5 Role of Law in the Energy Transitions in Africa …
155
Houses of Assembly to enact laws for ‘the generation, transmission and
distribution of electricity to areas not covered by a national grid system’
within their respective states.
67
Fundamentally, there is a challenge associated with the interpretation of Paragraph 13 of the Concurrent Legislative List empowering the
National Assembly to make laws for regulating electricity in or to any
part of the Federation vis-à-vis the power of the Houses of Assembly
under Paragraph 14 to make laws for the distribution of electricity in
their respective States. Both provisions lead to conflicting interpretations in the sense that although the States can regulate electricity in
areas within their territories that are uncovered by the grid, the Federal
Government under Paragraphs 13 and 13 (b) of the Concurrent Legislative List can still proceed to enact laws for all urban or rural areas,
whether covered by the grid or otherwise.
The preceding analysis begs the question: does the Federal Government’s regulation of off-grid electricity supersede the State Governments’
power to regulate off-grid electricity? If the answer is in the affirmative,
then the purpose of allowing the States to promote and regulate off-grid
electricity in rural communities which have inadequate access to gridtied electricity
68 is defeated. Electricity utility operators would be torn
between the clash of Federal and State electricity laws regulating off-grid
areas where the States ordinarily have the competence to regulate.
These provisions pose a difficult challenge because while the States
have the power to regulate electricity within their respective domains,
it may be expedient for the public interest that the Federal Government enacts electricity laws for a particular area, such as areas where the
Federal Government is embarking on-grid expansion projects. In such
situations, it may be more appropriate for the Federal and State Governments to collaborate in the spirit of cooperative federalism so that the
ultimate goal of achieving access to adequate electricity for Nigerians
is realized. Nevertheless, applying the legal doctrine of expressio unius
est exclusio alterius (the expression of a thing excludes the other), we
believe the intendment is that State Governments be vested with the
67 CFRN, 2nd sch, pt II, para 14 (b).
68 Federal Ministry of Power, (n 47) 3.
155
Houses of Assembly to enact laws for ‘the generation, transmission and
distribution of electricity to areas not covered by a national grid system’
within their respective states.
67
Fundamentally, there is a challenge associated with the interpretation of Paragraph 13 of the Concurrent Legislative List empowering the
National Assembly to make laws for regulating electricity in or to any
part of the Federation vis-à-vis the power of the Houses of Assembly
under Paragraph 14 to make laws for the distribution of electricity in
their respective States. Both provisions lead to conflicting interpretations in the sense that although the States can regulate electricity in
areas within their territories that are uncovered by the grid, the Federal
Government under Paragraphs 13 and 13 (b) of the Concurrent Legislative List can still proceed to enact laws for all urban or rural areas,
whether covered by the grid or otherwise.
The preceding analysis begs the question: does the Federal Government’s regulation of off-grid electricity supersede the State Governments’
power to regulate off-grid electricity? If the answer is in the affirmative,
then the purpose of allowing the States to promote and regulate off-grid
electricity in rural communities which have inadequate access to gridtied electricity
68 is defeated. Electricity utility operators would be torn
between the clash of Federal and State electricity laws regulating off-grid
areas where the States ordinarily have the competence to regulate.
These provisions pose a difficult challenge because while the States
have the power to regulate electricity within their respective domains,
it may be expedient for the public interest that the Federal Government enacts electricity laws for a particular area, such as areas where the
Federal Government is embarking on-grid expansion projects. In such
situations, it may be more appropriate for the Federal and State Governments to collaborate in the spirit of cooperative federalism so that the
ultimate goal of achieving access to adequate electricity for Nigerians
is realized. Nevertheless, applying the legal doctrine of expressio unius
est exclusio alterius (the expression of a thing excludes the other), we
believe the intendment is that State Governments be vested with the
67 CFRN, 2nd sch, pt II, para 14 (b).
68 Federal Ministry of Power, (n 47) 3.