Benin Electricity Distribution Company (BEDC) Plc has approached the Court of Appeal, Akure Division, seeking an urgent order to halt the auction of three operational Toyota Hilux vehicles seized to enforce a N20 million judgment.
The company argued that selling the vehicles before its appeal was heard would render the appeal nugatory and cause irreparable harm to its operations.
In an affidavit sighted by the News Agency of Nigeria (NAN) on Saturday in Benin, BEDC’s Senior Legal Officer, Mr Victor Mukoro, said the company also filed an affidavit of urgency.
He urged the court to hear the application before the scheduled auction.
Mukoro said the request became necessary because the Court of Appeal was currently on vacation, while the auction was scheduled for July 20.
Court documents showed that BEDC filed a motion seeking an interlocutory injunction restraining retired Justice Williams Akinlolu Akintoroye and the Sheriff of the Ondo State High Court from auctioning the vehicles.
The company also sought an order restraining the respondent, the sheriff, and their agents from disposing of any of its property pending the determination of the appeal.
NAN reports that the application followed a May 4 judgment by Justice Williams Olamide of the Ondo State High Court, awarding N20 million in damages over estimated electricity billing.
BEDC filed a notice of appeal on May 6, challenging the judgment on the grounds of jurisdiction, limitation of action, and the award of damages, which it described as excessive.
The company argued that the cause of action arose years before the suit was instituted in 2024 and was therefore statute-barred.
It also maintained that estimated electricity billing was governed by statutory provisions and regulations issued by the Nigerian Electricity Regulatory Commission .
Mukoro said the trial court dismissed BEDC’s application for a stay of execution on June 9, prompting the issuance of a writ of attachment.
He said the writ led to the seizure of three operational Toyota Hilux vehicles valued at about N200 million.
“The company was later served with a notice that the vehicles would be auctioned at the Ondo State High Court in Akure on July 20,” he said.
Mukoro argued that the vehicles were worth far more than the N20 million judgment debt and that their sale would cause a disproportionate loss.
He said the Toyota Hilux vehicles formed part of BEDC’s operational fleet serving Edo, Ondo, Ekiti, and Delta states.
“Disposing of the vehicles before the appeal is determined could frustrate the appeal if the company ultimately succeeds,” he said
