5 Role of Law in the Energy Transitions in Africa …
179
and off-grid electricity is given back to the States. Furthermore, drawing
from the Kenyan example, EPSRA should be expanded to contain a
detailed regulatory structure and processes for REs. In the alternative,
if the legislators decide to follow the first pathway by enacting a separate RE law, such law should contain far-reaching provisions for the
governance of REs as we have seen in Australia and Germany. However,
the spirit of cooperative federalism should guide compromises in grid
expansion projects vis-à-vis off-grid power installations in rural communities. As rural electrification is a socio-economic issue, it is suggested
that the National Economic Council’s mandate be extended to driving
sectoral reforms through intergovernmental agreements as it occurs in
Australia. The Council could drive cooperative arrangements between
the Federal and State Governments
156 in solving the plausible grid
expansion imbroglios espoused in Sect. 5.3. These, no doubt, would
require constitutional amendments. NERC can engage in expansion
projects where proximity to the grid is close and direct, while State agencies can handle off-grid installations in areas where proximity to the
grid is unfeasible. Alternatively, NDPHC as a joint venture between the
three levels of government can embark on-grid expansion projects in such
circumstances. Furthermore, the Federal and State Governments should
leverage the NDPHC as a viable vehicle to deliver on improving access to
electricity in rural areas by focusing more on off-grid rural electrification
programmes in a balanced manner. These measures will go a long way
to ensure certainty in RE governance and stimulate more investments in
RE.
156 The National Economic Council headed by Yemi Osinbajo (the Vice President) set up an
ad hoc committee on Power Sector Reforms and Distribution Company Ownership headed by
Nasir El-Rufai (the Governor of Kaduna State). However, President Muhammadu Buhari also
set up a Power Sector Reforms Coordination Working Group headed by the Vice President
with the Kaduna State Governor among the members. The idea of having two power sector
reform groups at the presidential level appears superfluous and not to be a viable strategy to
drive power sector reforms through the cooperation of the Federal and State Governments. See
generally Aza Msue, ‘Osinbajo Heads Presidential Working Group on Power Sector Reforms’
(Leadership, 8 March 2020), https://leadership.ng/2020/03/08/osinbajo-heads-presidential-wor
king-group-on-power-sector-reforms/. See also Innocent Oweh, ‘DisCos Underinvested in Power
Sector by N164bn, Owe N230bn—FG’ (Independent, 20 March 2020), https://www.indepe
ndent.ng/discos-underinvested-in-power-sector-by-n164bn-owe-n230bn-fg.
179
and off-grid electricity is given back to the States. Furthermore, drawing
from the Kenyan example, EPSRA should be expanded to contain a
detailed regulatory structure and processes for REs. In the alternative,
if the legislators decide to follow the first pathway by enacting a separate RE law, such law should contain far-reaching provisions for the
governance of REs as we have seen in Australia and Germany. However,
the spirit of cooperative federalism should guide compromises in grid
expansion projects vis-à-vis off-grid power installations in rural communities. As rural electrification is a socio-economic issue, it is suggested
that the National Economic Council’s mandate be extended to driving
sectoral reforms through intergovernmental agreements as it occurs in
Australia. The Council could drive cooperative arrangements between
the Federal and State Governments
156 in solving the plausible grid
expansion imbroglios espoused in Sect. 5.3. These, no doubt, would
require constitutional amendments. NERC can engage in expansion
projects where proximity to the grid is close and direct, while State agencies can handle off-grid installations in areas where proximity to the
grid is unfeasible. Alternatively, NDPHC as a joint venture between the
three levels of government can embark on-grid expansion projects in such
circumstances. Furthermore, the Federal and State Governments should
leverage the NDPHC as a viable vehicle to deliver on improving access to
electricity in rural areas by focusing more on off-grid rural electrification
programmes in a balanced manner. These measures will go a long way
to ensure certainty in RE governance and stimulate more investments in
RE.
156 The National Economic Council headed by Yemi Osinbajo (the Vice President) set up an
ad hoc committee on Power Sector Reforms and Distribution Company Ownership headed by
Nasir El-Rufai (the Governor of Kaduna State). However, President Muhammadu Buhari also
set up a Power Sector Reforms Coordination Working Group headed by the Vice President
with the Kaduna State Governor among the members. The idea of having two power sector
reform groups at the presidential level appears superfluous and not to be a viable strategy to
drive power sector reforms through the cooperation of the Federal and State Governments. See
generally Aza Msue, ‘Osinbajo Heads Presidential Working Group on Power Sector Reforms’
(Leadership, 8 March 2020), https://leadership.ng/2020/03/08/osinbajo-heads-presidential-wor
king-group-on-power-sector-reforms/. See also Innocent Oweh, ‘DisCos Underinvested in Power
Sector by N164bn, Owe N230bn—FG’ (Independent, 20 March 2020), https://www.indepe
ndent.ng/discos-underinvested-in-power-sector-by-n164bn-owe-n230bn-fg.