144
M. U. Ukponu et al.
electricity by giving licenses to ‘persons’
15 so interested is a classic case of
giving a thing with the right hand and simultaneously taking it back with
the left hand. This triggers the question, which this chapter attempts to
answer, as to whether the Federal Government’s regulation of off-grid
electricity supersedes the State Governments’ power to regulate off-grid
electricity.
Off-grid electricity is a massive window for the States to develop
their respective ‘state grids’, mini-grids and off-grid RE infrastructures,
especially in rural communities which lack adequate access to energy,
pursuant to the recurring global discourse on climate change and transitioning to a low-carbon economy.
16 RE has the potential to improve
access to energy, leading to significant positive impacts on the socioeconomic life of all Nigerians,
17 especially rural and remote dwellers.
Unfortunately, the extant electricity regulatory framework appears to
affirm this position. However, in 2017, the Minister of Power admitted that State Governments
have the constitutional right to regulate electricity within their domains, but he stopped short
of saying whether or not the States or their contractors would still be required to apply to
NERC for licenses and permits. See Babatunde Raji Fashola (SAN), ‘Communiqué Issued at
the 18th Monthly Meeting with Operators of the Power Sector’ (18th Monthly Power Sector
and Stakeholders’ Meeting, Kano State, 14 August 2017), www.tundefashola.com/archives/news/
2017/08/14/20170814N01.html; Ken Etim, Akindeji Oyebode and Habitat Adeniran, ‘Nigeria:
The Electricity Supply Industry—Recent Developments and Prospects’ Mondaq (11 March
2019), https://www.mondaq.com/Nigeria/Energy-and-Natural-Resources/788550/The-NigerianElectricity-Supply-Industry-Recent-Developments-And-Prospects.
15 In fairness, there is no express inclusion or exclusion of the States from the category of
persons engaged in the electricity supply chain to be licensed and regulated. However, this
gives room for interpretation to the effect that the States must also obtain licenses to engage in
the electricity supply chain. Section 100 (1) of the EPSRA provides that “‘person’ includes any
individual, company, partnership or any other association of individuals, whether incorporated
or not.” See also Interpretation Act 1964, s 18, cap I 23, Laws of the Federation of Nigeria
(LFN) 2004: “‘person’ includes any body of persons corporate or unincorporated.”
16 Yinka Omorogbe (n 6), 42; United Nations Secretary-General’s Advisory Group on Energy
and Climate Change (AGECC), ‘Energy for a Sustainable Future’ (2010), https://www.un.org/
millenniumgoals/pdf/AGECCsummaryreport[1].pdf. The role of sub-nationals (States, provinces
and cities) in global efforts towards attaining a low-carbon and sustainable future cannot be
overemphasized. See generally United Nations, Transforming Our World: The 2030 Agenda for
Sustainable Development (2015), https://www.un.org/sustainabledevelopment/sustainable-develo
pment-goals/.
17 The socio-economic and environmental impacts of RE include access to clean and affordable
energy; health and sanity; lower C0 2 emission levels; economic liberation of cottage industries, micro, small and medium-scale enterprises (MSMEs) and rural/remote communities; and
environmental sustainability.
M. U. Ukponu et al.
electricity by giving licenses to ‘persons’
15 so interested is a classic case of
giving a thing with the right hand and simultaneously taking it back with
the left hand. This triggers the question, which this chapter attempts to
answer, as to whether the Federal Government’s regulation of off-grid
electricity supersedes the State Governments’ power to regulate off-grid
electricity.
Off-grid electricity is a massive window for the States to develop
their respective ‘state grids’, mini-grids and off-grid RE infrastructures,
especially in rural communities which lack adequate access to energy,
pursuant to the recurring global discourse on climate change and transitioning to a low-carbon economy.
16 RE has the potential to improve
access to energy, leading to significant positive impacts on the socioeconomic life of all Nigerians,
17 especially rural and remote dwellers.
Unfortunately, the extant electricity regulatory framework appears to
affirm this position. However, in 2017, the Minister of Power admitted that State Governments
have the constitutional right to regulate electricity within their domains, but he stopped short
of saying whether or not the States or their contractors would still be required to apply to
NERC for licenses and permits. See Babatunde Raji Fashola (SAN), ‘Communiqué Issued at
the 18th Monthly Meeting with Operators of the Power Sector’ (18th Monthly Power Sector
and Stakeholders’ Meeting, Kano State, 14 August 2017), www.tundefashola.com/archives/news/
2017/08/14/20170814N01.html; Ken Etim, Akindeji Oyebode and Habitat Adeniran, ‘Nigeria:
The Electricity Supply Industry—Recent Developments and Prospects’ Mondaq (11 March
2019), https://www.mondaq.com/Nigeria/Energy-and-Natural-Resources/788550/The-NigerianElectricity-Supply-Industry-Recent-Developments-And-Prospects.
15 In fairness, there is no express inclusion or exclusion of the States from the category of
persons engaged in the electricity supply chain to be licensed and regulated. However, this
gives room for interpretation to the effect that the States must also obtain licenses to engage in
the electricity supply chain. Section 100 (1) of the EPSRA provides that “‘person’ includes any
individual, company, partnership or any other association of individuals, whether incorporated
or not.” See also Interpretation Act 1964, s 18, cap I 23, Laws of the Federation of Nigeria
(LFN) 2004: “‘person’ includes any body of persons corporate or unincorporated.”
16 Yinka Omorogbe (n 6), 42; United Nations Secretary-General’s Advisory Group on Energy
and Climate Change (AGECC), ‘Energy for a Sustainable Future’ (2010), https://www.un.org/
millenniumgoals/pdf/AGECCsummaryreport[1].pdf. The role of sub-nationals (States, provinces
and cities) in global efforts towards attaining a low-carbon and sustainable future cannot be
overemphasized. See generally United Nations, Transforming Our World: The 2030 Agenda for
Sustainable Development (2015), https://www.un.org/sustainabledevelopment/sustainable-develo
pment-goals/.
17 The socio-economic and environmental impacts of RE include access to clean and affordable
energy; health and sanity; lower C0 2 emission levels; economic liberation of cottage industries, micro, small and medium-scale enterprises (MSMEs) and rural/remote communities; and
environmental sustainability.