NIGERIAN ELECTRICITY MANAGEMENT SERVICES AUTHORITY (NEMSA) ACT, 2015
This Act establishes the Nigerian Electricity Management Services Authority (NEMSA), to carry out the functions of enforcement of technical standards and regulations, technical inspection, testing and certification of all categories of electrical installations, electricity meters and instruments etc., to ensure the efficient production and delivery of safe, reliable and sustainable electricity power supply and guarantee safety of lives and property in the Nigerian electricity supply industry
ARRANGEMENT OF SECTIONS
PART I- ESTABLISHMENT OF THE NIGERIAN ELECTRICITY MANAGEMENT SERVICES AUTHORITY (NEMSA), ITS GOVERNING BOARD AND MANAGEMENT TEAM
PART 2 – FUNCTIONS, PUWERS AND RESPONSIBILITIES OF THE NIGERIAN ELECTRICITY MANAGEMENT SERVICES AUTHORITY (NEMSA)
PART 3 – STAFF OF THE AUTHORITY
PART 4 – FINANCIAL PROVISIONS
PART 5 – MISCELLANEOUS
NIGERIAN ELECTRICITY MANAGEMENT SERVICES AUTHORITY ACT, 2015
An Act to establish the Nigerian Electricity Management Services Authority (NEMSA), to carry out the functions of enforcement of technical standards and regulations, technical inspection, testing and certification of all categories of electrical installations, electricity meters and instruments etc., to ensure the efficient production and delivery of safe, reliable and sustainable electricity power supply and guarantee safety of lives and property in the Nigerian electricity supply industry.
BE IT ENACTED by the National Assembly of the Federal Republic of Nigeria as follows:
PART I – ESTABLISHMENT OF THE NIGERIAN ELECTRICITY MANAGEMENT SERVICES AUTHORITY (NEMSA), ITS GOVERNING BOARD AND MANAGEMENT TEAM
Establishment of the Authority
1-(1) There is hereby established an authority to be known as the Nigerian Electricity Management Services Authority (NEMSA), in this Act referred to as the Authority. The Authority shall be a body corporate with perpetual succession, common seal, and may sue and be sued in its corporate name and, subject to this Act, perform all acts that bodies corporate may by law perform.
(2) The headquarters of the Authority shall be in Abuja.
(3) The Electricity Management Services PLC (EMS) incorporated in 2007 shall be taken over by NEMSA for the purposes of this Act and the personnel thereof shall be deemed to have been appointed under conditions on which they were appointed in EMS.
Establishment and Membership of the Governing Board of the Authority
(2) The Board shall consist of the following members:
(a) A Chairperson who shall be appointed by the President of the Federal Republic of Nigeria on the recommendation of the Minister of Power and who must be a highly respected person of impeccable character and who has experience in the electricity industry;
(b) One person from each of the six geopolitical zones of the country appointed by the President of the Federal Republic of Nigeria Oil the recommendation of the Minister of Power;
(c) The Managing Director/Chief Executive Officer of the Authority hereinafter referred to as the Chief Executive Officer;
(d) The representative of Federal Ministry of Power;
(e) The representative of Federal Ministry of Finance.
(3) The General Manager Legal of the Authority shall be the Secretary of the Board.
(4) In choosing the appointed six (6) members of the board under Subsection (2.2) (b), the Minister shall consider each proposed member’s character, competence, professional and practical experience in the Nigerian Electricity Supply Industry (NESI).
(5) No member of the Board shall have any share or interest, whether in his own. Dame or otherwise, in any company or other body corporate or an association of persons (whether incorporated or not), or a firm engaged in the business of generation, transmission and distribution and trading of electricity or fuel for the generation thereof or in the manufacture of electrical equipment.
Tenure of office of Board Members
3.-(1) A member of the Board appointed otherwise than by office shall hold office for a period of three years and shall be eligible for re-appointment for only one further period of three years, which shall be on part time basis.
(2) The office of a member of the board shall become vacant if:
(a) He resigns as a member of the board by notice in writing under his hand addressed to the minister; or
(b) The minister is satisfied that it is not in the interest of the board for the member to continue in office and, upon the approval of the President, notifies the member in writing to that effect.
Powers of the Board
(a) Make broad policy and oversee the affairs of the Authority;
(b) Provide policy guidelines for carrying out the functions of the Authority;
(c) Approve the payment to the staff of the Authority such remunerations and allowances as are approved by the Salaries and Wages Commission;
(d) Approve the appointment, promotion and discipline of management staff of the rank of Assistant General Manager and above;
(e) Do such other things as are necessary and expedient for the efficient performance of the functions of the Authority.
5.-(1) The management team of the Authority shall consist of the following members:
(a) The Managing Director/Chief Executive Officer;
(b) The three executive directors of the Authority;
(c) The six most senior General managers in the Authority.
(2) The General Manager Legal of the Authority shall be the Secretary of the management team.
PART 2 – FUNCTIONS, POWERS AND RESPONSIBILITIES Or THE NIGERIAN ELECTRICITY MANAGEMENT SERVICES AUTHORITY (NEMSA)
Objectives and Functions of the Authority
(a) To carry out electrical inspectorate services for the NESI;
(b) To enforce all statutory electrical standards and regulations, in particular, but not limited to, Regulations No. S.1.5 of 1996 (Electrical Installation Regulations) and Regulations No. S.1.6 of 1996 (Electricity Supply Regulations);
(c) To ensure that all major electrical materials and equipment used in Nigeria are of the right quality and standards:
(d) To ensure that the power systems and networks put in place have been properly executed before use, to ensure that such systems are capable of delivering safe, reliable and sustainable electricity supply to consumers nationwide;
(e) To specify technical standards for electrical plants, electric lines and connectivity to the grid;
(f) To specify safety requirements for construction, operation and maintenance of electrical power plants, transmission system, distribution networks and electric lines:
(g) To specify the conditions for installation of meters for transmission systems, distribution networks and supply of electricity:
(h) To carry out the duties of inspecting engineers for inspection, testing and certification of all categories of electrical installation in the NESI:
(i) To provide comprehensive technical support services that will guarantee the efficient production and delivery of safe and reliable power supply and enhance efficient service delivery industry- Wide;
(j) To provide sustained technical inspection, testing and certification of all electrical materials, equipment, power systems, networks (generation, transmission .and distribution), electrical installations etc to be used in the power sector, to ensure a stable system to deliver safe, reliable, regular power Supply, guarantee safety of lives and property, and avert loss of lives and property in the NESI;
(k) To test transformer oils, chemicals, major electrical equipment used in the NESI;
(m) To test and certify electrical installations in hazardous locations such as in filling station, prospecting oil companies, off and onshore flow stations/wells, Floating Production Storage and Offloading (FPSO) vessels etc;
(n) To process and issue competency certificates and electrical installation licences to qualified electrical personnel and contractors working in the NESI.
(0) To regularly carry out periodic inspection, monitoring and assessment of existing power plants/stations, installations, extra high voltage (EHV) and high voltage (\-IV) transmission lines with associated transmitting or switching stations and distribution networks to ensure that they are in regular fitness to generate, transmit, distribute and deliver reliable and safe power supply to the electricity consumers nationwide.
(p) To regularly monitor the compliance level of the regulations, standards and specifications used in the NESI;
(q) To carry out or cause to be carried out investigation of electrical accidents and electrocutions (outright deaths) in connection with generation, transmission, distribution, supply or use or electricity with a view to finding out the causes, and to enforce remedial measures and proffer or suggest ways of preventing future occurrence:
(r) To promote research on matters affecting the generation, transmission, distribution and utilization of electricity;
(s) To promote measures for advancing the skill of persons engaged. in the NESI:
(t) To publish from time to time information beneficial to the growth of the electricity industry including reports and investigations;
(u) To advise Government and other relevant agencies on all technical matters relating to generation transmission and distribution of electricity;
(v) To take over the functions of statutory electrical inspection, testing and certification of all electrical installation hitherto carried out by the Director of Electrical Inspectorate Services and the Electrical Inspectorate Services Department of the Federal Ministry of Power;
(w) To provide non-core and ancillary services for commercial opportunities and drive in the NESI (including research and development; electricity information management systems; renewable energy services, specialized medical and health care services; project management and consultancy, electricity workshop services; project unit services for specialized projects in the NESI: logistics; warehousing; and printing technology;
(x) To partner and to be a joint and major player with other related services in the NEST for technical and commercial services and to perform and provide all other related services in the NESI:
(y) To collaborate with other stakeholders in the electricity power sector on standards and specifications of all major electrical equipment and materials manufactured or imported for use in Nigeria, to provide uniformity and ensure that all electrical equipment and materials comply with approved standards:
(z) To discharge such other functions as may be provided under this Act or conferred by government directives.
PART 3 – STAFF OF THE AUTHORITY
Appointment of the Managing Director/Chief Executive and other Staff of the Authority
(2) The Chief Executive Officer shall be an electrical engineer and have not less than 20 years professional and practical experience in the core operational areas of the Authority and/or the NES I.
(3) for purpose of the application of the provisions of the four years.
(4) The Chief Executive Officer shall be the head of the management and chief accounting officer of the Authority.
(5) The Chief Executive Officer shall be responsible for the day- to- day’ administration of the Authority, keep the books and records of the Authority and be subject to the supervision and control of the Board.
(6) The Minister shall also appoint three executive directors who shall hold the office for a term of four years and shall be eligible for re appointment for only one further period or four years.
(7) The Executive directors shall administer under the direction of the Managing Director the following directorates:
(a) Technical Services;
(b) Commercial Services; and
(c) Corporate Services.
(8) The Authority may appoint such other officers and employees as it considers necessary for the performance or its functions under this Act and on such terms as to salary remuneration, fee, allowance, pension, leave and gratuity, as the Authority may determine in consultation with the Salaries and Wages Commission.
(9) The stall of the Authority shall be public officers as defined in the Constitution of the Federal Republic of Nigeria 1999.
(2) Notwithstanding subsection (1) of this section, the Authority may appoint a person to any office on terms which preclude the grant of a pension, gratuity or other retirement benefits in respect of that office.
(3) For the purpose of the application of the provisions of the authority of the Government of the Federation, other than the power to make regulations under section 23 thereof is hereby vested in and shall be exercisable by the Authority and not by any other person or authority.
PART 4 – FINANCIAL PROVISIONS
Funds of the Authority
(a) Fees, charges, and any other income accruing to the Authority from licensees and other things done by it in terms of this Act, excluding any fines or penalties recovered pursuant to this Act;
(b) Grants of money or other property, upon such terms and conditions as may be specified by the person or organization making the grants, provided that such terms and conditions are consistent with the objectives and functions of the Agency under this Act:
(c) Funds allocated to the Authority by the National Assembly, pursuant to a request by the Authority for additional funds required to meet its reasonable expenditures; and
(d) Such other moneys as may vest in or accrue to the Authority, whether in the course of its operations or otherwise.
(2) There shall be paid into the fund established in pursuance 01″ subsection (I) of this section such payments as may be made to the Authority by the Federal Government for the running expenses of the Authority and all other assets accruing, from time to time, to the Authority.
(3) The Authority may, from time to time, apply the proceeds of the fund established in pursuance of this section to:
(a) The cost of administration of the Authority;
(b) Reimbursing members of the Board or of any committee set up by the Board for such expenses as may be expressly authorized by the Board in accordance with the rates approved by the President;
(c) the payment of salaries, fees or other remuneration, allowances, pensions and gratuities payable;
(d) The maintenance of any property vested in the Authority;
(e) Any other expenditure in connection with the functions of the Authority;
(t) For remuneration and allowances of the Board member in line with existing Government regulations.
(4) The Chief Executive Officer shall also perform all duties as may be stipulated by Government Financial Regulations.
(5) The Authority shall prepare and submit to the Minister on or before 31st October each year a budget showing the expenditures which the Authority proposes to incur in respect of that financial year in order to carry out the functions of the Authority.
PART 5 – MISCELLANEOUS
Access to Premises and other Enforcement Powers
(a) Have a right of access to all premises and the records of any institution or establishment engaged in electricity material supply and installation;
(b) By notice in writing served on a person in charge of any institution or authority mentioned in subsection 1 (a) of this section require that person or establishment to furnish information on such matters as may be specified by the notice.
(2) It shall be the duty of any person or establishment required to furnish information pursuant to subsection (1) of this section to comply with the notice within a reasonable period of time.
(3) The Authority may obtain a Court warrant to enter and search any property in the exercise of its functions.
(4) Where it appears to the Authority that a breach of electrical technical standard, regulation or of any interest the Authority is mandated to protect is taking place, the Authority may publish a notice in such manner as it considers appropriate to draw attention of other person affected or likely to be affected by the contravention or threatened contravention:
(a) Specifying the actual or potential contravention:
(b) Directing the person or establishment concerned to do or not to do such things as it may specify;
(c) Specifying the remedy and the timescale for compliance: and
(d) Notifying the person or establishment concerned of its intention to issue an enforcement order.
(5) (a) The person or establishment affected by the notice specified in Sub-Section 4 of this section shall be entitled to make representations against or in support of the enforcement notice by a date specified in the notice:
(b) If the person or establishment concerned fails to comply with a notice served pursuant to Sub-Section 4 of this section, the Authority may issue an enforcement order:
(c) Failure to comply with an enforcement order shall constitute an offence punishable upon conviction to a term of three months imprisonment or five hundred thousand Naira or both;
(d) The Authority shall not issue an enforcement order if:
(i) the person or establishment concerned is able 10 demonstrate to the satisfaction of the Authority that it is not in breach of any standard, regulation etc;
(ii) the breach was not intentional and deliberate and it has been remedied;
(6) If the person or establishment concerned fails to comply with an enforcement order, the Authority may institute legal proceedings against them in any Court to compel compliance.
Power of Minister to give Directives
(b) When an electrical material or installation is found defective after it has been brought into use, the licensee shall be required to rectify all anomalies that may be observed by an inspecting engineer:
(c) In addition to inspecting engineers who are permanent staff of the Authority, the Authority may from time to time appoint, on a temporary basis, special inspecting engineers for specified assignments or tasks;
(d) No inspecting engineer in the service of the Authority or the Authority shall be liable for acts carried out in the service of the Authority;
(e) In resolving disputes including intra-organsation conflict and external cont1icts involving any person or establishment, the Authority shall, as first line of action, apply amicable settlement processes such as negotiation, mediation and conciliation before resorting to the Court;
(f) No Court action shall be instituted against the Authority without prior notice in writing thirty days before such action is initiated;
(h) Any court action against the Authority must be commenced within one year of the occurrence of the cause of action.
“Authority” means the Nigerian Electricity Management Services Management Authority (NEMSA) established by section 1 of this Act;
“Functions” includes duties, roles, responsibilities and powers;
“Inspecting engineer” means a Registered Engineer holding that office under the Authority including his deputy and his assistants;
“Minister” means the Minister charge with responsibility for matters relating to electricity power.
SUPPLEMENTARY PROVISION RELATING TO THE BOARD ETC.
Procedure of the Board
(2) Every meeting shall be presided over by the Chairperson and if the Chairperson is unable to attend a particular meeting the members present at the meeting shall elect one of their number to preside at the meeting.
(3) The quorum of the Board shall be the Chairperson or the person presiding at the meeting and six other members of the Board.
(4) Upon any special occasion, the Board may co-opt any person to be a member for as many meetings as may be necessary, and that person so co- opted shall have all the rights and privileges of a member, except that he shall not be entitled to vote or count towards a quorum.
(5) Subject to its standing orders, the Board may appoint such number of standing and ad hoc committees as it thinks fit to consider and report on any matter with which the Authority is concerned.
(6) Every committee appointed under the provisions of paragraph (5) of this paragraph shall be presided over by a member of the board and shall be made up of such number of persons, not necessarily members of the Board, as the Board may determine in each case.
(7) The decision of a committee shall be of no effect until confirmed by the Board.
(2) Any contract or instrument which if made by a person not being a body corporate, would not be required to be under seal, may be made or executed on behalf of the Authority by the Chief-Executive Officer of the Authority.
(3) Any document purporting to be a contract or instrument or other document signed or sealed on behalf of the Authority shall be received in evidence and unless the contrary is proved, be presumed, without further proof, to have been so signed or sealed.
(4) The validity of a proceeding of the Board or a committee thereof shall not be adversely affected:
(a) By any vacancy in the membership of the Board:
(b) By any defect in the appointment of a member of the Board or committee:
(c) By reason that a person not entitled to do so took part in the proceeding.