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Legislative Teaser - TitBits You Should Know

Posted on Wed 22 Jul 2015

At the twilight of his administration, Dr. Goodluck Ebele Jonathan (erstwhile President of the Federal Republic of Nigeria), signed certain Bills into law. The Bills, which have now become law, include the Cybercrimes (Prevention, Prohibition, etc.) Act, Nigerian Electricity Management Services Agency Act, Equipment and Leasing Act, AMCON (Amendment) Act and the Standards Organisation of Nigeria Act.

Whilst the Cybercrime (Prevention, Prohibition, etc.) Act was signed into law on May 15, 2015, the other four Acts, detailed hereunder were signed into law on May 27, 2015.

Key provisions of the recently enacted laws are as detailed hereunder.


NEMSA and NERC - One And The Same?

The Nigerian Electricity Management Services Agency (the “NEMSA” or the “Agency”) Act 2015 (the ‘Act’) principally sets up the NEMSA with powers to enforce technical standards and regulations, carry out technical inspection, testing and certification of all categories of electrical installations, electricity meters and instruments used in the electricity space to generate and deliver safe, reliable and sustainable electricity power supply.

Whilst some industry players view the NEMSA as an attempt to duplicate the roles already assumed by the Nigerian Electricity Regulatory Commission (the “NERC”), it is arguable from the review of the Act, that whilst the NERC would continue to prescribe regulations for the generation and distribution of electricity in Nigeria, the NEMSA on the other hand would primarily regulate technical standards of power plants and the practice of electrical engineering in Nigeria . The NEMSA may however collaborate with the NERC, where necessary, in joint regulation of the electricity industry.

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