NIGERIAN ELECTRICITY MANAGEMENT SERVICES AGENCY ACT

Section 11: Access to premises and other Enforcement powers.

2015Section 11 of 16Federal Republic of Nigeria

(1)
For the purpose of carrying out the functions of the Agency, the Chief Executive Officer or any other officer of the Agency, authorised in that behalf shall -
(a)
have a right of access to all premises and the technical records of any institution or establishment engaged in electricity material supply and installation; and
(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)
A person or establishment required to furnish information under subsection (1) of this section shall comply with the notice within the period of time specified in the notice.
(3)
The Agency may obtain a court warrant to enter and search any property in the exercise of its functions.
(4)
Where it appears to the Agency that a breach of electrical technical standard, regulation or of any interest the Agency is mandated to protect is taking place, the Agency 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 they may be specified ;
(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 person or establishment affected by the notice specified in subsection (4) of this section is entitled to make representations against or in support of the enforcement notice by a date specified in the notice.
(6)
A person or establishment concerned fails to comply with a notice served purusant to subsection 4 of this section, the Agency may issue an enforcement order.
(7)
A person who fails to comply with an enforcement order commits an offence and is liable on conviction to a term of 3 months' imprisonment or a fine of N500,000.00 or both.
(8)
the Agency shall not issue an enforcement order if -
(a)
a person or establishment concerned is able to demonstrate to the satisfaction of the Agency that it is not in breach of any standard, or regulation; and
(b)
the breach was not intentional and it has been remedied.
(9)
Where a person or establishment concerned fails to comply with an enforcement order, the Agency may institute legal proceedings against them in any court to compel compliance.

Cite this section

Section 11, NIGERIAN ELECTRICITY MANAGEMENT SERVICES AGENCY ACT (2015).

https://repo.podus.ai/laws/nigerian-electricity-management-services-agency-act/section/11/