5 Role of Law in the Energy Transitions in Africa …
177
The NIPP is a laudable initiative, but its performance over the years
has generated two major concerns. Firstly, NDPHC/NIPP projects are
largely for the delivery of on-grid electricity generation, transmission and
distribution infrastructures powered by fossil fuels. Less attention has
been paid to off-grid electricity, resulting in poor outcomes with regard
to securing energy access in rural communities. Secondly, even under
its side solar energy programme tagged ‘NDPHC Beyond the Grid’,
150
there are criticisms that it has been entirely executed in Northern
Nigeria,
151 excluding other parts of the country in non-compliance with
the principle of federal character.
152 Thus, in accordance with cooperative federalism, the Federal, State and Local Governments should
align the NDPHC to focus more on holistic off-grid rural electrification
programmes to improve energy access across Nigeria.
In summary, regulatory requirements mandating investors and operators to obtain NERC licenses for off-grid RE investments and operations
in rural communities is not in tandem with the spirit of cooperative
federalism. The component units which are closer to the geographical
locations where off-grid electric systems are to be implemented are better
placed to promote electricity development in those locations. Cooperative federalism suggests a willingness (or at least an acceptance) between
relevant levels of government to work together to solve problems that are
their constitutional responsibility.
153 The challenges facing rural electrification are regional in scope, and there is value in preserving State and
A J Olagoke, ‘Potentials of Sustainable Electricity Generation from Natural Gas in Nigeria
towards Economic Growth’ (2013) 3 (2) International Journal of Emerging Trends in Engineering
and Development 617, 624–627, https://www.researchgate.net/profile/Chikezie_Nwaoha/public
ation/285744229_Potentials_of_sustainable_electricity_generation_from_Natural_Gas_in_Nig
eria_towards_economic_growth/links/580eb42c08ae47535247b880/Potentials-of-sustainable-ele
ctricity-generation-from-Natural-Gas-in-Nigeria-towards-economic-growth.pdf.
150 The Cable, ‘Niger Delta Power Holding Company Ltd: Boosting Electricity Supply, Infrastructure Capacity’ (20 November 2019), https://www.thecable.ng/niger-delta-power-holdingcompany-ltd-boosting-electricity-supply-distribution-infrastructure-capacity.
151 E O Diemuodeke and T A Briggs, ‘Policy Pathways for Renewable and Sustainable Energy
Utilisation in Rural Coastline Communities in the Niger Delta Zone of Nigeria’ (2018) 4
Energy Reports 638, 639–640.
152 See CFRN, s 14 (3).
153 Stephen Jones, ‘The Future of Renewable Energy in Australia: A Test for Cooperative
Federalism?’ (2009) 68 (1) The Australian Journal of Public Administration 1, 2.
177
The NIPP is a laudable initiative, but its performance over the years
has generated two major concerns. Firstly, NDPHC/NIPP projects are
largely for the delivery of on-grid electricity generation, transmission and
distribution infrastructures powered by fossil fuels. Less attention has
been paid to off-grid electricity, resulting in poor outcomes with regard
to securing energy access in rural communities. Secondly, even under
its side solar energy programme tagged ‘NDPHC Beyond the Grid’,
150
there are criticisms that it has been entirely executed in Northern
Nigeria,
151 excluding other parts of the country in non-compliance with
the principle of federal character.
152 Thus, in accordance with cooperative federalism, the Federal, State and Local Governments should
align the NDPHC to focus more on holistic off-grid rural electrification
programmes to improve energy access across Nigeria.
In summary, regulatory requirements mandating investors and operators to obtain NERC licenses for off-grid RE investments and operations
in rural communities is not in tandem with the spirit of cooperative
federalism. The component units which are closer to the geographical
locations where off-grid electric systems are to be implemented are better
placed to promote electricity development in those locations. Cooperative federalism suggests a willingness (or at least an acceptance) between
relevant levels of government to work together to solve problems that are
their constitutional responsibility.
153 The challenges facing rural electrification are regional in scope, and there is value in preserving State and
A J Olagoke, ‘Potentials of Sustainable Electricity Generation from Natural Gas in Nigeria
towards Economic Growth’ (2013) 3 (2) International Journal of Emerging Trends in Engineering
and Development 617, 624–627, https://www.researchgate.net/profile/Chikezie_Nwaoha/public
ation/285744229_Potentials_of_sustainable_electricity_generation_from_Natural_Gas_in_Nig
eria_towards_economic_growth/links/580eb42c08ae47535247b880/Potentials-of-sustainable-ele
ctricity-generation-from-Natural-Gas-in-Nigeria-towards-economic-growth.pdf.
150 The Cable, ‘Niger Delta Power Holding Company Ltd: Boosting Electricity Supply, Infrastructure Capacity’ (20 November 2019), https://www.thecable.ng/niger-delta-power-holdingcompany-ltd-boosting-electricity-supply-distribution-infrastructure-capacity.
151 E O Diemuodeke and T A Briggs, ‘Policy Pathways for Renewable and Sustainable Energy
Utilisation in Rural Coastline Communities in the Niger Delta Zone of Nigeria’ (2018) 4
Energy Reports 638, 639–640.
152 See CFRN, s 14 (3).
153 Stephen Jones, ‘The Future of Renewable Energy in Australia: A Test for Cooperative
Federalism?’ (2009) 68 (1) The Australian Journal of Public Administration 1, 2.