Nigerian Governors Write Senate To Drop Proposed ‘Unconstitutional’ Electricity Bill

State Governors in the country under the aegis of the Nigeria Governors’ Forum, NGF, have written to the Senate on the proposed Electricity Bill, advising the upper legislative body to abandon the bill.

The letter, which was signed by the Chairman of NGF and Ekiti State Governor, Mr Kayode Fayemi and addressed to the Chairman, Senate Committee on Power, Senator Gabriel Suswam (PDP, Benue North East), was copied to the President of the Senate, Senator Ahmad Lawan and the Speaker, House of Representatives, Femi Gbajabiamila.

The letter noted that the proposed bill is injurious to the states in the country with regard to generation, transmission, and distribution of electricity in their domain.

Fayemi argued that, the Bill, which is expected to be presented on Tuesday at the Senate, “Is based on recommendations put together by a team of consultants engaged by the Senate Committee on Power.”
The letter further said “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.”

The governors noted in Clause 2(2) of the Bill that it is rather injurious to the constitutional rights of States with regards to electricity generation, transmission, and distribution.

They therefore argued that 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 letter read in part that, “We wish to point out that ‘electricity’ is not an exclusive federal matter. It is guided by the provisions of the Concurrent Legislative List. Articles 13 and 14 clearly provide that the power to make laws for the generation and transmission of electricity are concurrent.

“Also, Article 14 reserves exclusively to the State the power to make laws for the distribution of electricity within a State as it also does the power to make laws for the generation and transmission of electricity exclusively within the borders of a State.”

According to the governors, past efforts of States to establish and sustain electricity markets of their own have been stifled by the Federal Government, citing efforts of Lagos and Rivers States as examples.

He said the extension of electricity services beyond State capitals in the first 12 States of Nigeria was driven by the State Governments through their State electrification or rural electrification boards.
“This has continued with the 36 States and it is now established by the Nigerian Electricity Regulatory Commission and accepted by the National Council on Privatisation that an average of 30% of the historical investment into the electricity distribution networks were made directly by the States. Most of this value is situated in the rural areas of the 36 States.
“We believe that the reality of the States as key partners in the achievement of universal electricity access by all Nigerians must not only be accepted by the Federal Government but must be legislated by the National Assembly.”

The letter pointed out that States like Lagos, Edo, Ekiti, Ondo and Kaduna have already taken the initiative to enact policy statements and laws for the electricity sectors in their States.
Similar policy is being championed by the 19 States of Northern Nigeria, they noted, pointing out that, these states have come together to establish a common platform for realising the benefits of the extensive renewable energy resources that their region is blessed with.
“It would be unconstitutional and an unjustifiable act of overreach for the Senate to consider and pass a Bill that continues to treat the Federation as one single electricity jurisdiction or sector,” the governors argued.

They explained that, “While a single Electric Power Sector Reform Act may have been useful as a catalyst for the sector in the early years of the Fourth Republic, the States have all come of age, literally and metaphorically, and the arrangements must change in a way that accepts and respects the maturity of the States in electricity matters; a reality that this Senate Electricity Bill does not recognise and take account of but at best only pays the most cursory lip service.
“The most egregious feature that runs throughout the Bill is the establishment of a single Federal Govenment appointee, the Minister of Power, as the de facto head and statutory supervisor of all the key FG electricity sector MDAs, including the Nigerian Electricity Regulatory Commission (NERC), in a supposedly privatised electricity sector. Interestingly, the Minister’s extensive powers over the sector are shared with the National Assembly through the mechanism of legislative oversight responsibilities.

“The Nigeria Governors’ Forum does not support this Electricity Bill in the version currently before the Senate, except these amendments are reflected. This is because it is unconstitutional and maintains the policy of Federal Government overreach in the electricity sector that has not yielded development to the country.

“We state in very clear terms that this Electricity Bill is not a solution to the pressing challenges summarised above. It is also premature in that it does not follow from a comprehensive national dialogue on a completely revised national electricity policy. We doubt that a private member’s Bill such as this can deal with such a complex national security issue without the benefit of extensive research, analysis and prior consultation before a comprehensive Bill is drafted.
“We strongly recommend the constitution of a Working Group, spearheaded by the State Governors under the auspices of the National Economic Council (NEC), to work with the NASS leadership on the way forward for the electricity sector. From this should emerge a new National Electricity Policy and the foundations of a new Act of the National Assembly that, for the first time, will have the full buy-in of the States. Electricity is a vital matter of national security that, by virtue of the 1999 Constitution, is in the concurrent list and should, therefore, be made into law only with the collaboration and concurrence of the States of the Federation.