Section 51 Electricity Act 2023
Section 51 of the Electricity Act 2023 is about Rehearing and appeals. It is under Part V (Establishment, Functions and Powers of the Nigerian Electricity Regulatory Commission) of the Act.
(1) Subject to this section, any person who is aggrieved by —
(a) a decision of the Commission not to issue a license,
(b) any term or condition of a license issued to him, or a refusal by the Commission to specify a term or condition of a licence,
(c) a refusal by the Commission to renew a licence,
(d) any amendment of a licence or refusal by the Commission to amend a licence,
(e) the cancellation of a licence,
(f) the grant or refuse) by the Commission to grant any approval or authority in terms of this Act,
(g) the outcome of any arbitration or mediation by the Commission of any dispute between licensees,
(h) a decision of the Commission with respect to prices or tariffs, or
(i) any other decision of the Commission, may apply to the Commission for review of the decision, order or refusal.
(2) The Commission may, reconsider, vary or rescind its decision before issuing a final decision in accordance with such procedures as the Commission may, establish;
Provided that such review or reconsideration shall be completed within 30 days of the date it was requested.
(3) Any person dissatisfied with the decision of the Commission under subsection (2) shall, subject to the rules of the Federal High Court, within 30 days from the date the final decision of the Commission was reached, file an appeal to the Federal High Court.
(4) The Federal High Court may affirm, modify or set aside the decision of the Commission reached under subsection (2).
(5) An action shall not be instituted by any person aggrieved by a decision of the Commission without exhausting all internal dispute settlement mechanisms provided under the provisions of this Act.
