156
M. U. Ukponu et al.
jurisdiction over off-grid electrification, having expressly vested them
with such powers. Majority of rural communities are not connected
to the grid
69 and this is a turf for the States to promote off-grid RE
infrastructure in rural communities within their domains.
5.3.2.2 Conflict Among the CFRN, EPSRA and NERC
Regulations
Paragraphs 13 and 14 of the Concurrent Legislative List are to the
effect that the Federal and State Governments have concurrent powers
to regulate electricity. However, State Governments can only regulate offgrid electricity. It is on this premise that NERC’s statutory authority to
issue licenses for the off-take of off-grid electricity projects is queried.
Sections 32 (1)(b), 32 (2)(d) and 96 (1) and (2)(l) of EPSRA are
instructive on this point.
Section 32 (1)(b) states that NERC has the power to regulate
consumer connections to distribution systems in both rural and urban
areas while 32 (2)(d) allows NERC to license and regulate persons
engaged in electricity services. Interestingly, s 96 (1) gives NERC
omnibus powers to make regulations for NESI as it deems fit, while s
96 (2)(l) mandates NERC to regulate rural electrification programmes.
Thus, by the community reading and combined effect of ss 32 (1)(b),
32 (2)(d) and 96 (1) and (2)(l) of EPSRA, NERC reserves the exclusive
power to regulate and issue licenses to persons engaged in the generation, transmission and distribution of electricity in both urban and rural
areas.
Firstly, the challenge with these statutory provisions
70 is that apart
from the fact that NERC usurped the State Governments’ powers to
regulate off-grid electricity,
71 the States are also required to obtain
69 Ibid.
70 Particularly EPSRA, ss 32 (2)(d) and 96 (2)(l).
71 Associate Professor Yemi Oke referred to the usurpation of the constitutional powers of
the States concerning electricity regulation in their respective domains as a ‘National Greed’, a
sarcastic pun on what is known as the National Grid. See Yemi Oke, ‘Beyond Power Sector
Reforms: The Need for Decentralized Energy Options (DEOPs) for Electricity Governance in
M. U. Ukponu et al.
jurisdiction over off-grid electrification, having expressly vested them
with such powers. Majority of rural communities are not connected
to the grid
69 and this is a turf for the States to promote off-grid RE
infrastructure in rural communities within their domains.
5.3.2.2 Conflict Among the CFRN, EPSRA and NERC
Regulations
Paragraphs 13 and 14 of the Concurrent Legislative List are to the
effect that the Federal and State Governments have concurrent powers
to regulate electricity. However, State Governments can only regulate offgrid electricity. It is on this premise that NERC’s statutory authority to
issue licenses for the off-take of off-grid electricity projects is queried.
Sections 32 (1)(b), 32 (2)(d) and 96 (1) and (2)(l) of EPSRA are
instructive on this point.
Section 32 (1)(b) states that NERC has the power to regulate
consumer connections to distribution systems in both rural and urban
areas while 32 (2)(d) allows NERC to license and regulate persons
engaged in electricity services. Interestingly, s 96 (1) gives NERC
omnibus powers to make regulations for NESI as it deems fit, while s
96 (2)(l) mandates NERC to regulate rural electrification programmes.
Thus, by the community reading and combined effect of ss 32 (1)(b),
32 (2)(d) and 96 (1) and (2)(l) of EPSRA, NERC reserves the exclusive
power to regulate and issue licenses to persons engaged in the generation, transmission and distribution of electricity in both urban and rural
areas.
Firstly, the challenge with these statutory provisions
70 is that apart
from the fact that NERC usurped the State Governments’ powers to
regulate off-grid electricity,
71 the States are also required to obtain
69 Ibid.
70 Particularly EPSRA, ss 32 (2)(d) and 96 (2)(l).
71 Associate Professor Yemi Oke referred to the usurpation of the constitutional powers of
the States concerning electricity regulation in their respective domains as a ‘National Greed’, a
sarcastic pun on what is known as the National Grid. See Yemi Oke, ‘Beyond Power Sector
Reforms: The Need for Decentralized Energy Options (DEOPs) for Electricity Governance in