176
M. U. Ukponu et al.
was instrumental to the successful negotiation of the Australian Energy
Market Agreement by the Commonwealth, State/Territory and Local
Governments in 2004, aimed at ensuring reliable supply and improving
the investment climate in Australia’s electricity industry.
144 In Nigeria,
we have the National Economic Council headed by the Vice President
with the thirty-six State Governors as members, to advise the President on economic matters,
145 including collaborative efforts towards
improving electricity supply in Nigeria. The National Integrated Power
Project (NIPP) was conceived in 2004 as a fast-track government-funded
initiative to improve electricity supply in Nigeria.
146 The Niger Delta
Power Holding Company Limited (NDPHC), whose entire shares are
fully subscribed to by the Federal, State and Local Governments, was
incorporated as a limited liability company to serve as the special purpose
vehicle to implement the NIPP.
147 The NDPHC Board is headed by the
Vice President with six Governors representing the six geo-political zones
of Nigeria and the Ministers of Power, Petroleum Resources, Finance
and Justice/Attorney-General as members.
148 NDPHC has successfully
delivered on various NIPP electricity generation, transmission and distribution projects across Nigeria.
149
144 Ibid.
145 CFRN, s 153 (1); CFRN, 3rd sch, pt I, paras 18 and 19.
146 The Council of State and the National Assembly approved the initial funding of US$2.5
billion for the NIPP which was drawn from the Excess Crude Oil Account and continues
to approve funding for the NIPP from this account. Because this account is jointly owned
by the three tiers of government, we presume that approval for the commencement of the
NIPP must have witnessed extensive engagement between the executive and legislative arms
of the Federal and State Governments in accordance with the principle of cooperative federalism. See generally NDPHC, ‘Company History’, http://www.ndphc.net/ndphc-company-his
tory; NDPHC, ‘Funding and Incorporation’, http://www.ndphc.net/ndphc-funding-incorpora
tion; Kenneth E Okedu et al., ‘Impact of the Independent Power Producers and National
Integrated Power Projects on the Deregulation of the Nigerian Electricity Sector’ (2018) 20 (1)
Journal of Sustainable Development in Africa 147, 155–160; Stanley Opara, ‘Leveraging NIPP
for Nigeria’s Power Sector Development’ The Guardian (9 January 2019), https://guardian.ng/
energy/leveraging-nipp-for-nigerias-power-sector-development/.
147 NDPHC, ‘Company History’, http://www.ndphc.net/ndphc-company-history.
148 NDPHC, ‘Board of Directors’, http://www.ndphc.net/board.
149 NDPHC, ‘Company History’, http://www.ndphc.net/ndphc-company-history; Opara (n
146); Udeme Akpan, ‘NPDC Completes 8 NIPP Power Plants Worth Billions of Naira’
Vanguard (8 January 2019), https://www.vanguardngr.com/2019/01/nphc-completes-8-nipppower-plants-worth-billions-of-naira/; Ahmed M Murtala, Chikiezie Nwaoha, and Oladokun
M. U. Ukponu et al.
was instrumental to the successful negotiation of the Australian Energy
Market Agreement by the Commonwealth, State/Territory and Local
Governments in 2004, aimed at ensuring reliable supply and improving
the investment climate in Australia’s electricity industry.
144 In Nigeria,
we have the National Economic Council headed by the Vice President
with the thirty-six State Governors as members, to advise the President on economic matters,
145 including collaborative efforts towards
improving electricity supply in Nigeria. The National Integrated Power
Project (NIPP) was conceived in 2004 as a fast-track government-funded
initiative to improve electricity supply in Nigeria.
146 The Niger Delta
Power Holding Company Limited (NDPHC), whose entire shares are
fully subscribed to by the Federal, State and Local Governments, was
incorporated as a limited liability company to serve as the special purpose
vehicle to implement the NIPP.
147 The NDPHC Board is headed by the
Vice President with six Governors representing the six geo-political zones
of Nigeria and the Ministers of Power, Petroleum Resources, Finance
and Justice/Attorney-General as members.
148 NDPHC has successfully
delivered on various NIPP electricity generation, transmission and distribution projects across Nigeria.
149
144 Ibid.
145 CFRN, s 153 (1); CFRN, 3rd sch, pt I, paras 18 and 19.
146 The Council of State and the National Assembly approved the initial funding of US$2.5
billion for the NIPP which was drawn from the Excess Crude Oil Account and continues
to approve funding for the NIPP from this account. Because this account is jointly owned
by the three tiers of government, we presume that approval for the commencement of the
NIPP must have witnessed extensive engagement between the executive and legislative arms
of the Federal and State Governments in accordance with the principle of cooperative federalism. See generally NDPHC, ‘Company History’, http://www.ndphc.net/ndphc-company-his
tory; NDPHC, ‘Funding and Incorporation’, http://www.ndphc.net/ndphc-funding-incorpora
tion; Kenneth E Okedu et al., ‘Impact of the Independent Power Producers and National
Integrated Power Projects on the Deregulation of the Nigerian Electricity Sector’ (2018) 20 (1)
Journal of Sustainable Development in Africa 147, 155–160; Stanley Opara, ‘Leveraging NIPP
for Nigeria’s Power Sector Development’ The Guardian (9 January 2019), https://guardian.ng/
energy/leveraging-nipp-for-nigerias-power-sector-development/.
147 NDPHC, ‘Company History’, http://www.ndphc.net/ndphc-company-history.
148 NDPHC, ‘Board of Directors’, http://www.ndphc.net/board.
149 NDPHC, ‘Company History’, http://www.ndphc.net/ndphc-company-history; Opara (n
146); Udeme Akpan, ‘NPDC Completes 8 NIPP Power Plants Worth Billions of Naira’
Vanguard (8 January 2019), https://www.vanguardngr.com/2019/01/nphc-completes-8-nipppower-plants-worth-billions-of-naira/; Ahmed M Murtala, Chikiezie Nwaoha, and Oladokun
