News Editor
From Dooshima Terkura, Makurdi
The Forum of Commissioners of Power and Energy in Nigeria (FOCPEN) has express profound surprise and concern regarding the proposed Electricity Act (Amendment) Bill, 2025, currently undergoing deliberation in the Nigerian Senate.
FOCPEN has therefore called on the National Assembly to halt further consideration of the bill as Electricity is a concurrent legislative matter under the 1999 Constitution.
The Forum made this call in a statement signed by its Chairman and Secretary, Prince Eka Williams and Barr. Omale Omale who are Commissioners of Power and Renewable Energy, in Cross River and Benue States respectively.
The forum said “This unexpected legislative move comes barely two years after the landmark Electricity Act 2023 was signed into law, and a period during which many States have only just begun to establish and operationalize their electricity markets under the new decentralized framework.”
According to them, “More than 16 States have passed their electricity laws since the enactment of the Electricity Act in 2023 by President Bola Ahmed Tinubu.”
FOCPEN also noted with dismay the absence of any prior consultations with state
governments, or their relevant commissioners and state electricity regulatory bodies, during the drafting and presentation of this crucial amendment bill on the floor of the Senate.
“This oversight is particularly concerning given the significant strides made in decentralizing Nigeria’s electricity sector.
“The Electricity Act 2023 stands as a signature achievement of President Bola Ahmed Tinubu’s administration. Its enactment followed the groundbreaking fifth alteration to the 1999 Constitution of the Federal Republic of Nigeria, which decisively removed all ambiguities regarding the ability of States to make laws and regulate electricity markets
within their territories.
“This transformative legislation has since catalyzed a wave of reform, empowering sub-national governments to drive electricity development within
their territories, attract local and international investments, and address the unique power needs of their citizens.
“It is therefore surprising that within two years of its passage, the Electricity Act 2023 is now subjected to a sweeping amendment of key provisions of the Act, without any consultation whatsoever with State governments or their regulatory institutions.
“This unilateral approach undermines the spirit of cooperative federalism and threatens to reverse the gains made in decentralizing Nigeria’s electricity sector,” the forum said.
While describing the proposed Electricity Act (Amendment) Bill, 2025, is an attempt at a “backdoor amendment” of the 1999 Constitution of the Federal Republic of Nigeria (as amended), the forum said the amendment bill, if passed, will create a constitutional conflict between the Federal Government and States, as well as legal and regulatory conflicts between federal and state regulators, undermining the principle of cooperative federalism and potentially inviting judicial challenges
They also noted that the proposed amendment would in the long run result in higher electricity tariffs for consumers especially those already struggling with high electricity tariffs for Band A service describing it as unacceptable.
The statement further read “FOCPEN firmly believes that this is not the opportune time for an amendment to the Electricity Act 2023, as the Act is still in its early implementation phase.
“In addition, several States have commenced the process to operationalize their electricity laws and create viable state electricity markets.
“In this regard, the Forum calls on the National Assembly to halt further consideration of the bill. Noting that Electricity is a Concurrent legislative matter under the 1999 Constitution.
“The Forum advocates that any future considerations for an amendment of the Electricity Act 2023, must be preceded by broad-based consultation and collaboration with state governments to ensure that federal legislation complements, rather than undermines, nascent state electricity markets.
“The Forum of Commissioners of Power and Energy in Nigeria holds the National Assembly in high esteem and remains committed to working with all stakeholders, including the Nigerian Senate, to foster a robust, constitutionally compliant, and financially viable electricity sector that serves the best interests of all Nigerians.
“We reiterate that the Electricity Act 2023, as currently enacted, provides the necessary framework for achieving these objective,” it added.
