5 Role of Law in the Energy Transitions in Africa …
145
approbate and reprobate, i.e. give the States the power to regulate electricity and simultaneously take it back from the States through EPSRA
and its subsidiary regulations. Federalism expects that the States as
component units would promote and regulate electricity within their
respective territories albeit in a manner that will not impede on the
central government’s power to promote and regulate electricity
18 .
At this point, it is pertinent to identify and address these area(s) of
conflict by stating the legal parameters as provided in the CFRN and
EPSRA, and making recommendations for resolving these conflicts.
The main objective of this chapter is to provide a comprehensive
exposé into the conflict of electricity laws and how it has contributed
to the slow pace of development of RE in Nigeria. We argue that the
fundamental implication of the conflict of electricity laws is that it
ultimately defeats the purpose of achieving rapid access to clean, affordable and efficient energy through the simultaneous efforts of both the
Federal and State Governments. Section 5.2 of this chapter gives an
overview of Nigeria’s regulatory framework, with particular reference to
REs. Section 5.3 delves deeply into the issues surrounding the conflict
of Nigeria’s electricity laws and how they contribute to stifling rapid
development of RE with particular reference to the area of off-grid
and rural electrification. Section 5.4 analyses, in the Nigerian context,
the propriety or otherwise of separating RE regulation from non-REs
and the application of cooperative federalism by the Federal and State
Governments in the governance of REs as contemporary approaches to
actualizing rapid RE development, drawing from relevant experiences
in Australia, Germany, Kenya and South Africa. Section 5.5 concludes
the chapter by proffering salient recommendations to resolve these legal
conflicts, which if properly implemented, will improve energy access,
especially in rural communities. Thus, the authors call for the amendment of the CFRN to clearly stipulate that all electrification outside the
national grid rests within the competence of the States to the exclusion
of the Federal Government.
18 CFRN, 2nd sch, pt II, paras 13 and 14.
145
approbate and reprobate, i.e. give the States the power to regulate electricity and simultaneously take it back from the States through EPSRA
and its subsidiary regulations. Federalism expects that the States as
component units would promote and regulate electricity within their
respective territories albeit in a manner that will not impede on the
central government’s power to promote and regulate electricity
18 .
At this point, it is pertinent to identify and address these area(s) of
conflict by stating the legal parameters as provided in the CFRN and
EPSRA, and making recommendations for resolving these conflicts.
The main objective of this chapter is to provide a comprehensive
exposé into the conflict of electricity laws and how it has contributed
to the slow pace of development of RE in Nigeria. We argue that the
fundamental implication of the conflict of electricity laws is that it
ultimately defeats the purpose of achieving rapid access to clean, affordable and efficient energy through the simultaneous efforts of both the
Federal and State Governments. Section 5.2 of this chapter gives an
overview of Nigeria’s regulatory framework, with particular reference to
REs. Section 5.3 delves deeply into the issues surrounding the conflict
of Nigeria’s electricity laws and how they contribute to stifling rapid
development of RE with particular reference to the area of off-grid
and rural electrification. Section 5.4 analyses, in the Nigerian context,
the propriety or otherwise of separating RE regulation from non-REs
and the application of cooperative federalism by the Federal and State
Governments in the governance of REs as contemporary approaches to
actualizing rapid RE development, drawing from relevant experiences
in Australia, Germany, Kenya and South Africa. Section 5.5 concludes
the chapter by proffering salient recommendations to resolve these legal
conflicts, which if properly implemented, will improve energy access,
especially in rural communities. Thus, the authors call for the amendment of the CFRN to clearly stipulate that all electrification outside the
national grid rests within the competence of the States to the exclusion
of the Federal Government.
18 CFRN, 2nd sch, pt II, paras 13 and 14.