The Second to fith Schedules to Electricity Act 2023 include: the Second Schedule that lists acts repealed by the Electricity Act 2023, as per Section 2 (1);
the Third Schedule which contains supplementary provisions related to the Nigerian Electricity Management Services Agency Board, as per Section 231 (2);
the Fourth Schedule that includes supplementary provisions relating to the NEMSA Council, referenced in Section 174 (3). The Fifth Schedule encompasses supplementary
provisions related to the Council, mentioned in Sections 44 (1), 85 (2), 187 (3), and 207 (1).
The 4 schedules are presented below:
Second Schedule Section 2(1) ACTS REPEALED
Hydroelectric Power Producing Areas Development Commission (Establishment, Etc.) Act, No.7,2010.
Hydroelectric Power Producing Areas Development Commission (Establishment, Etc.) Act, 2010.
Hydroelectric Power Producing Areas Development Commission (Establishment, Etc.) Act, 2010.
Third Schedule Section 231 (2) SUPPLEMENTARY PROVISIONS RELATING TO THE NIGERIAN ELECTRICITY MANAGEMENT SERVICES AGENCY BOARD UNDER PART XVII
Procedure of the Board
Subject to the Act and Section 27 of the Interpretation Act, Cap. 123, Laws of the Federation of Nigeria, 2004, the Board may make standing orders regulating its proceedings or those of any of its committees and every meeting shall be presided over by the Chairman and if the Chairman is unable to attend a particular meeting the members present at the meeting shall elect one of the members to preside at the meeting.
The quorum of the Board shall be the Chairman or the person presiding at the meeting and six other members of the Board.
On 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 vote or count towards a quorum.
Subject to its standing orders, the Board may appoint such number of standing and ad- hoc committee, as it deems fit, to consider and report on any matter with which the Agency is not concerned.
Every Committee appointed under the provisions of subparagraph (4) shall be presided over by a member of this 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.
The decision of the committee shall be of no effect until it is confirmed by the Board.
Fourth Schedule Section 174 (3) SUPPLEMENTARY PROVISIONS RELATING TO THE COUNCIL
(1) The Council may appoint one or more committees to which it may delegate any of its functions.
(2) No decision of a Council shall have effect unless confirmed by the Council.
Meetings of Council
(1) The Council shall meet for the conduct of business at such times and places as the Chairman may appoint but shall not meet less than twice in a year.
(2) The Chairman may at any time, and shall at the request in writing of not less than seven members of the Council, summon a meeting.
(3) Particulars of the business to be transacted at any meeting shall be circulated by the Secretary to the Council to members with the notice of meeting.
Power to co-opt members
(1) Where the Council desires to obtain the advice of any person on a particular matter it may co-opt such person is a member for a meeting whether or not expressly convened for the purpose of considering the particular matter.
(2) Such member shall not be entitled to vote nor shall he count towards quorum.
Questions how decided
(1) Every question put before the Council at a meeting shall be decided by the majority of the votes of the members present and voting.
(2) Seven members shall form a quorum at any meeting of the Council.
(3) The Chairman shall., at any meeting have a. vote and, in the case of any equality or votes, may exercise a casting vote.
Standing orders
Subjects to paragraph 4, toe Council shall make standing orders with respect to the holding of meetings, the nature of notices to be given, the proceedings there at, the keeping of minutes of such proceedings and the custody and production for inspection of such minutes.
Absence of the Chairman
If the Chairman is absent from a meeting of the Council, the members present shall elect one of their members to act as Chairman for the purpose of the meeting and the decision reached by two-third of member’s present shall be binding.
Contracts and instruments
(1) A contract or instrument which if entered into or executed by a person not being a body corporate would not be required to be under seal may in like manner be entered into or be executed on behalf of the Council by any person generally or specifically authorised by it for that purpose.
(2) Any member of the Council or of a committee thereof, who has a personal interest in any contract or arrangement entered into or proposed to be considered by the Council or a committee thereof, shall forthwith disclose his interest to the Council and shall not vote on any question relating to such contract or arrangement.
Seal of the Institute
(1) The common seal of the Institute shall not be used or affixed to any document except under a resolution duly passed at a properly constituted meeting of the Council and recorded in the minutes of such meeting.
(2) The affixing of the seal of the Institute shall be authenticated by the signature of the Director General or some other persons authorised generally or specifically by the Director General to act for that purpose.
(3) Any document purporting to be a document duly executed under the seal of the Institute, shall be received in evidence and shall, unless the contrary is proved, be deemed to be so executed.
Fifth Schedule Section 44(1), 85(2), 187(3) and 207(1) SUPPLEMENTARY PROVISIONS RELATING TO THE COUNCIL
Proceedings of the Council
Subject to this Act and Section 27 of the Interpretation Act, Cap. 123, Laws of the Federation of Nigeria, 2004, the Council may make standing orders regulating its proceedings or those of any of its committees.
The quorum of the Council shall be the Chairman or the person presiding at the meeting and four other members of the Council, and the quorum of any committee or the Commissions shall be as determined by the Council.
The Council shall meet whenever it is summoned by the Chairman and if the Chairman is required to do so by notice given to him by less than four other members, he shall summon a meeting of the Council to be held within 14 days from the date on which the notice is given.
At any meeting of the Council, the Chairman shall preside but if he is absent, the members present at the meeting shall appoint one of them to preside at the meeting.
Where the Council desires to obtain the advice of any person on a particular matter, the Council may co-opt him or such period as it deems fit but a person who is in attendance by virtue of 'his subparagraph shall not be entitled to vote at the meeting or the Council and shall not count towards a quorum.
The validity or any proceeding of the Council or of a committee shall not be adversely affected by -
(a) a vacancy in the membership of the Council or committee;
(b) a defect in the appointment of a member of the Council or committee; or
(c) reason that a person not entitled to do so took part in the proceedings of the Council or committee.
Committees
The Council may appoint one or more committees to carry out, on behalf of the Council, such functions as the Council may determine.
A committee appointed under this paragraph shall consist of the number of persons as may he determined by the Council and a person shall hold office on the committee in accordance with terms of his appointment.
A decision of a committee of the Council shall be of no effect until it is confirmed by the Council.
