5 Role of Law in the Energy Transitions in Africa …
173
due to the strong support that the REIPPPP receives from the government as South Africa tries to roll back on coal development and scale
up the installation of RE systems to achieve access to sustainable electricity for rural communities.
136 Government support for RE in Nigeria
is not aggressive due to the heavy focus and reliance on fossil fuels for
revenue generation. Thus, where either pathway of a separate or integrated RE law are followed, the main emphasis should be laid on a
viable and strategic law that focuses on the extensive promotion and
governance of REs, and this would require strong government support
and commitment to successfully implement the RE law for sustainable
impact.
This summary analysis does not trivialize the position that a RE
law is necessary to drive RE development. Depending on the structure
and intendment, a RE law would ideally ensure government accountability and mandate government to pay closer attention to harnessing
RE sources even where the political will to do so may be lacking. In their
own unique ways, both pathways can ensure regulatory certainty where
the structure and provisions of the RE law are strategically set. Notwithstanding, the propriety of a separate or integrated RE law or otherwise
in the Nigerian context is an issue that requires extensive legal research
and analysis beyond this chapter.
5.4.2 Achieving off-Grid and Rural Electricity
Development Through Cooperative Federalism
Federalism entails the devolution of governmental powers between the
Central/Federal Government and the component units (State and Local
Governments) to be exercised within certain limits. Federalism, as Elazar
notes, ensures that ‘the constituting elements in a federal arrangement
share in the process of common policy-making and administration by
right’ to be done in a manner that respects the respective integrities, existence and authority of all constituting elements.
137 Federalism
136 Bloomberg NEF (n 112) 22; IEA (n 128), 248.
137 Daniel J Elazar, Exploring Federalism (University of Alabama Press 1991) 5–6, https://www.
jstor.org/stable/pdf/2131811.pdf?seq=1.
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