5 Role of Law in the Energy Transitions in Africa …
147
lacunae or conflicts that defeat the purpose of the constitutional intendment to empower the State Governments to promote and regulate
off-grid electricity.
5.2.2 Electric Power Sector Reform Act (EPSRA)
26
EPSRA is the principal sectoral statute governing electricity in Nigeria,
subject to the CFRN. EPSRA established NERC primarily to oversee
the licensing and regulation of generation, transmission, distribution
and supply of electricity in rural and urban communities
27 and the
Rural Electrification Agency (REA) to promote off-grid, RE and rural
electrification and manage the Rural Electrification Fund (REF).
28
A community reading of the provisions of the EPSRA will reveal that
its major objective is to provide a solid framework for the achievement of
the overall reform objectives of the National Electric Power Policy 2001
and the NESI in meeting current and future electricity demand in the
country. It defines the roles and functions of NERC in the overall regulation of the electric power sector. It equally mandates the REA to work
with NERC towards the progress and achievement of the Rural Electrification Strategy and Implementation Plan (RESIP)
29 which includes the
provision of rural communities with access to electricity, promotion of
renewable energy generation and the expansion of main and mini-grid
systems.
It is observed that despite the fact that the EPSRA excludes captive
generation,
30 an off-grid electric system, from licensing requirements,
NERC still regulates captive generation in diverse ways. Although
EPSRA was drafted in a manner that almost completely depletes the
constitutional competence of the States to regulate electricity,
31 few states
26 See (n 8) for the full citation.
27 EPSRA, preamble and ss 31 (1), 32 and 62 (1) and (2).
28 EPSRA, s 88 (1), (4), (5), (9) (11) and (13).
29 Ibid., s 88 (5).
30 EPSRA, s 62 (1) (a).
31 On this point, see EPSRA, s 62.
147
lacunae or conflicts that defeat the purpose of the constitutional intendment to empower the State Governments to promote and regulate
off-grid electricity.
5.2.2 Electric Power Sector Reform Act (EPSRA)
26
EPSRA is the principal sectoral statute governing electricity in Nigeria,
subject to the CFRN. EPSRA established NERC primarily to oversee
the licensing and regulation of generation, transmission, distribution
and supply of electricity in rural and urban communities
27 and the
Rural Electrification Agency (REA) to promote off-grid, RE and rural
electrification and manage the Rural Electrification Fund (REF).
28
A community reading of the provisions of the EPSRA will reveal that
its major objective is to provide a solid framework for the achievement of
the overall reform objectives of the National Electric Power Policy 2001
and the NESI in meeting current and future electricity demand in the
country. It defines the roles and functions of NERC in the overall regulation of the electric power sector. It equally mandates the REA to work
with NERC towards the progress and achievement of the Rural Electrification Strategy and Implementation Plan (RESIP)
29 which includes the
provision of rural communities with access to electricity, promotion of
renewable energy generation and the expansion of main and mini-grid
systems.
It is observed that despite the fact that the EPSRA excludes captive
generation,
30 an off-grid electric system, from licensing requirements,
NERC still regulates captive generation in diverse ways. Although
EPSRA was drafted in a manner that almost completely depletes the
constitutional competence of the States to regulate electricity,
31 few states
26 See (n 8) for the full citation.
27 EPSRA, preamble and ss 31 (1), 32 and 62 (1) and (2).
28 EPSRA, s 88 (1), (4), (5), (9) (11) and (13).
29 Ibid., s 88 (5).
30 EPSRA, s 62 (1) (a).
31 On this point, see EPSRA, s 62.