*Say electricity on Concurrent List, not Exclusive List
The 36 states of the federation, through their commissioners for power and energy, have kicked against the plan by the National Assembly to amend the Electricity Act 2023 to make the Nigerian Electricity Management Services Agency (NEMSA) the sole regulatory agency for enforcing technical standards in the power sector.
The states have also kicked against the federal lawmakers’ attempt to bar them from performing regulatory functions such as enforcing technical standards in the electricity sector in their jurisdictions.
The Forum of State Commissioners of Power and Energy in Nigeria (FOCPEN) expressed their opposition to the plan in a letter dated December 14, 2024, and addressed to the Chairman of Senate Committee on Power, Senator Enyinnaya Abaribe, in response to the proposed amendment to the 2023 Electricity Act
The letter, sighted by THISDAY, was jointly signed by the Chairman of FOCPEN and Cross River State Commissioner for Power and Renewable Energy, Prince Eka Williams, and the Secretary and Benue State Commissioner for Power and Transportation, Omale Omale.
The letter was copied to the Minister of Power, Chief Adebayo Adelabu; Chairman of the Nigerian Electricity Regulatory Commission (NERC), Mr. Sanusi Garba; Managing Director of NEMSA, Aliyu Tahir; Director General of the Nigeria Governors’ Forum (NGF), Dr Abdulateef Shittu; and Chairman of the House of Representatives Committee on Power, Victor Nwokolo. In its seven-point response, the forum argued that electricity is on the Concurrent List and not the Exclusive Legislative List of the Constitution.
By implication, it said both the federal and state governments have legislative and regulatory responsibilities concerning electricity matters, including the development and enforcement of technical and safety standards.
The forum also posited that the nation’s Constitution designates states as the custodians of enforcing technical standards within their territories, noting that it was not within the purview of the federal government or its agencies to usurp this role. It equally argued that the proposed amendments by the Senate conflict with the decentralisation principle embedded in the 2023 Electricity Act and the Fifth Alteration to the 1999 Constitution, which the National Assembly championed. According to the commissioners, these laws aim to empower states, companies, and individuals to play active roles in the electricity sector.
The forum also argued that NEMSA’s operational track record in the power sector raises serious concerns, citing NERC’s report which stated that 172 Nigerians lost their lives due to electricity-related accidents between January 2023 and June 2024, with 115 fatalities in 2023 alone.
These figures, the forum said, exposed the significant lapses in NEMSA’s enforcement of safety and technical standards.
The letter reads in part, “We write to you on behalf of the Forum for Commissioners of Power and Energy in Nigeria, to address the remarks made during the recent Stakeholders Roundtable on Technical Standards and Regulations in the power sector.
These remarks, along with media reports, suggest plans to amend the 2023 Electricity Act to recognize the Nigerian Electricity Management Services Agency (NEMSA) as the sole regulatory agency for enforcing technical standards and to bar States from performing such functions.” While opposing the planned amendment, the forum argued that electricity is not on the Exclusive Legislative List of the Constitution but on the Concurrent List.
“By implication, both the Federal and State Governments have legislative and regulatory responsibilities concerning electricity matters, including the development and enforcement of technical and safety standards,” the forum stated. The states further argued that “the Constitution designates states as the custodians of enforcing technical standards within their territories. It is not within the purview of the federal government or its agencies to usurp this role.”
The forum also insisted that “the proposed amendments conflict with the decentralisation principle embedded in the 2023 Electricity Act and the Fifth Alteration to the 1999 Constitution, which the National Assembly championed. These laws aim to empower States, companies, and individuals to play active roles in the electricity sector.”
The forum also argued that NEMSA’s operational track record raises serious concerns. “According to the Nigerian Electricity Regulatory Commission (NERC), between January 2023 and June 2024, 172 Nigerians lost their lives due to electricity-related accidents, with 115 fatalities in 2023 alone. These figures indicate significant lapses in NEMSA’s enforcement of safety and technical standards, even before states began asserting their constitutional roles in this area,” the forum added.
While calling for collaboration rather than usurpation of states’ powers, the forum said instead of seeking to undermine states’ constitutional powers, NEMSA should collaborate with states to develop and implement robust processes for enforcing technical standards and inspecting electrical installations.
It maintained that this cooperative approach will enhance safety and technical integrity across the electricity sector.
While noting the role of the Standards Organisation of Nigeria (SON) in matters of technical standards in sectors, the forum emphasized that NEMSA did not set technical standards for electrical materials and equipment.
According to FOCPEN, this responsibility lies with the SON, adding that states acknowledge SON’s statutory role and were prepared to work collaboratively to ensure these standards were upheld. The commissioners warned that any attempt to amend the Electricity Act to bar states from enforcing technical standards would be an affront to the Constitution and federalism.
The forum, however, urged the National Assembly to reconsider this approach and focus on fostering collaboration between NEMSA, states, and other stakeholders to ensure the safety, reliability, and sustainability of Nigeria’s electricity sector.
Additionally, the forum recommended that NEMSA address critical operational gaps, such as the prevalence of substandard electrical materials, which have contributed to numerous fatalities in recent years.
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