5 Role of Law in the Energy Transitions in Africa …
151
the energy mix through greater use of RE. The ERGP seeks to consolidate on the NREEEP by mobilizing investment into executing off-grid
RE.
53
Having highlighted the above RE laws, it is pertinent to discuss the
conflicts existing among them in Sect. 5.3 below.
5.3 A Critical Analysis of the Conflict
of Electricity Laws
5.3.1 Theoretical Background to the Conflict
of Electricity Laws
Conflict of laws, as understood in Private International Law, pertains
to the settlement of disputes relating to the interpretation and application of the domestic law of a country dealing with a foreign element,
i.e. a contact with a foreign system of law other than the domestic
law.
54 In conflict of laws, three elements exist—the domestic law, the
law area/country and the foreign element.
55
Interestingly, conflict of laws sometimes exists in Municipal Law, in
which case the foreign element may not be present.
56 This is where
there is a clash of different legal systems within a country, such as a
clash between customary law and the received English law in disputes
concerning inheritance, succession and the interpretation and execution
of wills. Similarly, there may be a conflict between Federal law and State
53 Ministry of Budget and National Planning, Economic Recovery and Growth Plan (ERGP)
(Policy Paper, 2017) [75]–[77], https://smedan.gov.ng/images/NECR.pdf.
54 Halsbury’s Laws of Australia (vol 4) para 85; Halsbury’s Laws of England (5th edn) para 302.
55 Remigius N Nwabueze, ‘The History and Sources of Conflict of Laws in Nigeria, With
Comparisons to Canada’ (Master’s Degree thesis, University of Manitoba 2000) 1, https://www.
collectionscanada.gc.ca/obj/s4/f2/dsk2/ftp01/MQ53117.pdf.
56 Nwamaka Iguh, ‘Conflicts of Laws in Nigeria’ in Greg C Nwakoby, Kenn C Nwogu and
Meshach N Umenweke (eds), Fundamentals of the Nigerian Legal System (Bekaam Printers
PVT Ltd, 2011) 91, https://www.researchgate.net/publication/317751965_CONFLICTS_OF_
LAWS_IN_NIGERIA. However, Iguh seems to argue that where there is a clash of municipal
laws, there is no conflict of law stricto sensu due to the absence of the foreign element.
Nevertheless, the use of the ‘conflict’ here, concerning Nigeria’s electricity laws, is in terms of
contradictory or inconsistent laws and regulations that govern NESI.
151
the energy mix through greater use of RE. The ERGP seeks to consolidate on the NREEEP by mobilizing investment into executing off-grid
RE.
53
Having highlighted the above RE laws, it is pertinent to discuss the
conflicts existing among them in Sect. 5.3 below.
5.3 A Critical Analysis of the Conflict
of Electricity Laws
5.3.1 Theoretical Background to the Conflict
of Electricity Laws
Conflict of laws, as understood in Private International Law, pertains
to the settlement of disputes relating to the interpretation and application of the domestic law of a country dealing with a foreign element,
i.e. a contact with a foreign system of law other than the domestic
law.
54 In conflict of laws, three elements exist—the domestic law, the
law area/country and the foreign element.
55
Interestingly, conflict of laws sometimes exists in Municipal Law, in
which case the foreign element may not be present.
56 This is where
there is a clash of different legal systems within a country, such as a
clash between customary law and the received English law in disputes
concerning inheritance, succession and the interpretation and execution
of wills. Similarly, there may be a conflict between Federal law and State
53 Ministry of Budget and National Planning, Economic Recovery and Growth Plan (ERGP)
(Policy Paper, 2017) [75]–[77], https://smedan.gov.ng/images/NECR.pdf.
54 Halsbury’s Laws of Australia (vol 4) para 85; Halsbury’s Laws of England (5th edn) para 302.
55 Remigius N Nwabueze, ‘The History and Sources of Conflict of Laws in Nigeria, With
Comparisons to Canada’ (Master’s Degree thesis, University of Manitoba 2000) 1, https://www.
collectionscanada.gc.ca/obj/s4/f2/dsk2/ftp01/MQ53117.pdf.
56 Nwamaka Iguh, ‘Conflicts of Laws in Nigeria’ in Greg C Nwakoby, Kenn C Nwogu and
Meshach N Umenweke (eds), Fundamentals of the Nigerian Legal System (Bekaam Printers
PVT Ltd, 2011) 91, https://www.researchgate.net/publication/317751965_CONFLICTS_OF_
LAWS_IN_NIGERIA. However, Iguh seems to argue that where there is a clash of municipal
laws, there is no conflict of law stricto sensu due to the absence of the foreign element.
Nevertheless, the use of the ‘conflict’ here, concerning Nigeria’s electricity laws, is in terms of
contradictory or inconsistent laws and regulations that govern NESI.