Consortium seeks protection of states’ autonomy in Electricity Amendment Bill 2026 – News Agency of Nigeria

Abuja, Oct. 6, 2026 (NAN) The Clean Energy Legal Working Group, a consortium of civil society organisations (CSOs) policy and energy experts as well as lawyers, has called for a review of the proposed Electricity Act Amendment Bill 2026.
Addressing newsmen in Abuja on Tuesday, the group’s National Coordinator, Mr Michael Karikpo, raised concerns over some provisions in the bill that could undermine the decentralisation and clean-energy objectives of the Electricity Act 2023.
Karikpo said that the group’s position followed a review of the Electricity Act 2023 and its constitutional implications as well as an economic analysis comparing renewable-heavy and gas-heavy electricity mixes.
He said that the amendment should strengthen rather than reverse reforms introduced by the Act that expanded the role of states in developing and regulating electricity markets within their jurisdictions.
According to him, the Act provides a framework for electricity generation, transmission and distribution, including the development of state-level electricity markets and the integration of renewable energy into Nigeria’s energy mix.
Karikpo explained that provisions capable of increasing federal control over electricity markets and cross-border power trading could weaken competition and discourage investment.
He said that Section 2(4) and Section 2d of the bill should be deleted and Section 2(3) redrafted to protect state autonomy.
Karikpo also said that Sections 230a, 228a-c, 230b, 230c, 232 and 34 should be revised, as they might conflict with the constitutional powers given to states over electricity generation, distribution and transmission.
The expert recommended clearer delineation of federal and state regulatory powers, particularly in relation to electricity markets, infrastructure and power trading.
Although he described Electricity Act 2023 as a transformative instrument, Karikpo, however, said it would require some amendments to bring it in line with some of the lessons learnt.
“We recommend the establishment of a National Electricity Development Council in the Electricity Act, comprising representatives from the Federal Ministry of Power, NERC, NISO and state energy ministries, state electricity regulatory agencies.
“It should also include representatives of consumers and local communities, to serve as the principal forum to build cohesion and forge policy harmonisation, cross-border infrastructure coordination and the development of national strategies that incorporate broad public perspectives.
“We recommend a review of all sections of the Electricity Act 2023 that appear to overreach the constitutional grant of authority to states and seek to restrict states in the management of electricity within their jurisdiction.
“The development of a legal framework for inter-state and regional electricity infrastructures, power wheeling and power pools would go a long way to attract investment and enhance efficiency.
“The bill must ensure a robust enforcement of consumer protection rules, full metering of customers and the Service-Based Tariff framework should be reformed to promote equity, affordability and energy justice by ensuring a guaranteed minimum electricity supply for all consumers.
“It should eliminate inequitable band classifications, introducing a lifeline tariff that provides free or subsidised electricity to vulnerable households and strengthen regulatory oversight to improve accountability, consumer protection and universal access,” he said.
Karikpo suggested the redrafting of host communities obligations to safeguard the communities’ rights to meaningful participation, free, prior and informed consent, lawful protest and effective grievance redress.
According to him, the goal of delivering constant and affordable energy to hundreds of millions of Nigerians still appears far off despite the policy reforms and pledges made by current and previous administrations.
“We must deliver practical solutions, starting with enhancing clarity and certainty in our legal and regulatory frameworks to advance energy security, enhance affordability and ensure access to energy for all Nigerians, while reducing pollution and greenhouse gas emissions,” he said.(NAN)