The Volta River Authority (VRA) has filed a suit in court seeking to set aside the outcome of a case brought against it by the Consumer Protection Agency (CPA), over the recent electricity tariff increases.
The VRA’s suit follows a similar one filed by the Public Utilities Regulatory Commission (PURC) last week, which is joined in the suit by CPA.
The PURC in its case argued that the issues being raised by the Consumer Protection Agency, are matters subject to interpretations at the Supreme Court.
[contextly_sidebar id=”bUIyuaWJXj3cSstw8uN18qMHsPbU5aqp”]It is therefore asking the High Court to throw away the case of the plaintiffs on the basis of lack of jurisdiction. The increases were to take effect from December 14, 2015.
The CEO of the Consumer Protection Agency, Kofi Owusuhene, filed the suit against the VRA, PURC, GridCO and Nedco, to restrain them from implementing the recent 59.2% hike in electricity tariff.
But the High Court on Monday December 21, adjourned the case to 8th January 2016, to allow all the defendants to file the necessary documents for the case to commence.
Mr. Kofi Owusuhene, also known as Kofi Kapito, in his suit filed on Friday December 11, concluded that “the conduct of the PURC is “illegal and unless compelled by the Court, Defendants would continue to overreach Plaintiffs.”
Against this backdrop, the plaintiff is seeking the following reliefs of the court.
a.A declaration that the power 1st Defendant exercises pursuant to Section 3(a) of Act 538 to provide guidelines on rates chargeable for provision of utility services, which includes electricity tariffs is discretionary pursuant to Article 296 of the 1992 Constitution.
b.A declaration that the power 1st Defendant exercises pursuant to Section 3(b) of Act 538 to examine and approve rates chargeable for provision of utility services guidelines on rates chargeable for provision of utility services, including electricity tariffs is discretionary pursuant to Article 296 of the 1992 Constitution.
c.A declaration that 1st Defendant in announcing the 59.2% tariff increases for the benefit of 2nd, 3rd, 4th and 5th Defendants has not acted pursuant to any regulations provided for in any constitutional or statutory instrument as required by Article 296(c) of the 1992 Constitution.
d.A declaration that the Rate Setting Guideline relied on 1st Defendant to announce the 59.2% tariff increases for the benefit of 2nd, 3rd, 4th and 5th Defendants is not regulation(s) provided for in a constitutional instrument or statutory instrument.
e.A declaration that the decision of 1st Defendant to approve 59.2% increases in electricity tariff is unfair in the light of the persistent, irregular and unpredictable power outages pejoratively known as ‘Dumsor’.
f.An order setting aside the 59.2% tariff increases in electricity announced by 1st Defendant for the benefit of 2nd,3rd and 4th Defendants as being illegal and invalid.
g.An order of perpetual injunction restraining 1st Defendant, its officials, assigns, privies, servants, any person claiming under or through it and howsoever described from increasing utility tariffs without publishing regulations in a constitutional or statutory instrument as to the basis of the discretionary power as provided for by Article 296 of the 1992 Constitution.
h.An order of perpetual injunction restraining 2nd, 3rd, 4th and 5th Defendants, their officials, privies, servants, hirelings and underlings and/or any person claiming through them jointly and/or severally and howsoever described from charging electricity tariff increases on the basis of the 59.2% tariff increases announced by 1st Defendant with effect from Monday, the 14th day of December, 2015.
i. General damages
j. Costs
k. Any other relief(s) which this Honorable Court deems just and equitable.
The CPA’s court action follows a rejection of the new tariffs by organized labor which has demanded a reduction and a suspension of the implementation until 2016.
The Trades Union Congress (TUC) after another meeting with the PURC that ended in a stalemate, has announced it will embark on a demonstration to pile pressure on the regulator.
Some political parties have also described the timing of the increase as insensitive particularly going into the Christmas festivities.
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By: Ebenezer Afanyi Dadzie/citifmonline.com/Ghana