Power to the People (and the States) - The Independence of a Regulator in the Sub-national Nigerian Electricity Market

Power to the People (and the States) - The Independence of a Regulator in the Sub-national Nigerian Electricity Market

Introduction

Following the enactment of the Electricity Act, 2023 (the “Electricity Act”), and the Fifth Alteration to the Constitution of the Federal Republic of Nigeria, 1999, the Nigerian Electricity Supply Industry (“NESI”) and ultimately, the electricity sector has undergone significant reform. Chief among these is the decentralistaion of electricity regulation, which empowers state governments to regulate electricity within their respective states, including areas covered by a national grid system.

This article explores the importance of regulatory independence within this new decentralised framework, highlighting existing limitations and proposing actionable strategies to ensure that regulatory independence is guaranteed and safeguarded under the new regime.