Enactment

It is well settled that the history of the circumstances which led to the enactment is generally allowed in the construction of the meaning, aims and scope of the enactment. Such historical factors enable the interpreter or Court to determine whether the statute or where it is an amendment, was intended to alter the law or leave it where it stood before. See Ogbonna v. Attorney General of Imo State (supra), Lami Koro Ojokolobo & Ors v. Lapade Alamu & Anor (1987) 3 NWLR (pt. 61) 377, Uwaifo v. Attorney General Bendel State (1982) 7 SC 1 24, Bronik Motors v. Wema Bank (1983) 1 SCNLR, 296 at 328.

It is trite that in interpreting statutes, Courts are urged to apply the ordinary meaning of words used in the statute. The Court cannot infer an intention which does not appear in the words of the enactment. Neither is a Court allowed to read into an enactment words or sections which the legislature did not state as part of the statute. See Ogbonna v. Attorney General of Imo State (1992) 1 NWLR (pt. 220) 647, Oyeyemi v. Commissioner for Local Government & Ors (1992) 2 NWLR (pt. 226) 661, (1992) LPELR – 2882 (SC).

Electricity distribution companies in Nigeria are regulated by the NERC (Nigerian Electricity Regulatory Commission).
S ection 32 of the Electric Power Sector Reform Act provides that: (1) Subject to this Act, the Commission shall have the following principal objects: (a) to create, promote, and preserve efficient industry and market structures, and to ensure the optimal utilisation of resources for the provision of electricity services; (b) to maximise access to electricity services, by promoting and facilitating consumer connections to distribution systems in both rural and urban areas; (c) to ensure that an adequate supply of electricity is available to consumers;
(d) to ensure that the prices charged by licensees are fair to consumers and are sufficient to allow the licensees to finance their activities and to allow for reasonable earnings for efficient operation; (e) to ensure the safety, security, reliability, and quality of service in the production and delivery of electricity to consumers; (f) to ensure that regulation is fair and balanced for licensees, consumers, investors, and other stakeholders;
and (g) to present quarterly reports to the President and National Assembly on its activities. (2) For the furtherance of the objects referred to in subsection (1)of this section, the Commission shall perform the following functions: (a) promote competition and private sector participation, when and where feasible; (b) establish or, as the case may be, approve appropriate operating codes and safety, security, reliability, and quality standards; (c) establish appropriate consumer rights and obligations regarding the provision and use of electricity services;
(d) license and regulate persons engaged in the generation, transmission, system operation, distribution, and trading of electricity; (e) approve amendments to the market rules; (f) monitor the operation of the electricity market; and (g) undertake such other activities which are necessary or convenient for the better carrying out of or giving effect to the objects of the Commission.