2023 Electricity Act interprets bypassing electricity, others, as theft, recommends jail term for offenders

A Nairametrics review of the 2023 Electricity Act recently signed by President Bola Ahmed Tinubu reveals that the Act interprets several actions including bypassing electricity lines as electricity theft and recommends jail terms as well as fines for offenders.

According to the Act, engaging in activities that tap, connect to, or interfere with licensed, franchised, or permitted overhead, underground, or underwater lines, cables, service wires, or facilities, is considered an offence.

Also, tampering with meters or installing tampered meters, current reversing transformers, loop connections, or disruptive devices that hinder accurate metering of electric current, leading to electricity theft, wastage, or damage to meters, apparatus, equipment, or wires, are also offenses.

Additionally, unauthorized use of electricity or using it through tampered meters, or utilizing electricity for unauthorized purposes, resulting in unlawful consumption or usage, are also guilty of electricity theft.

Punishment

The Act says that upon conviction, the offender shall be subject to imprisonment for a term exceeding three years, a fine, or both imprisonment and fine. If the load consumed or used, or attempted consumption or use, does not exceed 10 kilowatts, the first conviction shall warrant a fine no less than three times the financial gain resulting from the electricity theft.

In the case of a second or subsequent conviction, the imposed fine shall not be less than six times the financial gain. If the load exceeds 10 kilowatts, the first conviction shall result in a fine no less than three times the financial gain from the electricity theft.

For a second or subsequent conviction, the sentence shall include imprisonment for a period not less than six months and not exceeding three years, along with a fine no less than six times the financial gain.

Electric lines and materials theft

According to the Electricity Act, any individual who unlawfully cuts removes, takes away, or transfers any electric line, material, or meter from a tower, pole, installation, storage site, or any other location where it is rightfully located, including during transportation, without the consent of the licensee or owner is guilty of electric lines and materials theft.

The Electricity Act says it does not matter if it is done for profit or gain. As long as the individual possesses, stores, or keeps any electric line, material, or meter in their premises, custody, or control without the consent of the licensee or owner, they are guilty of electric lines and materials theft.

If any individual transports, carries, or relocates any electric line, material, or meter without the consent of the licensee or owner, they commit the offense of stealing electric lines and materials.

Punishment

The offender shall be liable to imprisonment for a term of no less than three years and no more than five years, or a fine of not less than N500,000, or both imprisonment and fine. If a person, having been previously convicted of these offenses, commits another related offense, the individual or corporate entity shall be liable for a term of imprisonment of five years or a fine not less than N1,000,000.

What you should know

The 2023 Electricity Act also states that any individual who knowingly receives stolen electric lines or materials, or has reason to believe that they are stolen, shall, upon conviction, be subject to a prison term of fourteen years or a fine not exceeding three times the value of the received stolen property, or both imprisonment and fine.