Electricity Act 2023
An Act to repeal the Electric Power Sector Reform Act, No. 6, 2005 and enact the Electricity Act, 2023 to consolidate the laws relating to the Nigerian electricity supply industry, provide a comprehensive legal and institutional framework for the power sector in Nigeria in the areas of electricity generation, transmission, system operation, distribution, supply, trading, enforcement of consumer rights and obligations, provide for a holistic integrated resource plan and policy that recognises all sources for the generation, transmission and distribution of electricity, including the integration of renewable energy to Nigeria’s energy mix and attract investments; and for related matters.
Part I — Preliminary Provisions
Section 1 Electricity Act 2023: Objectives of the Act
Section 2 Electricity Act 2023: Application and scope of the Act
Part Il — National Integrated Electricity Policy and Strategic Implementation Plan
Section 3 Electricity Act 2023: National Integrated Electricity Policy and Strategic Implementation Plan
Section 4 Electricity Act 2023: Periodic review of the National Integrated Electricity Policy
Section 5 Electricity Act 2023: Supervisory powers of the Minister and functions of the Ministry responsible for power
Part III – Development of a Competitive National Electricity Market
Section 6 Electricity Act 2023: Legal validity of pre-privatisation and post-privatisation
Section 7 Electricity Act 2023: Competition during the post- privatisation stage
Section 8 Electricity Act 2023: Declaration of competitive electricity markets
Section 9 Electricity Act 2023: Sale and purchase of electricity and anciliary services
Section 10 Electricity Act 2023: Market rules and grid code
Section 11 Electricity Act 2023: Commission’s directive respecting eligible customers
Section 12 Electricity Act 2023: Commission’s directive respecting competition transition charges
Section 13 Electricity Act 2023: Commission’s determination respecting competition transition charges
Section 14 Electricity Act 2023: Public hearing respecting competition transition charges
Part IV — Incorporation and Licensing of ISO
Section 15 Electricity Act 2023: Incorporation and licensing of the ISO
Section 16 Electricity Act 2023: Subscribers to the constitutional documents of the ISO and its objects
Section 17 Electricity Act 2023: Functions of the ISO
Section 18 Electricity Act 2023: Engagement of technical support
Section 19 Electricity Act 2023: Transfer of employees, assets, and liabilities
Section 20 Electricity Act 2023: Conclusive evidence
Section 21 Electricity Act 2023: Enforcement or coritinuation of any cause of action or proceedings
Section 22 Electricity Act 2023: Limitation. of action against ISO
Section 23 Electricity Act 2023: Release from liability or obligation
Section 24 Electricity Act 2023: Guarantee or surety
Section 25 Electricity Act 2023: Provision of records to the ISO
Section 26 Electricity Act 2023: Further order amending a transfer order.
Section 27 Electricity Act 2023: Directions to the TC’N on matters related to transition
Section 28 Electricity Act 2023: Transfer of employees to the ISO
Section 29 Electricity Act 2023: Exemption from step duty or other charges
Section 30 Electricity Act 2023: Composition and appointment of the Board of the ISO
Section 31 Electricity Act 2023: Term of office of members of the Board
Section 32 Electricity Act 2023: Protection of land belonging to the ISO
Part V — Establishment, Functions and Powers of the Nigerian Electricity Regulatory Commission
Section 33 Electricity Act 2023: Establishment of the Nigerian Electricity Regulatory Commission
Section 34 Electricity Act 2023: Functions and powers of the Commission
Section 35 Electricity Act 2023: Appointment of Commissioners
Section 36 Electricity Act 2023: Terms of office and conditions of service of Commissioners
Section 37 Electricity Act 2023: Conditions for appointment of Commissioners
Section 38 Electricity Act 2023: Vacation of office by Commissioner
Section 39 Electricity Act 2023: Dismissal and suspension of Commissioner
Section 40 Electricity Act 2023: Filling of vacancies in the Commission
Section 41 Electricity Act 2023: Chairman and Vice Chairman of the Commission
Section 42 Electricity Act 2023: Meetings and procedure of the Commission
Section 43 Electricity Act 2023: Remuneration and expenses of Commissioners
Section 44 Electricity Act 2023: Commissioners to disclose certain connections and interests
Section 45 Electricity Act 2023: No invalidity of decisions and acts of the Commission
Section 46 Electricity Act 2023: Proceedings of the Commission
Section 47 Electricity Act 2023: Decisions and orders of the Commission
Section 48 Electricity Act 2023: Commission to give notice to interested parties
Section 49 Electricity Act 2023: Commission to consult experts on technical questions
Section 50 Electricity Act 2023: Question of law may be referred to the Federal High Court
Section 51 Electricity Act 2023: Rehearing and appeals
Section 52 Electricity Act 2023: Annual programmes and budgets of the Commission
Section 53 Electricity Act 2023: Funds of the Commission
Section 54 Electricity Act 2023: Surplus funds of the Commission
Section 55 Electricity Act 2023: The financial year of the Commission
Section 56 Electricity Act 2023:Accounts of the Commission
Section 57 Electricity Act 2023: Audit of the Commission’s accounts
Section 58 Electricity Act 2023: Powers of the auditors
Section 59 Electricity Act 2023: Execution of contracts and instruments by the Commission
Section 60 Electricity Act 2023: Reports of the Commission
Section 61 Electricity Act 2023: Staff of the Commission
Section 62 Electricity Act 2023: Exemption from liability for the Commission
Part VI — Licensing
Section 63 Electricity Act 2023: Authorised persons to generate and transmit electricity
Section 64 Electricity Act 2023: General duties of licensee
Section 65 Electricity Act 2023: Generation licenses
Section 66 Electricity Act 2023: Transmission licenses
Section 67 Electricity Act 2023: System operation license
Section 68 Electricity Act 2023: Distribution and supply licenses
Section 69 Electricity Act 2023: Trading licenses
Section 70 Electricity Act 2023: Restriction on licenses
Section 71 Electricity Act 2023: Application and procedure for licence
Section 72 Electricity Act 2023: Terms and conditions of licences
Section 73 Electricity Act 2023: Renewal of licenses
Section 74 Electricity Act 2023: Amendment of licenses
Section 75 Electricity Act 2023: Intervention powers in failing licensees
Section 76 Electricity Act 2023: Enforcement of license
Section 77 Electricity Act 2023: Sale of undertakings of licenses
Section 78 Electricity Act 2023: Vesting of undertaking in the purchaser
Section 79 Electricity Act 2023: Provision where no purchase takes place
Part VII — Generation of Electricity
Section 80 Electricity Act 2023: Promotion of generation from renewable energy
Section 81 Electricity Act 2023: Directions to generation companies
Part VIII – Establishment of the National Hydroelectric Power Producing Areas Development Commission
Section 82 Electricity Act 2023: Establishment of the Establishment of the National Hydroelectric Power Producing Area Development Commission
Section 83 Electricity Act 2023: Headquarters of the N-HYPPADEC
Section 84 Electricity Act 2023: Establishment, membership and powers of the Governing Council
Section 85 Electricity Act 2023: Supplementary provisions relating to the Council
Section 86 Electricity Act 2023: Powers of the Council
Section 87 Electricity Act 2023: Tenure of office of members of the Council
Section 88 Electricity Act 2023: Cessation of office
Section 89 Electricity Act 2023: Functions of the N-HYPPADEC
Section 90 Electricity Act 2023: Establishment of Directorates of the N-HYPPADEC
Section 91 Electricity Act 2023: Management Committee
Section 92 Electricity Act 2023: Advisory Committee
Section 93 Electricity Act 2023: Appointment of the Managing Director
Section 94 Electricity Act 2023: Pension matters
Section 95 Electricity Act 2023: Fund of the N-HYPPADEC
Section 96 Electricity Act 2023: Expenditure of the N-HYPPADEC
Section 97 Electricity Act 2023: Powers to accept gifts
Section 98 Electricity Act 2023: Borrowing powers
Section 99 Electricity Act 2023: Annual estimates and expenditure
Section 100 Electricity Act 2023: Quarterly report
Section 101 Electricity Act 2023: Annual report
Section 102 Electricity Act 2023: Establishment of the Monitoring Committee
Section 103 Electricity Act 2023: Office premises of the N-HYPPADEC
Section 104 Electricity Act 2023: Directives by the President
Section 105 Electricity Act 2023: Limitation of suits against the N-HYPPADEC
Section 106 Electricity Act 2023: Notice of summons
Section 107 Electricity Act 2023: Indemnity
Part IX — Transmission of Electricity
Section 108 Electricity Act 2023: Demarcation of transmission into National Control Centre
Section 109 Electricity Act 2023: Private sector investment in transmission network
Section 110 Electricity Act 2023: Fair spread of private sector investment in transmission network
Section 111 Electricity Act 2023: Commission to issue directives to the transmission licensee
Section 112 Electricity Act 2023: Public and private partnerships to facilitate transmission of electricity within a State
Part X — Distribution and Supply of Electricity
Section 113 Electricity Act 2023: Distribution and Supply Network and Renewable Energy
Section 114 Electricity Act 2023: Installation of meters
Section 115 Electricity Act 2023: Disconnection of supply in default of payment
Part XI— Tariffs and Subsidies
Section 116 Electricity Act 2023: Activities subject to tariff regulation
Section 117 Electricity Act 2023: Provision of electricity subsidy by government
Part XII— Acquisition of Land and Access to Land
Section 118 Electricity Act 2023: Procedure for acquisition of land and land access rights for electricity projects
Part XIII — Consumer Protection and Licensee Performance Standards
Section 119 Electricity Act 2023: Consumer protection standards
Section 120 Electricity Act 2023: Performance standards and codes
Part XIV — Competition and Market Power
Section 121 Electricity Act 2023: Competition and rnarket power
Part XV — the Power Consumer Assistance Fund
Section 122 Electricity Act 2023: Establishment of the Power Consumer Assistance Fund
Section 123 Electricity Act 2023: Contribution rates for the PCAF
Section 124 Electricity Act 2023: Contribution payments for the PCAF
Section 125 Electricity Act 2023: Payments from the PCAF
Section 126 Electricity Act 2023: Fine for non-payment of money owed
Part XVI — Rural Electrification Agency
Section 127 Electricity Act 2023: Establishment of the Rural Electrification Agency
Section 128 Electricity Act 2023: Objectives of the Agency
Section 129 Electricity Act 2023: Functions and powers of the Agency
Section 130 Electricity Act 2023: Establishment and composition of the Covering Board of the Agency
Section 131 Electricity Act 2023: Tenure of members of the Board
Section 132 Electricity Act 2023: Cessation of membership of the Board
Section 133 Electricity Act 2023: Allowances of the Chairman and non-executive members of the Board
Section 134 Electricity Act 2023: Powers of the Board
Section 135 Electricity Act 2023: Meeting and proceedings of the Board
Section 136 Electricity Act 2023: Secretary of the Board
Section 137 Electricity Act 2023: Managing Director and chief executive officer of the Agency
Section 138 Electricity Act 2023: Other staff of the Agency
Section 139 Electricity Act 2023: Pension and gratuity
Section 140 Electricity Act 2023: Structure of the Agency
Section 141 Electricity Act 2023: Functions of Executive Directors and Directorates of the Agency
Section 142 Electricity Act 2023: Establishment of the Rural Electrification Fund
Section 143 Electricity Act 2023: Purpose of the REF
Section 144 Electricity Act 2023: Management of the REF
Section 145 Electricity Act 2023: Contribution rates for the Rural Electrification REF
Section 146 Electricity Act 2023: Contribution payment for REF
Section 147 Electricity Act 2023: Criteria for allocation of the REF
Section 148 Electricity Act 2023: Fine for non-payment of amount owed
Section 149 Electricity Act 2023: Expenditure of the Agency
Section 150 Electricity Act 2023: Exemption from income tax
Section 151 Electricity Act 2023: Supervisory powers of the Minister
Section 152 Electricity Act 2023: States Rural Electrification Boards and Local Government Rural Electrification Committees
Section 153 Electricity Act 2023: Relationship between the Agency and State Rural Electrification Boards
Section 154 Electricity Act 2023: Progress reports
Section 155 Electricity Act 2023: Monitoring of rural electrification projects
Section 156 Electricity Act 2023: Power to accept gifts
Section 157 Electricity Act 2023: Power to borrow
Section 158 Electricity Act 2023: Estimates of the Agency
Section 159 Electricity Act 2023: Accounts and audits
Section 160 Electricity Act 2023: Annual report
Section 161 Electricity Act 2023: Limitation of suits against the Agency
Section 162 Electricity Act 2023: Restriction on execution of suits against the property of the Agency
Section 163 Electricity Act 2023: Indemnity
Part XVII— Renewable Energy and Energy Efficiency
Section 164 Electricity Act 2023: Communication to promote the development and utilisation of renewable energy
Section 165 Electricity Act 2023: Commercial activities for renewable energy
Section 166 Electricity Act 2023: Renewable Energy incentives and standards
Section 167 Electricity Act 2023: Considerations for renewable purchase obligation
Section 168 Electricity Act 2023: Feed -in tariffs rates
Section 169 Electricity Act 2023: Approval of feed-in tariffs rates
Section 170 Electricity Act 2023: Publication of feed -in tariff rates
Section 171 Electricity Act 2023: Connection to transmission and distribution systems
Part XVIII — Nigerian Electricity Management Services Agency
Section 172 Electricity Act 2023: Establishment and Nigerian Electricity Management Services Agency
Section 173 Electricity Act 2023: Establishment and membership of the Governing Board
Section 174 Electricity Act 2023: Tenure of office
Section 175 Electricity Act 2023: Powers of the Governing Board
Section 176 Electricity Act 2023: Objectives and functions of the NEMSA
Section 177 Electricity Act 2023: Appointment of the Managing Director and chief executive officer and other staff of the NEMSA
Section 178 Electricity Act 2023: Service to be subject to the Pension Reform Act
Section 179 Electricity Act 2023: Funds of the NEMSA
Section 180 Electricity Act 2023: Annual report
Section 181 Electricity Act 2023: Access to premises and other enforcement powers
Section 182 Electricity Act 2023: Supervisory powers of the Minister
Section 183 Electricity Act 2023: Regulations
Section 184 Electricity Act 2023: General provisions
Part XIX — National Power Training Institute of Nigeria
Section 185 Electricity Act 2023: Establishment of the National Power Training Institute of Nigeria
Section 186 Electricity Act 2023: Functions and powers of the Institute
Section 187 Electricity Act 2023: Establishment and membership of the Governing Council
Section 188 Electricity Act 2023: Functions of the Council
Section 189 Electricity Act 2023: Tenure of members of the Council
Section 190 Electricity Act 2023: Cessation of membership of the Council
Section 191 Electricity Act 2023: Allowances of the Chairman and members of the Council
Section 192 Electricity Act 2023: Filling of vacancies in the Council
Section 193 Electricity Act 2023: The Director-General and other staff o the Institute
Section 194 Electricity Act 2023: The Secretary of the Council
Section 195 Electricity Act 2023: Academic Board of the Institute
Section 196 Electricity Act 2023: Functions and powers of the Academic Board
Section 197 Electricity Act 2023: Composition of the Academic Board
Section 198 Electricity Act 2023: Financial statement, annual budget and estimates
Section 199 Electricity Act 2023: Annual report of the Institute
Section 200 Electricity Act 2023: Fund of the Institute
Section 201 Electricity Act 2023: Expenditure of the Institute
Section 202 Electricity Act 2023: Establishment of the Power Training Fund
Section 203 Electricity Act 2023: Utilisation of the power Training Fund
Section 204 Electricity Act 2023: Exemption of Fund from income tax
Section 205 Electricity Act 2023: Supervisory powers of the Minister
Section 206 Electricity Act 2023: Limitation of suits against the Institute
Section 207 Electricity Act 2023: Power to make regulations
Part XX — Offences and Penalties
Section 208 Electricity Act 2023: Theft of electricity
Section 209 Electricity Act 2023: Theft of electric lines and materials
Section 210 Electricity Act 2023: Offence of receiving stolen electricity
Section 211 Electricity Act 2023: Interference with meters or works of licensees
Section 212 Electricity Act 2023: Negligently breaking or damaging electricity materials
Section 213 Electricity Act 2023: Intentionally disrupting power supply
Section 214 Electricity Act 2023: Offence relating to damage to public streetlights
Section 215 Electricity Act 2023: Contravention of regulations or orders
Section 216 Electricity Act 2023: False declaration
Section 217 Electricity Act 2023: Offences by companies
Section 218 Electricity Act 2023: Abetment
Section 219 Electricity Act 2023: Unlawful use of information by inspector
Section 220 Electricity Act 2023: Obstruction and impersonation
Section 221 Electricity Act 2023: Power to prosecute
Section 222 Electricity Act 2023: Power to compound offences
Section 223 Electricity Act 2023: Jurisdiction to try offences
Part XXI — Miscellaneous and Supplementary Provisions
Section 224 Electricity Act 2023: Exemption of electric lines or electric plants from attachment in certain cases
Section 225 Electricity Act 2023: Power of the licensee to enter premises and to remove fittings or other apparatuses of the licensee
Section 226 Electricity Act 2023: Power of the Commission to make regulations
Section 227 Electricity Act 2023: Local content in the power sector
Section 228 Electricity Act 2023: Protection of investments in the power sector
Section 229 Electricity Act 2023: Functions of the Council
Part XXII — Final Provisions
Section 230 Electricity Act 2023: Consequential and transitional provisions
Section 231 Electricity Act 2023: Repeal and savings provisions
Section 232 Electricity Act 2023: Interpretation
Section 233 Electricity Act 2023: Citation
Schedules: Not Available
