Nigeria Governors’ Forum (NGF) has rejected the proposed electricity bill, saying the issue is not an exclusive federal matter but guided by the provisions of the Concurrent Legislative List.
In a letter to the Chairman, Senate Committee on Power, Senator Gabriel Suswam, and copied to the Senate President, Senator Ahmad Lawan and the Speaker, House of Representatives, Femi Gbajabiamila, Chairman of NGF and Ekiti State Governor, Dr. Kayode Fayemi said Article 14 reserves exclusively to the State the power to make laws for the distribution of electricity within a state.
The letter reads in part, “We write concerning a matter that has now become one requiring urgent national attention. It has come to the attention of the Nigeria Governors’ Forum (NGF) that the Senate of the Federal Republic of Nigeria has before it a Bill for a law to repeal the Electric Power Sector Reform Act, 2005, consolidate various laws relating to the electricity sector and for many other matters both connected and unconnected therewith.
“The following relevant information has also come to our attention: The Bill has gone through a second reading and a public hearing thereon has been scheduled for the 28th of February and 1st March 2022. A schedule of parties to be heard at these public hearings has been published by the Senate Committee on Power.
“Regrettably, the States have no opportunity to be heard, whether individually or through the Nigeria Governors’ Forum.
“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 have the power to make laws for the generation and transmission of electricity exclusively within the borders of a State.
“We also wish to note that the National Electric Power Policy, 2001, the only extant Federal Government general policy statement on the electricity sector, in Chapter Three, is very clear that the States and State Governments are key stakeholders in the electricity value chain….”
