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Home Sectors Energy

President Bola Tinubu signs Electricity Act 2023 into law

Omono Okonkwo by Omono Okonkwo
June 9, 2023
in Energy, Sectors, Spotlight
Finance Act 2023: Increased taxes and import levy aim to boost revenue
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Article summary 

  • President Tinubu has assented to the 2023 Electricity Act which is a replacement for the Electricity and Power Sector Reform Act of 2005.   
  • The Act will bring about the de-monopolization of Nigeria’s electricity generation, transmission, and distribution of electricity at the National level and empower states, companies, and individuals to generate, transmit and distribute electricity. 
  • The Electricity Act was first passed in July 2022 under the Muhammadu Buhari administration.  

 President Bola Ahmed Tinubu has assented to the Electricity Act 2023 which was initially passed by lawmakers in July 2022.

The Electricity Act will replace the Electricity and Power Sector Reform Act of 2005. It provides a framework to guide the post-privatization phase of the Nigerian Electricity Supply Industry (NESI) as well as encourage private sector investments in the sector. 

Highlighted below are some of the functions the Electricity Act seeks to guide- 

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State electricity empowerment 

The de-monopolization of Nigeria’s electricity generation, transmission, and distribution of electricity at the National level empowers states, companies, and individuals to generate, transmit and distribute electricity.

Under the Act, states can issue licenses to private investors who can operate mini-grids and power plants within the state. However, the Act precludes interstate and transnational electricity distribution. 

Powers of NERC 

Under the Electricity Act 2023, the Nigerian Electricity Regulatory Commission (NERC) will be able to regulate the electricity sector within Nigeria without prejudice to the powers of the states to make laws and create electricity markets within those states and to regulate those markets. 

The Act mandates how NERC can transition regulatory responsibilities from itself to state regulators when they are established. Until a state has passed its electricity market laws, NERC will continue to regulate electricity business exclusively carried out in those states. 

For now, Lagos, Edo and Kaduna states already have electricity market laws and can start regulating their market. But for other states without such laws, NERC will regulate. NERC will still carry out cross-border regulations – generation, and transmission across states will still be regulated by NERC. 

Role of lawmakers 

The Act grants lawmakers the power to carry out oversight responsibilities and function over the NESI through its respective Committees on Power in the Senate and House of Representatives. This is to be carried out notwithstanding the supervisory powers of any government Ministry over government-owned enterprises or other entities operating in the Nigerian electricity supply industry.  

Empowering renewable energy 

Electricity generation licensees are obligated to meet renewable generation obligations as may be prescribed by NERC. Under the Act, electricity generating companies will be mandated to either generate power from renewable energy sources, purchase power generated from renewable energy or procure any instrument representing renewable energy generation. 

The Electricity Act also mandates the imposition of renewable purchase obligations on distribution or supply licensees. 

What you should know

The Act also states that anyone may construct, own or operate an undertaking for generating electricity not exceeding 1 megawatt (MW) in aggregate at a site or an undertaking for distribution of electricity with a capacity not exceeding 100 kilowatts (KW) in aggregate at a site, or such other capacity as NERC may determine from time to time, without a license. 

 

 

 


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Tags: 2023 Electricity ActPresident Tinubu
Omono Okonkwo

Omono Okonkwo

Omono Okonkwo is an accomplished Mass Communicator, with a remarkable track record spanning over a decade across various dimensions of the field. Her proficiency encompasses Print, Digital, and Broadcast Journalism, Copywriting, Research and Writing, Podcasting, Public Speaking, as well as a comprehensive grasp of Energy Markets. Her engagement in energy market coverage commenced officially in 2016, as she assumed the role of a country correspondent (Nigeria) with Natural Gas World, a subsidiary of Minoils Media based in Vancouver, Canada. Since then, Omono Okonkwo has consistently demonstrated excellence and left an indelible mark on the ever-evolving energy sector.

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Comments 42

  1. KARIMU bariyu olaitan says:
    June 9, 2023 at 11:52 am

    This is good….I believe Nigeria would soon get there. The secrecy associated with electricity reform has gone FOREVER…

    Reply
  2. Ojuolape says:
    June 9, 2023 at 1:48 pm

    A president that keeps to promise is truly a hope for Nigeria.

    This is beautiful to watch. Can’t wait for such transformations to come to life in our time.

    Let’s keep it hopes high

    Reply
    • JkkkllDorothylorothyod says:
      June 9, 2023 at 11:11 pm

      This is a come development. I strongly believe that any government who is able to successfully resolve the mystery surrounding electricity in Nigeria is a government of the people and should be largely supported by all and sundry.

      I can imagine how this loudable achievement would impact real estate in Nigeria.

      Reply
      • Eddie says:
        June 10, 2023 at 6:05 am

        We the good people of Ekakpamre community welcome this good gestures from Mr President. We hope delta state government will act quickly and pass electricity market laws to help them regulate the market leaving NERC out the running of our state power companies like Lagos and the others.

        Reply
  3. Fatukasi Olabanji Jacob says:
    June 9, 2023 at 2:07 pm

    This is a good development. It will go a long way to solve power epilepsy in the country. Kudos to the the initiators of the bill and to Mr. President that signed it in to law.

    Reply
  4. Olugbenga Kehinde says:
    June 9, 2023 at 5:34 pm

    Nice one

    Reply
  5. Jakpa Sylvanus says:
    June 9, 2023 at 5:40 pm

    With such law Nigeria will soon leave the era of darkness to light

    Reply
  6. Joe says:
    June 9, 2023 at 6:58 pm

    What then did Buhari signed?

    Reply
    • Dan jay says:
      June 10, 2023 at 7:25 am

      Insecurity Bill, hunger bill and unemployment

      Reply
    • Lube Aguda says:
      June 10, 2023 at 8:26 am

      Buhari didn’t sign the law , he simply passed it thru the law maker’s in July 2022..BAT has finally signed it into law, meaning that it has finally come into existence after it has been asserted to…Kudos to H.E.BAT, he has 1nce again done wat other past leaders failed to do….Nigerians will soon start celebrating the good deeds of this present govt under President Tinubu..

      Reply
  7. Olofingorite Olorunmayowa says:
    June 9, 2023 at 7:48 pm

    This is a welcome development. It will enhance growth in the power sector and if properly followed to the letter by individuals, private organisations and states in the federation the problem of electricity will be a thing of the past in Nigeria.

    Reply
  8. Garba says:
    June 9, 2023 at 8:11 pm

    That’s rhe way to go!

    Reply
  9. Johnson Odufuwa says:
    June 9, 2023 at 8:59 pm

    This will be a real game changer for the Nigerian power sector.

    Reply
  10. OLUGBENGA OLATUNDE AJAYI-WALDORF says:
    June 9, 2023 at 9:54 pm

    A clearly good start.

    Reply
  11. JUDE says:
    June 9, 2023 at 11:16 pm

    This is a welcome development. I strongly believe that any government who is able to successfully resolve the mystery surrounding electricity in Nigeria is a government of the people and should be largely supported by all and sundry.

    I can imagine how this loudable achievement would impact real estate in Nigeria. Our hope seems truly being renewed.

    Reply
  12. Joshua mayor says:
    June 10, 2023 at 12:53 am

    Does it mean Nigeria will have light like other countries?? Like Ghana , Cameroon and other places?? Or we should stop paying electricity bills😂😂😂

    Reply
  13. res non verba says:
    June 10, 2023 at 1:21 am

    The main point of the act is that anyone can build, own, or operate an electricity generation project up to 1 megawatt or a distribution project up to 100 kilowatts without a license. This allows Nigerian households and businesses to produce their own solar electricity and sell any extra power to distribution companies. It’s a win-win situation: no estimated or actual bills from NEPA and they even pay you each month for the electricity they are forced by the Act to buy from you due to its renewable source.

    If this doesn’t start a gold rush in solar in Nigeria, we don’t deserve the blessings from the sun.

    Reply
  14. Udeme A Ukpong says:
    June 10, 2023 at 3:49 am

    Mr. President I can you are making a good steps that will soon improved Nigerian system of government. May God strengthen you.

    Reply
  15. Alonsreal says:
    June 10, 2023 at 4:30 am

    This is a welcome development and certainly the way to go.

    Reply
  16. HUSSAIN says:
    June 10, 2023 at 4:46 am

    I think I understand the point Buhari revolution to Tinubu right now
    I love the government for making things go well smoothly

    Reply
  17. Aminu K/Mata says:
    June 10, 2023 at 5:51 am

    This is a good way to tackle mostly the problems of generation, creation and distribution of electricity in Nigeria.It will also gives an avenue for investment and or other private stakeholders to employ more jobs to Nigerians.One other good thing is using renewable resources to generate electricity bound in the act my president signed.

    Reply
  18. FOREXman says:
    June 10, 2023 at 6:39 am

    I knew that this will be our best bet as a president.
    More good news to come

    Reply
  19. Ayomide says:
    June 10, 2023 at 8:19 am

    May be that’s why they give us light since yesterday in my area Ogun state sagamu area 🙏🏾💡⚡⚡🙏🏾💡🙏🏾💯💯

    Reply
  20. Teslim says:
    June 10, 2023 at 8:29 am

    The big issue rest on how common people will be able to affords stable electricity provided by private investors. We should be ready to pay more..

    Reply
  21. Apache Orogbu says:
    June 10, 2023 at 9:08 am

    If this true, then Nigeria is on the path to greatness, a lot of companies ran away from Nigeria becos of problems with electricity. Many will come back and new ones will come in.Nigeria is the biggest market in Africa…this is good news

    Reply
  22. P Ndem says:
    June 10, 2023 at 9:40 am

    Laudable

    Reply
    • Stephen Ifedayo Oladunjoye says:
      June 11, 2023 at 9:05 am

      This is great, solving electricity problem is a solution to many economic problems facing the country.

      Reply
  23. TJ says:
    June 10, 2023 at 10:45 am

    “ Talking do me no good, action does” I want to see it working before believing. I commend his innovative plans anyway.

    Reply
  24. Roas says:
    June 10, 2023 at 10:53 am

    This is good development in Nigeria, May Almighty Allah strengthen Mr President.

    Reply
  25. This country sef says:
    June 10, 2023 at 11:31 am

    Why must Renewable be mandatory ? When it’s not a stable source nor cheap source of power when compared to other source which are even clean (gas) . Europe ,Asia and America are still burning coal as a huge source of energy

    Reply
  26. Hussenatou Diallo says:
    June 10, 2023 at 12:44 pm

    Amazing 😄 The future is bright for Nigeria’s renewable energy sector.

    Reply
  27. Silas Kefas Abbott says:
    June 10, 2023 at 1:57 pm

    It’s a welcome idea putting it to action is what matters and if it’s workable/achievable.

    Reply
  28. Hannah Omolaoye says:
    June 10, 2023 at 2:18 pm

    This is a good development for Nigeria. Thank you Mr. President, i have always believed in God to change the epileptic situation of electricity in Nigeria. We will keep praying for you to put other things right for our great nation and to lay solid foundation for the nation. Thank you again and God bless you.

    Reply
  29. bethel okoro says:
    June 10, 2023 at 8:58 pm

    The law is useless on paper. The only way it can be useful is when all of you leave the key pad and think of how to generate electricity for yourselves and your communities. You don’t need licence to do this.

    Reply
    • Abdulsalam Adamu says:
      June 11, 2023 at 8:19 am

      You don’t need license only if the power you generate doesn’t exceed 1 megawatt!

      Reply
    • Akinmolu Oluwaseun says:
      June 12, 2023 at 12:31 pm

      I love this statement!!!

      Reply
  30. Jacob talkwell says:
    June 11, 2023 at 8:46 am

    That’s good development for Nigeria

    Reply
  31. Source says:
    June 11, 2023 at 11:19 am

    Commendable Mr president. Keep signing and keep seeing that they are implemented because a law without enforcement is a wasted ink. Good luck

    Reply
  32. Dannewlife says:
    June 11, 2023 at 12:35 pm

    I am begging to like this president
    .He is starting well !

    Reply
  33. DHRUBAJYOTI ROY says:
    June 11, 2023 at 6:42 pm

    The future is bright for Nigeria’s renewable energy secto ,mainly Solar power. India and Nigeria jointly can take initiative to produce Solar Power in Lagos, Edo and Kaduna states . And the good things is that Under the Act, states can issue licenses to private investors who can operate mini-grids and power plants within the state . This is a good development for Nigeria. Thank you Mr. Presiden .
    With an installed solar capacity of over 63.3 GW, India is the 5th largest solar country in the world.

    Reply
  34. Goodman1 says:
    June 12, 2023 at 1:53 am

    What about estimated nepa bill accumulated account that was not settled. How will it be reconciled.

    Reply
  35. Mannboss says:
    June 12, 2023 at 6:21 pm

    BAT is our renewed hope

    Reply

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