178
M. U. Ukponu et al.
local voices in policymaking decisions.
154 Therefore, the importance of
cooperative federalism in rural electrification projects cannot be overemphasized because access to energy for all is a common objective of all
levels of government.
5.5 Conclusion
In evaluating the significance of law in stimulating energy development,
questions as to whether a regulatory framework has improved or impeded
energy development and how best a regulatory framework can be strategically positioned to stimulate energy development would have to be
determined.
155 This chapter has shown that the conflicts existing among
Nigeria’s electricity laws has led to the slow pace of off-grid RE development, and there is a need for urgent legal reforms. A situation where
both Federal and State Governments regulate off-grid electricity amounts
to duplication of responsibilities, bureaucratic bottlenecks and uncertainty for RE operators and investors. It is worrisome when there are
conflicting provisions between two laws for the regulation of a sector.
It is even more worrisome when there are conflicting provisions within a
particular law. The effect of such ‘intra-conflict’ is a tendency towards the
suicidal— the purpose or intendment for which the CFRN was enacted
has been defeated by the conflicting provisions of that law itself, rather
than extraneous law(s) or factor(s).
These conflicts can be foundationally resolved by amending Paragraphs 13, 13 (a), 13 (b), 13 (f ), 14 (a) and 14 (b) of the Concurrent
Legislative List to clearly stipulate that all electrification outside the grid
rests within the competence of the States to the exclusion of the Federal
Government. Similarly, in line with the second pathway as espoused in
Sect. 5.4, the EPSRA should be amended to the effect that the powers
of NERC and REA to the extent that they promote and regulate rural
154 Daniel A Lyons, ‘Federalism and the Rise of Renewable Energy: Preserving State and Local
Voices in the Green Energy Revolution,’ (2014) 64 (4) Case Western Reserve Law Review 1619.
155 Yinka Omorogbe, ‘Universal Access to Modern Electricity Services: The Centrality of the
Law’ in Yinka Omorogbe and Ada Ordor (eds), Ending Africa’s Energy Deficit and the Law:
Achieving Sustainable Energy for All in Africa (Oxford University Press, 2018) 1, 25.
M. U. Ukponu et al.
local voices in policymaking decisions.
154 Therefore, the importance of
cooperative federalism in rural electrification projects cannot be overemphasized because access to energy for all is a common objective of all
levels of government.
5.5 Conclusion
In evaluating the significance of law in stimulating energy development,
questions as to whether a regulatory framework has improved or impeded
energy development and how best a regulatory framework can be strategically positioned to stimulate energy development would have to be
determined.
155 This chapter has shown that the conflicts existing among
Nigeria’s electricity laws has led to the slow pace of off-grid RE development, and there is a need for urgent legal reforms. A situation where
both Federal and State Governments regulate off-grid electricity amounts
to duplication of responsibilities, bureaucratic bottlenecks and uncertainty for RE operators and investors. It is worrisome when there are
conflicting provisions between two laws for the regulation of a sector.
It is even more worrisome when there are conflicting provisions within a
particular law. The effect of such ‘intra-conflict’ is a tendency towards the
suicidal— the purpose or intendment for which the CFRN was enacted
has been defeated by the conflicting provisions of that law itself, rather
than extraneous law(s) or factor(s).
These conflicts can be foundationally resolved by amending Paragraphs 13, 13 (a), 13 (b), 13 (f ), 14 (a) and 14 (b) of the Concurrent
Legislative List to clearly stipulate that all electrification outside the grid
rests within the competence of the States to the exclusion of the Federal
Government. Similarly, in line with the second pathway as espoused in
Sect. 5.4, the EPSRA should be amended to the effect that the powers
of NERC and REA to the extent that they promote and regulate rural
154 Daniel A Lyons, ‘Federalism and the Rise of Renewable Energy: Preserving State and Local
Voices in the Green Energy Revolution,’ (2014) 64 (4) Case Western Reserve Law Review 1619.
155 Yinka Omorogbe, ‘Universal Access to Modern Electricity Services: The Centrality of the
Law’ in Yinka Omorogbe and Ada Ordor (eds), Ending Africa’s Energy Deficit and the Law:
Achieving Sustainable Energy for All in Africa (Oxford University Press, 2018) 1, 25.