5 Role of Law in the Energy Transitions in Africa …
163
into Nigerian politics in 1966,
105 the tendency to centralize sectoral
regulation has remained in the psycho-political mindset of successive
governments, despite the return to democratic governance twenty years
ago.
106 Centralizing electricity regulation potentially slows down the
pace of rapid RE transition and development as the Federal Government is overburdened with the Herculean task of meeting high electricity
demands throughout a vast country like Nigeria. The Federal Government cannot do this alone, hence the essence of the States’ participation
in the promotion and management of electricity. But for these conflicts,
as the Federal Government is focusing on promoting geothermal, hydro
and solar power,
107 the States would have been actively complementing
such efforts by harnessing more solar power and other RE sources
108 such
as biogas for off-grid rural electrification.
These conflicts further create a discord between the Federal and
State Governments regarding electricity regulation. A situation where the
NERC plans to expand the grid to a hitherto unserved rural community
wherein a State Government has concluded plans to promote off-grid
electricity could lead to protracted litigations that would continue to
hamper electricity development. The Federal Government could even
apply its federal might to takeover electricity infrastructure installed by
105 On 17 January, 1967, Major General Johnson Aguiyi-Ironsi succeeded the Alhaji Abubakar
Tafawa Balewa-led democratic civilian government after a coup d’état. On 24 May, 1967,
Aguiyi-Ironsi promulgated the Unification Decree Number 34, dissolving Nigeria’s federal structure into a unitary entity. The unitary system of government saw a centralized governance
arrangement that ensured the central government was politically and economically stronger
than the regional (sub-national) administrations. Six months later, his government was ousted
through a counter-coup d’état and the federal system was restored (at least in theory).
106 It is a debate within political science circles that Nigeria is not practising democratic governance in its idealistic sense; rather Nigeria practices ‘civil rule’ system of government, which is
largely a centralized government system without the involvement of the military.
107 Chijioke Mama, ‘On-Grid Solar in Nigeria: Two Years After The PPAs’ (The Solar Future,
22 February, 2018), https://nigeria.thesolarfuture.com/news-source/2018/2/22/on-grid-solar-innigeria-two-years-after-the-ppas; Detail Commercial Solicitors, ‘Prospects of Solar Power in
Diversifying Nigeria’s Energy Mix’ Financial Nigeria, (10 August 2016), http://www.financial
nigeria.com/prospects-of-solar-power-in-diversifying-nigeria-s-energy-mix-feature-67.html.
108 The States would have ably focused on developing other RE sources that are not the primary
focus of the Federal Government for their off-grid rural electrification programmes.
163
into Nigerian politics in 1966,
105 the tendency to centralize sectoral
regulation has remained in the psycho-political mindset of successive
governments, despite the return to democratic governance twenty years
ago.
106 Centralizing electricity regulation potentially slows down the
pace of rapid RE transition and development as the Federal Government is overburdened with the Herculean task of meeting high electricity
demands throughout a vast country like Nigeria. The Federal Government cannot do this alone, hence the essence of the States’ participation
in the promotion and management of electricity. But for these conflicts,
as the Federal Government is focusing on promoting geothermal, hydro
and solar power,
107 the States would have been actively complementing
such efforts by harnessing more solar power and other RE sources
108 such
as biogas for off-grid rural electrification.
These conflicts further create a discord between the Federal and
State Governments regarding electricity regulation. A situation where the
NERC plans to expand the grid to a hitherto unserved rural community
wherein a State Government has concluded plans to promote off-grid
electricity could lead to protracted litigations that would continue to
hamper electricity development. The Federal Government could even
apply its federal might to takeover electricity infrastructure installed by
105 On 17 January, 1967, Major General Johnson Aguiyi-Ironsi succeeded the Alhaji Abubakar
Tafawa Balewa-led democratic civilian government after a coup d’état. On 24 May, 1967,
Aguiyi-Ironsi promulgated the Unification Decree Number 34, dissolving Nigeria’s federal structure into a unitary entity. The unitary system of government saw a centralized governance
arrangement that ensured the central government was politically and economically stronger
than the regional (sub-national) administrations. Six months later, his government was ousted
through a counter-coup d’état and the federal system was restored (at least in theory).
106 It is a debate within political science circles that Nigeria is not practising democratic governance in its idealistic sense; rather Nigeria practices ‘civil rule’ system of government, which is
largely a centralized government system without the involvement of the military.
107 Chijioke Mama, ‘On-Grid Solar in Nigeria: Two Years After The PPAs’ (The Solar Future,
22 February, 2018), https://nigeria.thesolarfuture.com/news-source/2018/2/22/on-grid-solar-innigeria-two-years-after-the-ppas; Detail Commercial Solicitors, ‘Prospects of Solar Power in
Diversifying Nigeria’s Energy Mix’ Financial Nigeria, (10 August 2016), http://www.financial
nigeria.com/prospects-of-solar-power-in-diversifying-nigeria-s-energy-mix-feature-67.html.
108 The States would have ably focused on developing other RE sources that are not the primary
focus of the Federal Government for their off-grid rural electrification programmes.