Presser - NGF Objects to Senate Electricity Bill

The 36 Governors have objected to the Senate Electricity Bill as prepared by the National Assembly, and which is due for discussion this week, saying it disrobed states of their constitutionally defined roles, as the Bill is injurious to the states with regards to generation, transmission, and distribution of electricity in their domains.

The Chairman of the Nigeria Governors’ Forum and Governor of Ekiti State, Dr. John Kayode Fayemi has already written to the Chairman Senate Committee on Power expressing Governor's vehement objection to the Bill. (see Letter)

The Governors wonder why the Chairman Senate Committee on Power, Senator Gabriel Suswam had in an article argued that “The Electricity Bill 2022 is based on recommendations put together by a team of Consultants engaged by the Senate Committee on Power. Invariably, the Electricity Bill by the Senate Committee on Power is not a “true and fair” reflection of stakeholders in the Nigerian electricity sector, most particularly the State governments. It is also not a “true and fair” reflection of the Federal executive arm.”

Contrary to the views of the Chairman, Clause 2(2) of the Bill is rather injurious to the constitutional rights of States with regards to electricity generation, transmission, and distribution. Limiting the powers of State governments to build generation plants, transmission, and distribution lines ONLY in areas not covered by the national grid shrinks the powers of States to make laws for electricity within their state jurisdictions.

The NGF submission details other aspects of the Electricity Bill that not only violates the constitutional rights of States, but unconstitutionally donates powers to the National Assembly and the Federal Government with respect to the supervision and regulation of electricity generation, transmission, and distribution within States.

NGF advises that it is important to engage the Federal House of Representatives on the respective bills for the electricity sector, particularly the EPSRA amendment bill 2020 and other bills, which also infringe on the constitutional rights of states to make laws for electricity, with a view to harmonizing it into a single draft electricity bill.