Section 118 Electricity Act 2023

Section 118 of the Electricity Act 2023 is about Procedure for acquisition of land and land access rights for electricity projects. It is under Part XII (Acquisition of Land and Access to Land) of the Act.

(1) Acquisition of land and access rights for electricity projects in Nigeria, including projects related to generation, transmission, distribution and supply of electricity shall be through voluntary and compulsory land acquisition procedures in compliance with the provisions of this Act, the Land Use Act and the Commission’s Acquisition of Land and Access Rights for Electricity Projects Regulations or any amendment to it or regulations replacing it.

(2) A generation licensee, transmission licensee, distribution licensee and any other licensee shall be entitled to access rights over lands, buildings and streets for discharging its obligations under its licence to the extent and in the manner prescribed in the Commission’s Acquisition of Land and Access Rights for Electricity Projects Regulation or any amendment to it or regulations replacing it.

(3) Except where acquired through voluntary acquisition procedure, where a licensee, who has been given a right of occupancy over land in accordance with subsection (1), ceases to require the land for the purposes of the licensed activity, the licensee shall —
(a) offer the land to the previous holder of the right of occupancy, for repurchase at an amount equivalent to the value of improvement made on the land by the licensee or permit holder; or
(b) offer the right of occupancy to any other person on such terms and conditions as the Commission may direct where the previous owner declines interest in the lend.