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PART XVIII - NIGERIAN ELECTRICITY MANAGEMENT SERVICES AGENCY


Part XVIII of the Electricity Act 2023 comprises sections 172 through 184.Its purpose is to ensure that NEMSA effectively manages electrical inspections, enforces standards and supports safe and reliable electricity supply in Nigeria. It also defines the framework for effective management, financial oversight, and enforcement of technical standards within the agency.

The following are the highlights of the 13 sections:



Nigerian Electricity Management Services Agency (NEMSA)
Establishment and Structure
  • Creation: NEMSA is established as a body corporate with perpetual succession and a common seal, headquartered in Abuja.
  • Legal Functions: Can sue and be sued, and perform acts allowed by law.
  • Takeover:Takes over Electricity Management Services Plc. incorporated in 2007. Personnel continue under the same terms.

Governing Board
  • Composition:
    • Chairman appointed by the President on the Minister's recommendation.
    • Six members from geopolitical zones.
    • Managing Director and CEO.
    • Representatives from the Ministries of Power and Finance.
  • Secretary: General Manager, Legal, of NEMSA.
  • Qualifications: Members must have no interest in electricity-related businesses.
  • Term: Three years, renewable once.
  • Vacancy:Members may resign or be removed by the Minister with the President's approval.
Governing Board Powers
  • Oversee NEMSA's affairs.
  • Provide guidelines for performance.
  • Approve staff remuneration and appointments.
  • Ensure efficient performance of functions.

Functions of NEMSA
  • Inspection and Enforcement:
    • Carry out electrical inspectorate services.
    • Enforce statutory technical electrical standards and regulations.
    • Collaborate with Standards Organisation of Nigeria for quality assurance.
  • Compliance and Safety:
    • Ensure power systems and networks are properly executed.
    • Enforce compliance with technical and safety standards.
    • Inspect, test, and certify electrical installations.
  • Support Services:
    • Provide technical support for safe and reliable power supply.
    • Certify electricity meters and instruments.
    • Process and issue competency certificates to electrical personnel.
  • Monitoring and Research:
    • Regularly inspect power plants, transmission lines, and distribution networks.
    • Investigate electrical accidents and enforce remedial measures.
    • Promote research and publish beneficial information for the electricity industry.
  • Ancillary Services:
    • Provide non-core and ancillary services, including project management and consultancy.

    Managing Director and CEO
    • Appointment: By the President on the Minister's recommendation.
    • Qualifications: Must be a registered electrical engineer with at least 20 years of experience.
    • Term: Four years, renewable once.
    • Roles:
      • Head of management and chief accounting officer.
      • Chief Electrical Inspector of the Federation.
      • Enforce technical standards and regulations through inspections, testing, and certifications.

    Roles and Administration
    Chief Executive Officer (CEO)
    • Responsibilities:
      • Administer NEMSA, maintain books and records.
      • Supervised by the Governing Board.

    Executive Directors
    • Appointment:
      • Appointed by the Minister, hold office for four years, renewable once.
    • Directorates:
      • Technical Services.
      • Commercial Services.
      • Corporate Services.

    Staff Appointments
    • Employment Terms:
      • NEMSA may appoint officers and employees with terms set in consultation with the National Salaries, Incomes and Wages Commission.
      • Staff are public officers as defined in the Nigerian Constitution.

    Pension and Benefits
    • Pension Entitlement:
      • Service in NEMSA is approved for the Pensions Reform Act.
      • Officers entitled to pensions, gratuities, and benefits.
      • NEMSA may appoint individuals on terms excluding pension benefits.

    Funding and Expenditures
    • Fund Establishment:
      • Fund sources include fees, grants, and allocations from the National Assembly.
      • Proceeds used for administration, salaries, property maintenance, and other expenses.

    Budget and Reporting
    • Annual Budget:
      • Submit budget to the Minister by 31 October each year.
    • Annual Report:
      • Report activities and include audited accounts by 30 June each year.

    Access and Compliance
    • Access Rights:
      • CEO or authorized officers can access premises and records of institutions related to electricity supply and installation.
    • Enforcement Notices:
      • Issue notices for contraventions and specify remedies.
      • Non-compliance can lead to enforcement orders and penalties.

    Legal and Safety
    • Legal Proceedings:
      • 30-day notice required before court action against NEMSA.
    • Safety and Certification:
      • No new or upgraded installations connected to power systems without NEMSA certification.
      • Notification and rectification of electrical incidents required within specified timeframes.



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