180
M. U. Ukponu et al.
Having said the above, it appears that most States are either oblivious
of their constitutional powers regarding the promotion and regulation of
off-grid electricity or lack the capacity to do so. If the former is the case,
this chapter serves as a wake-up call to the States to take charge of those
constitutional powers. It is, however, likelier that the latter is the case.
Several options are open to the States, such as engaging in collaborative
efforts with the Federal Government (as with the NDPHC) or engaging
in public–private partnerships and other sources of private finance. They
should be bold to challenge any perceived usurpation of their constitutional obligations. Lagos State, as well as Kaduna and Nasarawa States,
is trying to exercise their constitutional powers through the implementation of various off-grid/rural RE projects
157 but they are still required
to seek certain permits/licenses under relevant NERC Regulations. The
Federal Government (and/or its relevant agencies), in coalition with State
Governments, should exercise the political will to repeal any conflicts
in our electricity laws in order to ensure access to clean, affordable and
efficient electricity for all. After all, the essence of a federalist approach
to electricity regulation involving the States is to bring socio-economic
development closer to the people through sustainable energy systems.
Acknowledgements Special thanks to Sophia Okaruefe and Ahmed Belgore
for their helpful comments.
Bibliography
Articles/Books
Atsegbua, Lawrence, Vincent Akpotaire and Folarin Dimowo, Environmental
Law in Nigeria: Theory and Practice (Ambik Press, 2010).
Bohme, Markus and Carsten Bartholl, ‘Germany’ in Karen B Wong (ed), The
Renewable Energy Law Review (Law Business Research, 2019) 45
157 Kukoyi, Hayatuddini and Samuel (n 124), 119.
M. U. Ukponu et al.
Having said the above, it appears that most States are either oblivious
of their constitutional powers regarding the promotion and regulation of
off-grid electricity or lack the capacity to do so. If the former is the case,
this chapter serves as a wake-up call to the States to take charge of those
constitutional powers. It is, however, likelier that the latter is the case.
Several options are open to the States, such as engaging in collaborative
efforts with the Federal Government (as with the NDPHC) or engaging
in public–private partnerships and other sources of private finance. They
should be bold to challenge any perceived usurpation of their constitutional obligations. Lagos State, as well as Kaduna and Nasarawa States,
is trying to exercise their constitutional powers through the implementation of various off-grid/rural RE projects
157 but they are still required
to seek certain permits/licenses under relevant NERC Regulations. The
Federal Government (and/or its relevant agencies), in coalition with State
Governments, should exercise the political will to repeal any conflicts
in our electricity laws in order to ensure access to clean, affordable and
efficient electricity for all. After all, the essence of a federalist approach
to electricity regulation involving the States is to bring socio-economic
development closer to the people through sustainable energy systems.
Acknowledgements Special thanks to Sophia Okaruefe and Ahmed Belgore
for their helpful comments.
Bibliography
Articles/Books
Atsegbua, Lawrence, Vincent Akpotaire and Folarin Dimowo, Environmental
Law in Nigeria: Theory and Practice (Ambik Press, 2010).
Bohme, Markus and Carsten Bartholl, ‘Germany’ in Karen B Wong (ed), The
Renewable Energy Law Review (Law Business Research, 2019) 45
157 Kukoyi, Hayatuddini and Samuel (n 124), 119.