5 Role of Law in the Energy Transitions in Africa …
157
licenses from NERC before they can execute rural electricity projects.
NERC seems to rely on the definition of person
72 to include the
State Governments. Thus, under EPSRA, the power of the States to
regulate and promote rural and off-grid electricity can be overridden
by the Federal Government, a clear contradiction of Paragraph 14
of the Concurrent Legislative List which empowers the State Houses
of Assembly to legislate for the promotion and regulation of off-grid
electricity.
Secondly, the authors cautiously question the rationale for the establishment of the REA to embark on off-grid rural electrification projects
73
vis-à-vis the States’ constitutional jurisdiction in off-grid electrification. REA was created to execute the Rural Electrification Strategy and
Implementation Plan (RESIP) to guide grid expansion projects and RE
generation in rural communities.
74 In carrying out these objectives, both
on-grid and off-grid (mini-grid and stand-alone) electrification projects
would be explored.
75 REA is further mandated to manage the Rural
Electrification Fund (REF), among other purposes,
76 to promote grid
expansion and develop off-grid electrification.
77 It suffices to say that
REA’s statutory powers to engage in off-grid electrification in rural
communities is in conflict with the intendments of the CFRN which
puts off-grid electrification within the purview of the States.
78 Thus, a
more purposeful approach would be to amend s 88 of the EPSRA to the
effect that the REF would be utilized as assistance grants or loans to help
the States develop their off-grid RE projects.
Nigeria’ (Scribd , 9 January 2014) 8, https://www.scribd.com/document/197752848/BeyondPower-Sector-Reforms-the-Need-for-Decentralised-Energy-Options-DEOPs-for-Electricity-Gov
ernance-in-Nigeria.
72 EPSRA, s 100; Interpretation Act, s 18.
73 EPSRA, ss 88 (1) and (10).
74 EPSRA, s 88 (9).
75 Federal Ministry of Power, Works and Housing and Rural Electrification Agency, Rural Electrification Strategy and Implementation Plan (RESIP), (July 2006) 1–2, https://rea.gov.ng/dow
nload/rural-electrification-strategy-implementation-plan-resip/.
76 EPSRA, s 88 (13); Rural Electrification Agency (REA), ‘About Us’, https://rea.gov.ng/theage
ncy/.
77 EPSRA, s 88 (13)(c).
78 CFRN, 2nd sch, pt II, para 14.
157
licenses from NERC before they can execute rural electricity projects.
NERC seems to rely on the definition of person
72 to include the
State Governments. Thus, under EPSRA, the power of the States to
regulate and promote rural and off-grid electricity can be overridden
by the Federal Government, a clear contradiction of Paragraph 14
of the Concurrent Legislative List which empowers the State Houses
of Assembly to legislate for the promotion and regulation of off-grid
electricity.
Secondly, the authors cautiously question the rationale for the establishment of the REA to embark on off-grid rural electrification projects
73
vis-à-vis the States’ constitutional jurisdiction in off-grid electrification. REA was created to execute the Rural Electrification Strategy and
Implementation Plan (RESIP) to guide grid expansion projects and RE
generation in rural communities.
74 In carrying out these objectives, both
on-grid and off-grid (mini-grid and stand-alone) electrification projects
would be explored.
75 REA is further mandated to manage the Rural
Electrification Fund (REF), among other purposes,
76 to promote grid
expansion and develop off-grid electrification.
77 It suffices to say that
REA’s statutory powers to engage in off-grid electrification in rural
communities is in conflict with the intendments of the CFRN which
puts off-grid electrification within the purview of the States.
78 Thus, a
more purposeful approach would be to amend s 88 of the EPSRA to the
effect that the REF would be utilized as assistance grants or loans to help
the States develop their off-grid RE projects.
Nigeria’ (Scribd , 9 January 2014) 8, https://www.scribd.com/document/197752848/BeyondPower-Sector-Reforms-the-Need-for-Decentralised-Energy-Options-DEOPs-for-Electricity-Gov
ernance-in-Nigeria.
72 EPSRA, s 100; Interpretation Act, s 18.
73 EPSRA, ss 88 (1) and (10).
74 EPSRA, s 88 (9).
75 Federal Ministry of Power, Works and Housing and Rural Electrification Agency, Rural Electrification Strategy and Implementation Plan (RESIP), (July 2006) 1–2, https://rea.gov.ng/dow
nload/rural-electrification-strategy-implementation-plan-resip/.
76 EPSRA, s 88 (13); Rural Electrification Agency (REA), ‘About Us’, https://rea.gov.ng/theage
ncy/.
77 EPSRA, s 88 (13)(c).
78 CFRN, 2nd sch, pt II, para 14.