ELECTRIC POWER SECTOR REFORM ACT

Section 74: Cancellation of licences.

2005Section 74 of 101Federal Republic of Nigeria

(1) Upon:
(a) receiving a complaint from any consumer, eligible customer, consumer association, association of eligible customers or other licensee, or
(b) on its own initiative, the Commission may inquire into the conduct or functioning of any licensee in carrying out the licensee's obligations under this Act, rules or regulations, codes of conduct, or the terms and conditions of the licence.
(2) Subject to this section, and after an inquiry, including an opportunity for the licensee to show cause as to why the licence should not be cancelled, the Commission may cancel any licence if, in its opinion:
(a) the licence was issued through fraud or the misrepresentation or nondisclosure of a material fact by the licensee; or
(b) the licensee has wilfully or unreasonably contravened any provision of this Act that is applicable to the licensee; or
(c) the licensee has failed to comply with any term or condition of the licence, the breach of which is expressly declared by such licence to render it liable to cancellation; or
(d) the financial position of the licensee is such that he is unable to fully and efficiently discharge the duties and obligations imposed by the licence.
(3) Before cancelling a licence under subsection (2) of this section, the Commission shall notify the licensee in writing of its intention to cancel the licence concerned and the reasons for doing so, and shall allow the licensee an opportunity to demonstrate, within 60 days following the delivery of such a notification, that circumstances have changed such that cancellation may no longer be warranted.
(4) If, at the expiry of the inquiry and any further opportunity to be heard, under subsections (2) and (3) of this section, the Commission is satisfied for any reason specified in subsection (2) of this section that it is in the public interest that the licence concerned should be cancelled, the Commission may, by notice in writing to the licensee, cancel the licence or take such other action as it considers appropriate.
(5) Notwithstanding subsections (2) to (4) of this section, instead of cancelling a licence, the Commission may allow the licence to remain in force, subject to such further terms and conditions as it may deem necessary to impose, and such terms and conditions shall form part of the licence.
(6) In the event that the Commission decides to cancel a licence, it shall serve on the licensee a notice of cancellation fixing the date on which the cancellation shall take effect and the Commission may make orders in regard to the undertaking of the licensee, including an order for the sale of the undertaking of the licensee, as are, in the opinion of the Commission, necessary for maintaining continuity in the provision of electricity service.

Cite this section

Section 74, ELECTRIC POWER SECTOR REFORM ACT (2005).

https://repo.podus.ai/laws/electric-power-sector-reform-act/section/74/