PURC, CPA case over tariffs to be heard on January 8
A suit filed by the Consumer Protection Agency (CPA) seeking to set aside the 59.2 per cent increase in electricity tariff announced by the Public Utilities Regulatory Commission (PURC) has been adjourned to January 8.
The adjournment came after lawyers for CPA and PURC appeared before the Accra High Court on Monday.
When sitting resumed, Mr Kweku Ansah, Counsel for PURC, informed the Court that he had filed motion to set aside an interlocutory injunction by the CPA.
Presiding over the court, Mrs Justice Norvisi Aryene said she had no record to that effect.
Mr Egbert Faibille Junior, Counsel for the Consumer Protection Agency, said there was the need for the Court to hear the matter with urgency since the issue at stake bordered on increases in tariffs.
CPA has sued the Public Utilities Regulatory Commission together with the Electricity Corporation of Ghana (ECG), the Volta River Authority (VRA), the Northern Electricity Development Company and Ghana Grid Company Limited (GRIDCO).
PURC has, however, filed a motion to set aside the case of CPA.
CPA in its suit contended that the conduct of PURC was illegal and unless compelled by a court, the defendants would continue to overreach CPA and its Chief Executive officer, Mr Kofi Owusuhene, also known as Kofi Capito.
CPA is seeking an order of perpetual injunction restraining the first 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.
The authority is seeking a declaration that the power first defendant exercises in 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.
The authority is praying for a declaration that the decision of the first defendant to approve 59.2 per cent increases in electricity tariff is unfair in the light of the persistent, irregular and unpredictable power outages pejoratively known as ‘Dumsor’.