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Nigeria: Electricity Bill – Governors Reject Single Power Market in Nigeria

The Nigerian Governors Forum (NGF) and other stakeholders in the nation’s power sector yesterday rejected the continued federal government sole control of electricity matters in the country.

The governors in a statement were reacting to Electricity Bill 2022 which was considered by the Senate Committee on Power at a public hearing held at the National Assembly.

The state chief executives through their Chairman, Dr. Kayode Fayemi of Ekiti State, said the proposed legislation was unconstitutional in view of the federal status of Nigeria

The governors in their objection to the bill said it would be unconstitutional and an unjustifiable act of overreach for the Senate to consider and pass a bill that continue to treat the federation as one single electricity jurisdiction or sector.

Fayemi said, “While a single Electric Power Sector Reform Act may have been useful as a catalyst for the sector in the early years of the Fourth Republic, the states have all come of age, literally and metaphorically, and the arrangements must change in a way that accepts and respects the maturity of the States in electricity matters.

“This is a reality that this Senate Electricity Bill does not recognise and take account of but at best only pays the most cursory lip service.

“After 71 years of sole and unchallenged central control of the electricity sector, we live with an electricity sector divided into two parts.

“One part is the FG-controlled and -regulated national electricity market that today is insolvent, bankrupt and delivers no more than approximately 4,000MW/96,000MWh daily to 220m Nigerians, or an average of 18w/432watt-hours daily, barely enough to power two (2) 10-watt light bulbs a day.

“The other part of Nigeria’s electricity sector is the alternative/back-up market, whose estimated capacity is approximately 40,000MWso much so that Nigerian citizens are their own electricity providers in their homes, factories, schools, hospitals and places of worship.

“Our calculations indicate that if the 40,000MW of electrical back-up capacity owned and operated by Nigerians were to be delivered to them by licensed private IPPs and distribution companies through organised public electricity markets, Nigerian citizens and governments would have saved up to N17trn in 2021.”

He added: “Much money was being burnt up via diesel and petrol generator operating/maintenance costs, instead of being saved and invested by private citizens and businesses.

“Some of the companies are captured by the states and Federal Government as tax revenues and levies.

“This has been the norm for decades and has worsened each year even as it seems set to continue in 2022 and beyond.

“It is in these circumstances that the Senate now has before it an Electricity Bill that does not address any of the challenges that threaten the sector and the nation.

“Rather, its key characteristics are a failure to recognise and provide for the rights of States to have their own electricity markets.

“The re-establishment of the same single national electricity market has brought neither growth in capacity nor socio-economic development to the nation.

“The development is affecting the absence of a clear path for the market to exit permanently from its long-running insolvent status.”

The Minister of Power, Abubakar Aliyu also picked holes in the bill.

He observed that some of its provisions were watering down the powers of Power Minister as coordinator and overall supervisory authority over the sector .

He said, “By such limitation on the power of the Minister has the potential to hinder efficient coordination of the Ministry and its agencies , impede the Minister’s ability for accountability as it hinders seamless reporting to the President.”

The President of the Senate , Ahmad Lawan and the Chairman of the Committee, Senator Gabriel Suswam , said since the power sector reform Act 2005 was no longer sufficient for post privatization exigencies , a comprehensive legal instrument as envisioned with Electricity Bill 2022, is very necessary.

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