170
M. U. Ukponu et al.
credit schemes, net metering, feed-in tariffs, and 0% import duty and
tax exemptions.
127 Consequently, Kenya is reported to have achieved
unprecedented milestones including 70% RE penetration into its energy
mix; access to electricity for 9 million homes through off-grid RE; and
attracted up to US$4.1 billion in RE investments.
128 Furthermore, due
to the government’s policy focus to harness the country’s RE potentials,
especially geothermal energy, Kenya ranks 1st in Africa and 9th globally
for geothermal power production.
129
This second pathway trivializes the position of the first pathway–
the enactment of a separate RE law in Nigeria–as being superfluous at
best. The fact that the EPSRA contains scant provisions on RE regulation merely provides an opportunity for its amendment to expand on
the statutory regulation of various RE options within the same statutory document. The Kenyan example shows that a single electricity law
which encompasses far-reaching provisions for the efficient regulation of
both REs and non-REs significantly aids a regulator to better manage the
development and integration of REs into an energy mix that is already
serviced by non-REs. Particularly, Kenya’s electricity law made specific
reference to the implementation of the National Energy Policy, which
contains even more specific details for harnessing geothermal, solar,
wind, hydro and biofuels resources.
130 This should be the pathway for
Nigerian legislators to follow in order to achieve adequate and efficient
electricity supply from both RE and non-RE sources.
It does not necessarily follow that a separate RE law would be necessary in order to achieve energy transition targets. The advantage of the
regulation of all energy options within a single holistic legislation, as seen
in Kenya, is the double opportunity of integrating REs into the energy
127 Energy Act 2019 (Kenya), ss 75 (2)(g), 91 and 162.
128 International Energy Agency (IEA), Africa Energy Outlook (2019) 232–235, https://africa
check.org/wp-content/uploads/2019/12/Africa_Energy_Outlook_2019.pdf; UNEP/Bloomberg
NEF, Global Trends in Renewable Energy Investment (2019) 51, https://wedocs.unep.org/bit
stream/handle/20.500.11822/29752/GTR2019.pdf.
129 REN 21, Renewables Global Status Report (2019) 217, https://www.ren21.net/wp-content/
uploads/2019/05/gsr_2019_full_report_en.pdf.
130 See generally: Energy Act 2019 (Kenya); Ministry of Energy, National Energy
Policy 2018, https://kplc.co.ke/img/full/BL4PdOqKtxFT_National%20Energy%20Policy%20O
ctober%20%202018.pdf.
M. U. Ukponu et al.
credit schemes, net metering, feed-in tariffs, and 0% import duty and
tax exemptions.
127 Consequently, Kenya is reported to have achieved
unprecedented milestones including 70% RE penetration into its energy
mix; access to electricity for 9 million homes through off-grid RE; and
attracted up to US$4.1 billion in RE investments.
128 Furthermore, due
to the government’s policy focus to harness the country’s RE potentials,
especially geothermal energy, Kenya ranks 1st in Africa and 9th globally
for geothermal power production.
129
This second pathway trivializes the position of the first pathway–
the enactment of a separate RE law in Nigeria–as being superfluous at
best. The fact that the EPSRA contains scant provisions on RE regulation merely provides an opportunity for its amendment to expand on
the statutory regulation of various RE options within the same statutory document. The Kenyan example shows that a single electricity law
which encompasses far-reaching provisions for the efficient regulation of
both REs and non-REs significantly aids a regulator to better manage the
development and integration of REs into an energy mix that is already
serviced by non-REs. Particularly, Kenya’s electricity law made specific
reference to the implementation of the National Energy Policy, which
contains even more specific details for harnessing geothermal, solar,
wind, hydro and biofuels resources.
130 This should be the pathway for
Nigerian legislators to follow in order to achieve adequate and efficient
electricity supply from both RE and non-RE sources.
It does not necessarily follow that a separate RE law would be necessary in order to achieve energy transition targets. The advantage of the
regulation of all energy options within a single holistic legislation, as seen
in Kenya, is the double opportunity of integrating REs into the energy
127 Energy Act 2019 (Kenya), ss 75 (2)(g), 91 and 162.
128 International Energy Agency (IEA), Africa Energy Outlook (2019) 232–235, https://africa
check.org/wp-content/uploads/2019/12/Africa_Energy_Outlook_2019.pdf; UNEP/Bloomberg
NEF, Global Trends in Renewable Energy Investment (2019) 51, https://wedocs.unep.org/bit
stream/handle/20.500.11822/29752/GTR2019.pdf.
129 REN 21, Renewables Global Status Report (2019) 217, https://www.ren21.net/wp-content/
uploads/2019/05/gsr_2019_full_report_en.pdf.
130 See generally: Energy Act 2019 (Kenya); Ministry of Energy, National Energy
Policy 2018, https://kplc.co.ke/img/full/BL4PdOqKtxFT_National%20Energy%20Policy%20O
ctober%20%202018.pdf.