146
M. U. Ukponu et al.
5.2 Overview of Nigeria’s Renewable
Energy Regulatory Framework
5.2.1 Constitution of the Federal Republic of Nigeria
(CFRN)
19
The CFRN is the supreme law of the land with its provisions having
binding force on all authorities and persons throughout Nigeria.
20
Where any enactment is inconsistent with any provision of the CFRN,
such enactment automatically becomes ineffective and inoperative to the
extent of that inconsistency.
21 For clarity of functions, every matter of the
polity is categorized under either the Exclusive Legislative List
22 or the
Concurrent Legislative List
23 by the CFRN. The electric power sector is a
matter under the Concurrent Legislative List. While the Federal Government regulates electricity in all or any part of the federation,
24 the states
are explicitly put in charge of regulating electricity that is not covered by
the National Grid system (off-grid).
25
The intendment of the CFRN is to empower the Federal Government
to generally promote and regulate electricity throughout the federation
and the States to exercise regulatory functions with regard to off-grid
electricity, which is a major turf for rural electrification, in order to
provide access to electricity for people living in rural and remote areas of
the country. However, this intendment is deduced only on the surface. A
deeper interpretation and analysis of the relevant constitutional provisions, as attempted in Sect. 5.3 of this chapter, would reveal certain
19 See (n 12) for the long title and full citation.
20 CFRN, s 1 (1); Attorney-General of Abia State v Attorney-General of the Federation (2006) 16
NWLR (pt 1005) 265.
21 CFRN, s 1 (1) and (3).
22 Matters upon which only the National Assembly can regulate. See CFRN, 2nd sch, pt II.
23 Matters upon which both the National Assembly and the States Houses of Assembly can
competently legislate. Note that under the doctrine of covering the field, state law must not be
inconsistent with a Federal Act for it to be valid and enforceable. See generally, CFRN, 2nd
sch, pt II.
24 CFRN, 2nd sch, pt II, para 13 (b).
25 CFRN, 2nd sch, pt II, para 14 (b).
M. U. Ukponu et al.
5.2 Overview of Nigeria’s Renewable
Energy Regulatory Framework
5.2.1 Constitution of the Federal Republic of Nigeria
(CFRN)
19
The CFRN is the supreme law of the land with its provisions having
binding force on all authorities and persons throughout Nigeria.
20
Where any enactment is inconsistent with any provision of the CFRN,
such enactment automatically becomes ineffective and inoperative to the
extent of that inconsistency.
21 For clarity of functions, every matter of the
polity is categorized under either the Exclusive Legislative List
22 or the
Concurrent Legislative List
23 by the CFRN. The electric power sector is a
matter under the Concurrent Legislative List. While the Federal Government regulates electricity in all or any part of the federation,
24 the states
are explicitly put in charge of regulating electricity that is not covered by
the National Grid system (off-grid).
25
The intendment of the CFRN is to empower the Federal Government
to generally promote and regulate electricity throughout the federation
and the States to exercise regulatory functions with regard to off-grid
electricity, which is a major turf for rural electrification, in order to
provide access to electricity for people living in rural and remote areas of
the country. However, this intendment is deduced only on the surface. A
deeper interpretation and analysis of the relevant constitutional provisions, as attempted in Sect. 5.3 of this chapter, would reveal certain
19 See (n 12) for the long title and full citation.
20 CFRN, s 1 (1); Attorney-General of Abia State v Attorney-General of the Federation (2006) 16
NWLR (pt 1005) 265.
21 CFRN, s 1 (1) and (3).
22 Matters upon which only the National Assembly can regulate. See CFRN, 2nd sch, pt II.
23 Matters upon which both the National Assembly and the States Houses of Assembly can
competently legislate. Note that under the doctrine of covering the field, state law must not be
inconsistent with a Federal Act for it to be valid and enforceable. See generally, CFRN, 2nd
sch, pt II.
24 CFRN, 2nd sch, pt II, para 13 (b).
25 CFRN, 2nd sch, pt II, para 14 (b).