An Accra High Court will today [Monday] hear a suit filed by the Consumer Protection Agency (CPA) seeking the Court to set aside the 59.2% increase in electricity tariff announced by the Public Utility Regulatory Commission (PURC).<\/p>\n
The agency, which sued the Public Utilities Regulatory Commission (PURC) alongside the Electricity Corporation of Ghana, (ECG) the Volta River Authority, (VRA)the Ghana Grid Company (Gridco) as well as the Northern Electricity Development Company argues that, stakeholders in the power production and supply chain have failed to live up to expectation, hence their decision to stop the implementation which was expected to take effect from Monday December 14, 2015.<\/p>\n
Meanwhile the PURC on Friday 18th December also filed a suit at the court seeking to set aside the case brought against it by the Consumer Protection Agency.<\/p>\n
[contextly_sidebar id=”FNrTFOAJqlpCKVRujpl1EgpXrjLhlfrK”]The Chief Executive Officer of the agency, Kofi Owusuhene, otherwise known as Kofi Capito, who filed the suit on Friday December 11, concluded that \u201cthe conduct of the PURC is \u201cillegal and unless compelled by the Court, Defendants would continue to overreach Plaintiffs.\u201d<\/p>\n
Against this backdrop, the plaintiff is seeking the following reliefs of the court.<\/p>\n
a.<\/strong>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.<\/p>\n b.<\/strong>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.<\/p>\n c.<\/strong>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.<\/p>\n d.<\/strong>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.<\/p>\n e.<\/strong>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 \u2018Dumsor\u2019.<\/p>\n f.<\/strong>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. h.<\/strong>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.<\/p>\n i.<\/strong> General damages<\/p>\n j.<\/strong> Costs<\/p>\n k.<\/strong> Any other relief(s) which this Honorable Court deems just and equitable.<\/p>\n The CPA\u2019s 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.<\/p>\n The Trades Union Congress has further demanded a fresh meeting with the PURC over the increases.<\/p>\n Some political parties have also described the timing of the increase as insensitive particularly going into the Christmas festivities.<\/p>\n \u2013
\ng.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.<\/p>\n
\nBy: Ebenezer Afanyi Dadzie\/citifmonline.com\/Ghana<\/p>\n