A civil society group, the Foundation for Environmental Rights Advocacy and Development (FENRAD), has issued a formal regulatory directive and pre-action notice to the Abia State Electricity Regulatory Agency (ASERA), citing persistent electricity failures in Aba and alleged regulatory lapses.
In a statement released in Aba, Abia State, FENRAD accused Aba Power Limited Electric of prolonged outages, erratic voltage supply, and poor communication with consumers within the Aba Ring-Fence area, warning that the situation is crippling economic activities in the city.
“Aba, as a critical industrial hub, cannot sustain economic productivity under such unreliable electricity conditions,” the group said, adding that “the situation has now reached a threshold requiring immediate regulatory intervention backed by law.”
FENRAD anchored its directive on provisions of the Electricity Act, 2023, as well as transitional regulatory guidelines issued by the Nigerian Electricity Regulatory Commission (NERC), which empower state regulators like ASERA to oversee intrastate electricity markets and enforce compliance.
The group noted that the law guarantees consumer rights, including fair billing, service quality standards, mandatory communication, and compensation for service failures.
According to FENRAD, “Aba Power Limited Electric remains fully accountable under both federal transitional rules and state regulatory authority,” stressing that no operator is exempt from regulatory oversight during the transition period.
Citing legal precedents, the organisation said Nigerian courts have consistently upheld consumer protection in the power sector, particularly against arbitrary billing and poor service delivery.
FENRAD listed several alleged regulatory breaches in Aba, including “violation of statutory service obligations,” “failure to meet minimum technical and operational standards,” and “abuse of dominant market position.”
The group also accused ASERA of regulatory inaction, which it said is inconsistent with its statutory responsibilities.
As part of its demands, FENRAD called on ASERA to immediately conduct a forensic audit of Aba Power Limited Electric, assess its infrastructure and financial compliance, and impose sanctions for prolonged outages.
“ASERA must establish clear performance benchmarks, impose penalties for service failures, and issue binding corrective directives with defined timelines,” the statement said.
FENRAD further urged the regulator to review the Aba Ring-Fence licensing structure, introduce competitive access models, and consider unbundling the system to address what it described as monopoly control.
On consumer protection, the group demanded strict enforcement of metering regulations, fair billing practices, and compensation for affected residents and businesses.
It also called for improved transparency, including the publication of monthly performance reports and the establishment of effective consumer complaint mechanisms.
FENRAD warned that failure by ASERA to act within a reasonable timeframe would trigger legal and regulatory escalation.
“Take notice that failure by ASERA to act will compel FENRAD to file formal regulatory petitions, initiate public interest litigation, and petition federal oversight institutions, including NERC,” the group stated.
The organisation also appealed to the Abia State Government to support ASERA in enforcing the Electricity Act and restoring a reliable power supply in Aba.
“Electricity is not a privilege; it is a legal right and economic necessity. Any operator that fails to deliver while exploiting consumers violates both statutory law and public trust,” said Comrade Nelson Nnanna Nwafor, Executive Director of FENRAD.
