154
M. U. Ukponu et al.
will be subject to both Federal and State electricity laws. The danger
here is that Federal and State electricity laws may mandate GenCos to
meet divergent statutory requirements on a particular technical issue.
This divergence can lead to bureaucratic bottlenecks,
62 confusion, and
uncertainties
63 for the electric power station operators while attempting
to meet those divergent requirements under both Federal and State
electricity laws.
The intendments of these two constitutional provisions are understandable, but their interpretation can lead to ambiguities and uncertainties in the governance of electricity by both Federal and State Governments. These constitutional provisions ought to have been drafted in
clearer wordings that would comprehensibly define the Federal and
State Governments’ regulatory boundaries within NESI. In essence, Paragraphs 13 (a) and 14 (a) of the Concurrent Legislative List are ambiguous
and conflicting and require amendment.
ii. Paragraphs 13, 13 (b) and 13 (f ) vis-à-vis Paragraph 14 (b) of the
Concurrent Legislative List
The combined effect of Paragraphs 13, 13 (b) and 13 (f ) are that the
National Assembly has powers to enact laws for the whole or any part of
the federation,
64 including ‘the generation and transmission of electricity
in or to any part of the Federation’
65 and ‘the regulation of the right
or authority of any person to use, work or operate a plant, apparatus,
equipment or work designed for the supply or use of electrical energy’.
66
In essence, the Federal Government can regulate electricity distribution
by any person or authority. However, Paragraph 14 (b) gives the State
62 The fulfilment of statutory requirements/obligations can be quite cumbersome for GenCos,
especially as most of them are private sector-owned/run. This situation is inimical to the need
to create an enabling environment for private sector participation in the various industries,
including NESI.
63 There would be confusion and uncertainties for the GenCos as to which law to obey, especially when it is impossible or impracticable to obey divergent Federal and State electricity laws
on a particular issue.
64 CFRN, 2nd sch, pt II, para 13.
65 CFRN, 2nd sch, pt II, para 13 (b).
66 CFRN, 2nd sch, pt II, para 13 (f ).
M. U. Ukponu et al.
will be subject to both Federal and State electricity laws. The danger
here is that Federal and State electricity laws may mandate GenCos to
meet divergent statutory requirements on a particular technical issue.
This divergence can lead to bureaucratic bottlenecks,
62 confusion, and
uncertainties
63 for the electric power station operators while attempting
to meet those divergent requirements under both Federal and State
electricity laws.
The intendments of these two constitutional provisions are understandable, but their interpretation can lead to ambiguities and uncertainties in the governance of electricity by both Federal and State Governments. These constitutional provisions ought to have been drafted in
clearer wordings that would comprehensibly define the Federal and
State Governments’ regulatory boundaries within NESI. In essence, Paragraphs 13 (a) and 14 (a) of the Concurrent Legislative List are ambiguous
and conflicting and require amendment.
ii. Paragraphs 13, 13 (b) and 13 (f ) vis-à-vis Paragraph 14 (b) of the
Concurrent Legislative List
The combined effect of Paragraphs 13, 13 (b) and 13 (f ) are that the
National Assembly has powers to enact laws for the whole or any part of
the federation,
64 including ‘the generation and transmission of electricity
in or to any part of the Federation’
65 and ‘the regulation of the right
or authority of any person to use, work or operate a plant, apparatus,
equipment or work designed for the supply or use of electrical energy’.
66
In essence, the Federal Government can regulate electricity distribution
by any person or authority. However, Paragraph 14 (b) gives the State
62 The fulfilment of statutory requirements/obligations can be quite cumbersome for GenCos,
especially as most of them are private sector-owned/run. This situation is inimical to the need
to create an enabling environment for private sector participation in the various industries,
including NESI.
63 There would be confusion and uncertainties for the GenCos as to which law to obey, especially when it is impossible or impracticable to obey divergent Federal and State electricity laws
on a particular issue.
64 CFRN, 2nd sch, pt II, para 13.
65 CFRN, 2nd sch, pt II, para 13 (b).
66 CFRN, 2nd sch, pt II, para 13 (f ).