Journalist, Carl Umegboro sues Abuja DisCo, demands N292m on libel, others

A prolific writer and journalist, Carl Umegboro has dragged the
Abuja Electricity Distribution Company Plc “AEDC” before the High
Court of the Federal Capital Territory demanding aggregately for
N292, 465,000:00 (two hundred and ninety two million, four hundred
and sixty five thousand naira only) for nuisance, trespass to
chattel, infringement of fundamental rights, defamation of his
character and special damages.

In the originating summon filed through his counsel, Mr. Sunday
Adaji on 29 March with Suit No: HC/FCT/CV/1376/18, the applicant is
challenging inter alia the continuous interference of the
distribution company to the use and enjoyment of electricity he
paid for and entitled to its use and above all, defamation of his
character.

In his 39-paragraph affidavit deposed before the court, the
plaintiff’s prepaid-metered Abuja residence was disconnected over
arrears of adjacent customer on estimation bill in the same
premises despite the plaintiff’s advice to AEDC officials to
disconnect the defaulting customer directly from the meter-point to
prevent disturbing his prepaid-metered apartment. The advice,
however, fell on deaf ears as the officials aggressively boasted
that nothing would happen if his prepaid metered apartment is
disconnected, that at most, it will be reconnected after many days
in darkness if at all the petition gets attention.

As AEDC officials recalcitrantly disconnected the electricity
and in a tyrannical manner carted away the cables with open verbal
abuses, the plaintiff immediately lodged a complaint at AEDC
district office but nothing was done. All efforts to get the
electricity restored proved abortive. The plaintiff who is also a
lawyer thereafter petitioned the company’s managing director at its
head office alongside Nigerian Electricity Regulatory Commission
(NERC) with a demand for immediate reconnection and a fractional
compensation of a sum of N175, 000 (one hundred and seventy five
thousand naira only) to mitigate colossal losses suffered due to
the unlawful disconnection of his electricity for five days.

Following the latter demand, AEDC after reconnecting the
electricity suddenly twisted the story in her letter to the
plaintiff to escape liability for compensation and falsely accused
him of conniving with, aiding and abetting a defaulting customer to
indulge in illegal connections and electricity theft as the reasons
for the disconnection. The plaintiff accordingly demanded for
substantiation of the allegations or a retraction of the derogatory
statement among other reliefs but was unheeded. Thereafter, NERC
headquarters queried the DisCo over the act.
To the plaintiff’s greatest shock, NERC in response to his petition
acquainted him of AEDC’s response and attached the same derogatory
report for his knowledge as reasons AEDC gave for the disconnection
to the commission. Following Umegboro’s strong objection, NERC
further queried the DisCo to substantiate its allegations but
nothing was forthcoming.

The plaintiff further avers that his incarceration was traceable
to the effective advocacy of a group, ‘Coalition against corruption
in the Power Sector’ (CACITPS) he leads since 2014 which has taken
advocacy to all relevant authorities principally for compulsory
prepaid metering of customers against estimated ‘crazy’ bills and
removal of the separate and cumulative N750-service charge in the
bill which he said is verifiable by the group’s advocacy and
mobilization materials he uploaded as photos in his Facebook page
for public view since June 2014. Umegboro also states that though
his group unyieldingly fights the excesses of DisCos especially
unjustifiable ‘crazy’ bills, he had verifiably, voluntarily
championed fundraising in a large community which donated needed
materials worth hundreds of thousands of naira to boost electricity
distribution in Eko Zone, Lagos.

Consequently, his lawyer, Mr. Adaji is praying the court to
order AEDC to pay his client the sum of N100million on defamation
of character, N50million each on infringement of right to dignity
of his person, nuisance, and trespass to chattel as well as N42,
465,000 as special damages. The three defendants are the company’s
managing director, AEDC and NERC respectively. At the time of
filing the report, date is yet to be fixed for hearing.

A prolific writer and journalist, Carl Umegboro has dragged the
Abuja Electricity Distribution Company Plc “AEDC” before the High
Court of the Federal Capital Territory demanding aggregately for
N292, 465,000:00 (two hundred and ninety two million, four hundred
and sixty five thousand naira only) for nuisance, trespass to
chattel, infringement of fundamental rights, defamation of his
character and special damages.

In the originating summon filed through his counsel, Mr. Sunday
Adaji on 29 March with Suit No: HC/FCT/CV/1376/18, the applicant is
challenging inter alia the continuous interference of the
distribution company to the use and enjoyment of electricity he
paid for and entitled to its use and above all, defamation of his
character.

In his 39-paragraph affidavit deposed before the court, the
plaintiff’s prepaid-metered Abuja residence was disconnected over
arrears of adjacent customer on estimation bill in the same
premises despite the plaintiff’s advice to AEDC officials to
disconnect the defaulting customer directly from the meter-point to
prevent disturbing his prepaid-metered apartment. The advice,
however, fell on deaf ears as the officials aggressively boasted
that nothing would happen if his prepaid metered apartment is
disconnected, that at most, it will be reconnected after many days
in darkness if at all the petition gets attention.

As AEDC officials recalcitrantly disconnected the electricity
and in a tyrannical manner carted away the cables with open verbal
abuses, the plaintiff immediately lodged a complaint at AEDC
district office but nothing was done. All efforts to get the
electricity restored proved abortive. The plaintiff who is also a
lawyer thereafter petitioned the company’s managing director at its
head office alongside Nigerian Electricity Regulatory Commission
(NERC) with a demand for immediate reconnection and a fractional
compensation of a sum of N175, 000 (one hundred and seventy five
thousand naira only) to mitigate colossal losses suffered due to
the unlawful disconnection of his electricity for five days.

Following the latter demand, AEDC after reconnecting the
electricity suddenly twisted the story in her letter to the
plaintiff to escape liability for compensation and falsely accused
him of conniving with, aiding and abetting a defaulting customer to
indulge in illegal connections and electricity theft as the reasons
for the disconnection. The plaintiff accordingly demanded for
substantiation of the allegations or a retraction of the derogatory
statement among other reliefs but was unheeded. Thereafter, NERC
headquarters queried the DisCo over the act.
To the plaintiff’s greatest shock, NERC in response to his petition
acquainted him of AEDC’s response and attached the same derogatory
report for his knowledge as reasons AEDC gave for the disconnection
to the commission. Following Umegboro’s strong objection, NERC
further queried the DisCo to substantiate its allegations but
nothing was forthcoming.

The plaintiff further avers that his incarceration was traceable
to the effective advocacy of a group, ‘Coalition against corruption
in the Power Sector’ (CACITPS) he leads since 2014 which has taken
advocacy to all relevant authorities principally for compulsory
prepaid metering of customers against estimated ‘crazy’ bills and
removal of the separate and cumulative N750-service charge in the
bill which he said is verifiable by the group’s advocacy and
mobilization materials he uploaded as photos in his Facebook page
for public view since June 2014. Umegboro also states that though
his group unyieldingly fights the excesses of DisCos especially
unjustifiable ‘crazy’ bills, he had verifiably, voluntarily
championed fundraising in a large community which donated needed
materials worth hundreds of thousands of naira to boost electricity
distribution in Eko Zone, Lagos.

Consequently, his lawyer, Mr. Adaji is praying the court to
order AEDC to pay his client the sum of N100million on defamation
of character, N50million each on infringement of right to dignity
of his person, nuisance, and trespass to chattel as well as N42,
465,000 as special damages. The three defendants are the company’s
managing director, AEDC and NERC respectively. At the time of
filing the report, date is yet to be fixed for hearing.