Section 105 Electricity Act 2023

Section 105 of the Electricity Act 2023 is about Limitation of suits against the N-HYPPADEC. It is under Part VIII (Establishment of the National Hydroelectric Power Producing Areas Development Commission) of the Act.

(1) Subject to the provisions of this Act, the provisions of Public Officers Protection Act shall apply in relation to any suit instituted against any officer or employee of the N-HYPPADEC.

(2) Notwithstanding anything contained in any other law or enactment, a suit shall not –
(a) lie against any member of the Council of the Managing Director for any act done under or in execution of this Act or any other law or enactment, or of any public duty or authority or in respect of any alleged neglect or default in execution of this Act or such law or enactment, duty or authority; and

(b) be instituted in any court unless —
(i) it is commenced within three months next after the act, neglect or default complained of, or
(ii) in the case of a continuation of damage or injury, within six months next after the ceasing of such damage or injury.

(3) A suit shall not be commenced against a member of the Council, the Managing Director, officer or employee of the N-HYPPADEC before the expiration or a period of one month after writen notice or intention to commence the suit shall have been served upon the N-HYPPADEC by the intending plaintiff and the relief which he claims.

(4) The notice referred to in subsection (3) shall clearly and explicitly state the —
(a) cause of action;
(b) particulars of the claim:
(c) name and place of abode or the intending plaintiff, and
(d) he relief which he claims