5 Role of Law in the Energy Transitions in Africa …
153
CONFLICT OF ELECTRICITY LAWS
‘Intra-Conflict’ of Law
‘Inter-Conflict’ of Laws
Intra-Constitutional conflict
Conflict amongst
Conflict between
CFRN, EPSRA & NERC
EPSRA & NERC
Regulations
Regulations
Fig. 5.1 A mnemonical illustration of the conflicts existing within Nigeria’s
electricity regulatory framework
5.3.2.1 Intra-Constitutional Conflict
i. Paragraph 13 (a) vis-à-vis Paragraph 14 (a) of the Concurrent Legislative List
Paragraph 13 (a) gives the National Assembly the power to make
laws with respect to ‘electricity and the establishment of electric power
stations’.
59 Interestingly, Paragraph 14 (a) gives the Houses of Assembly
the power to make laws concerning electricity and the establishment
in that State of electric power stations.
60 On the surface, these two
provisions simply state that both the Federal and State Governments
can regulate electric power stations (the GenCos),
61 in line with federalist principles and a positive for rapid RE transition and development.
However, the difficulty with the interpretation of these provisions is that
it appears that all power stations, whether or not established by a State,
59 CFRN, 2nd sch, pt II, para 13 (a).
60 CFRN, 2nd sch, pt II, para 14 (a).
61 Most electric power stations are operated by the electricity generation companies (GenCos).