Section 76 Electricity Act 2023

Section 76 of the Electricity Act 2023 is about Enforcement of license. It is under Part VI (Licensing) of the Act.

(1) Without derogation from its powers under section 75, where the Commission is satisfied that a licensee is contravening, has contravened or is likely to contravene any of the conditions of the licence, the Commission may serve upon the licensee an order —

(a) requiring the licensee to do, or not to do, such things as are specified in the order for the purpose of rectifying or avoiding any contravention or threatened contravention of any condition of the licence:

(b) stipulating the period within which any requirement referred to in subsection (1) (a) shall be commenced and completed: and

(c) which shall be published by the Commission in such manner as it considers appropriate to draw the attention of other persons affected or likely to be affected by the contravention or threatened contravention of the licence.

(2) Before serving an order under subsection (1), the Commission shall serve a notice upon the licensee concerned –
(a) specifying the grounds upon which the order is to be issued and what the Commission considers reasonably necessary for the purpose of rectifying or avoiding any contravention or threatened contravention of any
condition of the licence;

(b) stipulating the maximum period that the Commission considers reasonable for the implementation of any requirement it proposes to order; and
(c) allowing the licensee, to make representations to the Commission within such period from the date of service of the notice as it shall specify.

(3) After considering any representations made under subsection (2)(c), the Commission may serve, or refrain from or defer servinz, an order under subsection (1), or serve an order on different terms.

(4) An order served under subsection (1) may specify a penalty for each day that the licensee subjected to the order is in default of compliance with the order, not to exceed N20,000,000 for each day.