Court restrains BPE, NERC others from selling Jos Disco’s shares

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

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Justice Taiwo, in an ex-parte ruling, ordered all the parties in the suit to stop any action pending the determination of the matter.

The applicants are MBS Merchant Limited and Masanawa Enterprises Co. Ltd, other defendants in the matter are Scams Energy Limited, Aura Energy Limited, Highland Dsco Acquisition Limited, JEDC and Sushi Energy Limited.

Counsel to the applicants, Mahmud Magaji, SAN, in a suit number: FHC/ABJ/CS/729/2020, argued 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 was effected before the determination of the substantive suit.

Justice Taiwo, therefore, 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 per cent shares of Aura Energy Limited in Jos Electricity Distribution Company to Higland 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.”

The judge further said: “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 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.

“An order of interim injunction is hereby made restraining the 6th 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 were served with all the processes, including the writ of summons and the statement of claim.

The judge then adjourned until a later date to be issued by the court for further proceedings in the case. NAN

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