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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% increase in elec­tricity tariffs announced by the Public Utility Reg­ulatory Commission (PURC) has been ad­journed to January 8.

The adjournment came after lawyers for CPA and PURC appeared before the Accra High Court yester­day.

When sitting resumed, Kweku Ansah, counsel for PURC, informed the court that he had filed mo­tion to set aside an inter­locutory injunction by the CPA.

Justice Norvisi Aryene, who presided, said she had no record to that ef­fect.

Egbert Faibille Jun­ior, counsel for the CPA, 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 PURC to­gether with the Electricity Company 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, Kofi Owusuhene, a.k.a. Kofi Capito.

CPA is seeking an order of perpetual injunction re­straining 1st 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 1st 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.

CPA is further seeking a declaration that the power 1st 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 1st Defendant to approve 59.2% increases in electricity tariff is unfair in the light of the persistent, irregular and unpredictable power outages pejoratively known as 'dumsor'.

 

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