5 Role of Law in the Energy Transitions in Africa …
143
unharnessed sources of RE.
7 This situation can be blamed on the
purpose-defeating nature of the extant electricity regulatory framework,
an examination of which reveals a myriad of conflicting, contradictory
or inconsistent provisions. These conflicting electricity laws are largely
responsible for the slow pace of development of Nigeria’s vast RE sources.
Among others, the major contradiction is that while extant constitutional
provisions vest the thirty-six State Governments with the power to regulate off-grid electricity, the Nigerian Electricity Regulatory Commission
(NERC)— Nigeria’s federal electricity regulator— has been relying on
certain provisions of its establishment law
8 empowering it to ‘license
and regulate persons engaged in the generation, transmission, system
operation, distribution, and trading of electricity’,
9 whether in rural and
urban areas,
10 and have gone ahead to further buttress its stance through
the creation and implementation of NERC Regulations for off-grid
electricity.
Nigeria’s electricity laws, which ought to serve as the springboard for
the development of the Nigerian Electricity Supply Industry (NESI),
seem to be its fundamental albatross due to this and other conflicting,
contradictory or inconsistent provisions. Thus, this chapter refers to the
conflicting, contradictory or inconsistent state of Nigeria’s electricity laws
as the ‘conflict of electricity laws’.
11 The fact that the Constitution of the
Federal Republic of Nigeria (CFRN)
12 allows the States to embark on the
development and regulation of off-grid electricity within their respective
territories,
13 yet the Electric Power Sector Reform Act (EPSRA) vests
NERC with the exclusive
14 power to promote and regulate off-grid/rural
7 Nigerian Electricity Regulatory Commission (NERC), ‘Renewable Energy Sourced Electricity’,
https://www.nerc.gov.ng/index.php/home/operators/renewable-energy.
8 Electric Power Sector Reform Act 2005 (EPSRA), cap E7, Laws of the Federation of Nigeria
(LFN) 2004.
9 EPSRA, s 32 (2) (d).
10 EPSRA, s 32 (1) (b).
11 This phrase is not exactly borrowed from the concept of conflict of laws in Private
International Law.
12 Constitution of the Federal Republic of Nigeria (Promulgation) Act 1999 (“CFRN”), cap C
23, Laws of the Federation of Nigeria (LFN) 2004.
13 CFRN, 2nd sch, pt II, para 14 (b).
14 While it is debatable that NERC has the ‘exclusive’ power under EPSRA to license and
regulate electricity activities, the activities of NERC within NESI over the years appear to
143
unharnessed sources of RE.
7 This situation can be blamed on the
purpose-defeating nature of the extant electricity regulatory framework,
an examination of which reveals a myriad of conflicting, contradictory
or inconsistent provisions. These conflicting electricity laws are largely
responsible for the slow pace of development of Nigeria’s vast RE sources.
Among others, the major contradiction is that while extant constitutional
provisions vest the thirty-six State Governments with the power to regulate off-grid electricity, the Nigerian Electricity Regulatory Commission
(NERC)— Nigeria’s federal electricity regulator— has been relying on
certain provisions of its establishment law
8 empowering it to ‘license
and regulate persons engaged in the generation, transmission, system
operation, distribution, and trading of electricity’,
9 whether in rural and
urban areas,
10 and have gone ahead to further buttress its stance through
the creation and implementation of NERC Regulations for off-grid
electricity.
Nigeria’s electricity laws, which ought to serve as the springboard for
the development of the Nigerian Electricity Supply Industry (NESI),
seem to be its fundamental albatross due to this and other conflicting,
contradictory or inconsistent provisions. Thus, this chapter refers to the
conflicting, contradictory or inconsistent state of Nigeria’s electricity laws
as the ‘conflict of electricity laws’.
11 The fact that the Constitution of the
Federal Republic of Nigeria (CFRN)
12 allows the States to embark on the
development and regulation of off-grid electricity within their respective
territories,
13 yet the Electric Power Sector Reform Act (EPSRA) vests
NERC with the exclusive
14 power to promote and regulate off-grid/rural
7 Nigerian Electricity Regulatory Commission (NERC), ‘Renewable Energy Sourced Electricity’,
https://www.nerc.gov.ng/index.php/home/operators/renewable-energy.
8 Electric Power Sector Reform Act 2005 (EPSRA), cap E7, Laws of the Federation of Nigeria
(LFN) 2004.
9 EPSRA, s 32 (2) (d).
10 EPSRA, s 32 (1) (b).
11 This phrase is not exactly borrowed from the concept of conflict of laws in Private
International Law.
12 Constitution of the Federal Republic of Nigeria (Promulgation) Act 1999 (“CFRN”), cap C
23, Laws of the Federation of Nigeria (LFN) 2004.
13 CFRN, 2nd sch, pt II, para 14 (b).
14 While it is debatable that NERC has the ‘exclusive’ power under EPSRA to license and
regulate electricity activities, the activities of NERC within NESI over the years appear to