out 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 Esq. urged the the court to determine whether they 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 , the Chief Magistrate, Muhammed Tanko absolved the Regional Manager AEDC, Mr.Lameed Obadaki who is the second defendant in this case of any complicity on two counts charges of criminal conspiracy and unlawful disconnection of power supply.
He therefore discharged and acquitted Lameed Obadaki, stressing that from evidence before him there was no link between him and the criminal activities of the first defendant .
Tanko however sentenced the first defendant, James Olayemi for running contrary to Sections 5 and 11 Nigeria Electricity Regulatory Commission Connection and Disconnection Procedures for Electricity Services 2007 which he said is punishable under Section 94 of electric power sector reform (EPSR) Act 2005.
According to him, “the provision of Section 5 stated that the electricity consumers are given maximum of 10 days for payment of electricity bill and 3 months before disconnection could be made after AEDC must have formally 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 with an option fifty thousand naira (N50,000) as fine”, he stressed.
