Section 181 Electricity Act 2023
Section 181 of the Electricity Act 2023 is about Access to premises and other enforcement powers. It is under Part XVIII (Nigerian Electricity Management Services Agency) of the Act.
(1) For the purpose of performing the functions of the Agency, the chief executive officer or any other performing officer of the NEMSA, authorised in that behalf shall —~
(a) have a right of access to all premises and the technical records of any institution or establishment engaged in electricity material supply and installation; and
(b) by notice in writing served on a person in charge of any institution or authority mentioned in subsection (1) (a), require that person or establishment to furnish information on such matters as may be specified by the notice.
(2) A person or establishment required to furnish information under subsection (1) shall comply with the notice within the period of time specified in the notice.
(3) The NEMSA may obtain a court warrant to enter and search any property in the exercise of its functions.
(4) Where it appears to the NEMSA that a breach of electrical technical standard, regulation or of any interest the NEMSA is mandated to protect is taking place, the NEMSA may publish a notice in such manner as it considers appropriate to draw attention of other person affected or likely to be affected by the contravention or threatened contravention —
(a) specifying the actual or potential contravention;
(b) directing the person or establishment: concerned to do or not to do such things as they may be specified:
(c) specifying the remedy and the timescale for compliance; and
(d) notifying the person or establishment concerned of its intention to issue an enforcement o-der.
(5) A person or establishment affected by the notice specified in subsection (4) is entitled to make representations against or in support of the enforcement notice by a date specified in the notice.
(6) A person or establishment concerned fails to comply with a notice served under subsection (4), the NEMSA may issue an enforcement order.
(7) A person who fails to comply with an enforcement order, commits an offence and is liable on conviction to a fine of M1 ,000,000 or imprisonment for a term of three months or both.
(8) The NEMSA shall not issue an enforcement order if —
(a) a person or establishment concerned is able to demonstrate to the satisfaction of the NEMSA that it is not in breach of any standard, or regulation; and
(b) the breach was not intentional, and it has been remedied.
(9) Where a person or establishment concerned fails to comply with an enforcement order, the NEMSA may institute legal proceedings against them in any court to compel compliance.
