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PART XX - OFFENCES AND PENALTIES


Part XX of the Electricity Act 2023 comprises sections 208 through 223. The offences and the corresponding penalties emphasise the strict enforcement, confidentiality and accountability required to ensure compliance and protect the integrity of Nigeria's electricity sector.

The following are the highlights of the 16 sections:



Offences and Penalties
Tampering and Theft
  • Meter Tampering and Bypassing:
    • Unauthorized connections, tampering, bypassing meters, using tampered meters or devices to steal or waste electricity are offences.
    • Fines and imprisonment for offences vary depending on the load used or stolen, with higher penalties for repeat offenders.
  • Damage or Unauthorized Use:
    • Damaging or destroying meters, equipment, or wires to interfere with metering or using electricity unauthorized are also offences.

Stealing Electric Lines and Materials
  • Theft:
    • Cutting, removing, storing, or moving electric lines, materials, or meters without consent.
    • Fine of at least ₦500,000 or imprisonment, increased penalties for repeat offenders.
  • Receiving Stolen Property:
    • Receiving stolen electric lines or materials knowingly is punishable by a fine up to three times the value or imprisonment up to 14 years.
Unauthorized Connections and Reconnections
  • Unauthorized Actions:
    • Connecting, disconnecting, or tampering with meters or apparatus without authorization.
    • Laying or connecting works without permission.
    • Fines up to ₦500,000, imprisonment, and additional daily fines for continuing offences.
Negligence and Malicious Actions
  • Negligent Damage:
    • Negligently damaging any material related to electricity supply incurs fines and restoration costs.
  • Intentional Disruption:
    • Intent to cut off electricity supply through damaging lines or works is an offence.
    • Maliciously extinguishing public streetlights incurs fines.
Compliance and False Declarations
  • Non-Compliance:
    • Failing to comply with orders or regulations, or attempting/abetting offences under the Act.
    • Fines up to ₦500,000, imprisonment, and additional daily fines for continuing offences.
  • False Declarations:
    • Making false declarations in required statements incurs fines and imprisonment.
Corporate Liability
  • Company Offences:
    • Principal officers and the company are liable for offences committed by the company.
    • Officers prove due diligence to avoid liability.
    • Neglect, consent, or connivance in the offence by directors or officers also incurs liability.
Offences and Penalties
Aiding, Abetting, and Conspiracy
  • General Offence:
    • Aiding, counseling, or abetting an offence is punishable by the same penalties as the offence.
  • Staff Involvement:
    • Staff of the Commission, NEMSA, or licensees involved in agreements or actions leading to electricity theft face fines or imprisonment.
Confidentiality and Misuse of Information
  • Protection of Information:
    • Prohibits misuse of financial or commercial information gained in official capacities for personal gain.
  • Penalties:
    • Forfeiture of proceeds, fines, and imprisonment for misuse of confidential information.
Obstruction and Impersonation
  • Obstruction:
    • Obstructing or injuring someone performing duties on behalf of a licensee incurs heavy fines and imprisonment.
  • Impersonation:
    • False representation as an employee of a licensee, franchisee, or permit holder results in severe penalties.
Prosecution and Court Powers
  • Prosecution:
    • Attorneys-General of the Federation and States can prosecute offences, with security agencies needing prior consent.
  • Court Directives for First-Time Offenders:
    • Courts may order first-time offenders to pay affected parties instead of facing further proceedings.
  • Jurisdiction:
    • Federal and State High Courts have concurrent jurisdiction, ensuring expedited hearings.



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