152
M. U. Ukponu et al.
law or between two Federal laws.
57 In this case, the conflict is based
on inconsistencies between such laws and which of them should take
precedence.
Admittedly, it is easier to resolve conflicts between a federal law and a
State law or between two federal laws where a federal law is the organic
or primary law. In the face of such conflict, legal tools such as legal principles/doctrines, domestic laws, rules of courts and case law come to the
rescue. The CFRN provides that ‘if any other law is inconsistent with
the provisions of this Constitution, this Constitution shall prevail, and
that other law shall to the extent of the inconsistency be void’.
58 The
conflict of electricity laws at the federal level, which portends significant
implications for the governance of off-grid electricity by the States, is the
focal point of this chapter. This conflict consists of different dimensions,
which this chapter seeks to analyse in order to expatiate the view that the
conflict of electricity laws is fundamentally responsible for the slow pace
of development of the NESI.
5.3.2 Conflict of Electricity Laws Hampering off-Grid
Renewable Energy Development
Figure 5.1 indicates the ‘intra-conflict’ of law and ‘inter-conflict’ of laws
as two dimensions to the conflict of electricity laws in Nigeria. We define
‘Intra-conflict’ of law as a concept to indicate conflicting provisions
within a law or regulation. An example of such ‘intra-conflict’ is conflict
among certain provisions of the CFRN about the respective powers of
the Federal and State Governments to promote and regulate electricity
operations. On the other hand, ‘Inter-conflict’ of laws is defined herein
as conflicts between or among certain laws or regulations, in this case
among the CFRN, EPSRA and certain NERC Regulations and even
conflicts between EPSRA and NERC Regulations.
57 Conflict of laws can also exist between two state laws.
58 CFRN, s 1 (3).
M. U. Ukponu et al.
law or between two Federal laws.
57 In this case, the conflict is based
on inconsistencies between such laws and which of them should take
precedence.
Admittedly, it is easier to resolve conflicts between a federal law and a
State law or between two federal laws where a federal law is the organic
or primary law. In the face of such conflict, legal tools such as legal principles/doctrines, domestic laws, rules of courts and case law come to the
rescue. The CFRN provides that ‘if any other law is inconsistent with
the provisions of this Constitution, this Constitution shall prevail, and
that other law shall to the extent of the inconsistency be void’.
58 The
conflict of electricity laws at the federal level, which portends significant
implications for the governance of off-grid electricity by the States, is the
focal point of this chapter. This conflict consists of different dimensions,
which this chapter seeks to analyse in order to expatiate the view that the
conflict of electricity laws is fundamentally responsible for the slow pace
of development of the NESI.
5.3.2 Conflict of Electricity Laws Hampering off-Grid
Renewable Energy Development
Figure 5.1 indicates the ‘intra-conflict’ of law and ‘inter-conflict’ of laws
as two dimensions to the conflict of electricity laws in Nigeria. We define
‘Intra-conflict’ of law as a concept to indicate conflicting provisions
within a law or regulation. An example of such ‘intra-conflict’ is conflict
among certain provisions of the CFRN about the respective powers of
the Federal and State Governments to promote and regulate electricity
operations. On the other hand, ‘Inter-conflict’ of laws is defined herein
as conflicts between or among certain laws or regulations, in this case
among the CFRN, EPSRA and certain NERC Regulations and even
conflicts between EPSRA and NERC Regulations.
57 Conflict of laws can also exist between two state laws.
58 CFRN, s 1 (3).