The Society of Public Interest Lawyers in Nigeria (SPI-LAW) has instituted an action before the Federal High Court in Lagos seeking judicial interpretation of the ownership structure and valuation framework governing Nigeria’s Electricity Distribution Companies.
The suit, FHC/LAG/CS/1213/2026, was filed on September 1 by the Incorporated Trustees of SPI-LAW against the Attorney-General of the Federation, Ministry of Finance Incorporated, Bureau of Public Enterprises, Nigerian Electricity Regulatory Commission and National Council on Privatisation.
At the centre of the action is the question of whether investments and infrastructure contributions made by state governments and subsequently valued under an approved privatisation framework should translate into legally enforceable equity interests in the DisCos.
SPI-LAW is asking the court to determine, among other questions, whether resolutions of the National Council on Privatisation concerning state participation in DisCo ownership are binding on the relevant government agencies.
The organisation is also seeking judicial clarification on the legal effect of a 2018 NERC valuation report relating to investments and contributions attributed to state governments.
The suit further raises questions about the respective roles of MOFI and BPE in the custody, control and administration of the Federal Government’s interests in the distribution companies. SPI-LAW contends that dealings with federal equity should not prejudice whatever interests may legally accrue to state governments under the privatisation framework.
The originating summons was taken out by a legal team including Aderemi Oguntoye, SAN, Kunle Edun, SAN, John Aikpokpo Martins and Solomon Oho.
The defendants are expected to respond to the claims, and no determination has yet been made on the merits.
Source: TheNigeriaLawyer
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