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What the Constitutional Amendment for State Electricity regulation means for Nigeria’s Energy Industry

supreme court, Muhammadu Buhari

Muhammadu Buhari

Key highlights


Last week, President Buhari signed into law, a constitutional amendment that allows states across the country to license, generate, transmit, and distribute electricity.

On March 17, the Special Assistant to the President on New Media, Tolu Ogunlesi via Twitter, said:

Nairametrics spoke to several stakeholders in Nigeria’s power sector to make sense of this amendment as it affects business, states internally generated revenues, prepaid metering for households and businesses as well as how the amendment will impact distribution companies (DISCOs).

Understanding the amendment

As states have been granted the power to generate, distribute and transmit electricity, all states will be allowed to develop their electricity market frameworks which will be specific to their capacity and realities.

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Nigerian Electricity Market Lawyer, Ivie Ehanmo told Nairametrics that as electricity markets advance within states, with commensurate improvements to the current grid bottlenecks on a national scale, the decentralized electricity market structure affords the opportunity for states to sell power to the grid. She also highlighted the following:

Decreased pressure on the national grid

Ivie Ehanmo told Nairametrics that a decentralized structure will decrease pressure on the grid and allow for cheaper power to be supplied to vulnerable and life-line customers in unserved and underserved areas. According to Ehanmo, this will promote grid flexibility and reduction in grid expansion costs. In addition, the amendment will allow states to expand and explore their available energy mixes to undertake adequate system planning and demand forecasting,

Improvement of socioeconomic status of states

Power sector analyst, Bayode Akomolafe believes that the amendment means a new level of accountability and responsibility for state governments. He says each state government has the tool and power to improve the socioeconomic status of their state through the deployment of energy resources as seen fit. Akomolafe told Nairametrics:

The Chief Executive Officer, of Revive Earth, Chukwuemeka George Eze, told Nairametrics that the policy amendment means more internally generated revenue (IGR) for states, which is a great opportunity to diversify their power generation and distribution, and a more reliable supply network. He said:

Opportunity for distribution companies (DISCOs) to improve capacity

The amendment creates an opportunity for DISCOs to improve capacity and increase revenue flow if suitable strategies are deployed and new growth plans are implemented. Akomolafe told Nairametrics that this also means the regional monopoly of DISCOs will end as new state players will emerge. This resulting competition will provide consumers with options which is a panacea for improved service delivery.

Akomolafe says he foresees a collaboration with smaller players, as the state players can leverage DISCO’s existing technical and commercial infrastructure and capacity for accelerated growth. According to Akomolafe, the amendment also affects power-generating companies (GENCOs) as it affects DISCOs. So, GENCOs can build a state entity for the development of generation facilities at the state level or partner with smaller players.

Increased investments in prepaid meters

Odion Omonfoman, the Chief Executive Officer, of New Hampshire Capital Limited, told Nairametrics that the amendment will create opportunities for increased investments in metering. According to him, the amendment means that states now have the right to make electricity and can set up their electricity DISCOs and transmission infrastructure operating side by side with existing infrastructure. He said the amendment will bring about investments into state grids and increased investments in metering.

This is because end-user customers will need prepaid meters when there is an increase in state electricity market penetration. He pointed out the fact that successor DISCOs are already dealing with inherited metering gaps. Meanwhile, state DISCOs may not because the Electric Power Sector Reform Act (EPRA) requires new connections to be metered, so states will find it easy to meter their consumers because they have no backlog, unlike successor DISCOs.

Impact on Power supply

According to Power sector analyst, Bayode Akomolafe, the amendment will have three likely impacts on Nigeria’s power supply. These are:

A policy hiccup: However, Omonfoman notes that there are regulatory uncertainties that need to be cleared up. In Omonfoman’s opinion, stakeholders in the power sector players like the Nigeria Electricity Regulatory Commission (NERC), National Assembly, Federal Ministry of Power, and all states need to chart a path as to how both the state and federal electricity markets will co-exist.

He says there should be a framework for Nigeria’s new electricity market and the linkages between both state and federal. The framework will address the extent of NERC’s power, the extent of the power of the state governments and those who oversee monitoring standards and customer complaints. Omonfoman told Nairametrics that it will be better if the regulatory uncertainties are cleared up before the emergence of the tenth National Assembly.

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