Court restrains BPE, NERC others over planned sale of Jos Disco’s shares

The Federal High Court, Abuja, has restrained the Bureau of Public Enterprises (BPE), the Nigerian Electricity Regulatory Commission (NERC), Scams Energy Limited and four others from taking any further steps in relation to the alleged plan to sell some shares of the Jos Electricity Distribution Company (JEDC).

Also to be affected by the court’s order are Aura Energy Limited, Highland Dsco Acquisition Limited, JEDC and Sushi Energy Limited, all named as defendants in a suit marked: FHC/ABJ/CS/729/2020, filed by two aggrieved stakeholders in JEDC – MBS Merchant Limited and Masanawa Enterprises Co. Ltd – through their lawyer, Mahmud Magaji (SAN).

Justice Taiwo Taiwo in an ex-parte ruling Wednesday agreed that the interest of his clients would be jeopardised should the planned sale of 50 per cent of Aura Energy in JEDC to Highland Disco be effected before the determination of the substantive suit.

Justice Taiwo further granted an order of interim injunction “restraining the defendants/respondents jointly and severally either by themselves or their agents, assigns and privies in whatever name so called from selling, leasing or transferring the 50% shares of Aura Energy Limited in Jos Electricity Distribution Company to Highland Disco Acquisition Limited or any other entity pending the determination of the motion on notice.”

The judge equally granted an order of interim injunction “restraining the defendants/respondents jointly and severally either by themselves or their agents, assigns and privies in whatever name so-called from taking any steps culminating in the sale, lease of transferring the 50 per cent shares of Aura Energy Limited in Jos Electricity Distribution Company to Highland Disco Acquisition Limited or any other entity pending the determination of the motion on notice.”

Justice Taiwo further stated: “An order of interim injunction is hereby made restraining the 5th defendant/respondent (BPE), its agents, assigns and privies in whatever name so called from giving its consent to the 2nd defendant/respondent (Aura Energy) with respect to selling, leasing or transferring the 50% shares of Aura Energy Limited in Jos Electricity Distribution Company to Highland Disco Acquisition Limited or any other entity pending the determination of the motion on notice.

“An order of interim injunction is hereby made restraining the sixth defendant/respondent (NERC), its agents, assigns and privies in whatever name so called from giving its consent/approval to the 2nd defendant/respondent with respect to selling, leasing or transferring the 50% shares of Aura Energy Limited in Jos Electricity Distribution Company to Highland Disco Acquisition Limited or any other entity pending the determination of the moon on notice.”
Justice Taiwo ordered the plaintiffs to put all the defendants on notice about the orders of injunction granted by the court.

He further ordered the plaintiffs to ensure that all the defendants are served with all the processes, including the writ of summons and the statement of claim.

The judge then adjourned to a later date for further proceedings in the case.