The Nigerian National Assembly is gearing up to amend the 2023 Electricity Act, aiming to solidify the Nigerian Electricity Management Services Agency (NEMSA) as the sole authority for enforcing technical standards and regulations within the power sector. This move comes in response to certain states circumventing the existing law by establishing their own technical and safety standards, encroaching on NEMSA’s jurisdiction. Senator Eyinnaya Abaribe, Chairman of the Senate Committee on Power, emphasized the necessity of a unified national standard for electrical safety, citing the 2023 Electricity Act’s lack of explicit language preventing states from enacting their own standards. The amendment aims to rectify this ambiguity, explicitly designating NEMSA as the ultimate authority on technical standards and regulations, superseding any conflicting state-level regulations. This clarification is crucial for ensuring uniformity and preventing a fragmented approach to electrical safety across the nation.
The proposed amendment seeks to address a critical challenge highlighted by the decentralized nature of electricity regulation following the 2023 Electricity Act and the Fifth Alteration to the 1999 Constitution. While these legislative changes empowered states to issue licenses for mini-grids and power plants, they inadvertently created a loophole that allowed some states to establish their own technical standards, undermining the authority of NEMSA. This decentralized approach risks jeopardizing safety standards and creating inconsistencies across the national grid. The amendment aims to close this loophole, reaffirming NEMSA’s exclusive authority and preventing a potentially hazardous scenario of varying and potentially conflicting technical standards across different states.
Senator Abaribe underscored the importance of a single, national standard for electrical safety, highlighting the dangers posed by the current situation where individual entities could potentially establish their own, potentially inadequate, standards. He stressed the importance of federal law prevailing over state law in this matter, arguing that a clear legal framework is essential to prevent a chaotic and unsafe environment in the power sector. The overarching goal is to ensure consistency and reliability in electrical standards nationwide, preventing potential safety hazards and promoting a more robust and secure power sector.
The planned amendment reflects the National Assembly’s commitment to improving the power sector, acknowledging the current challenges and the widespread dissatisfaction among Nigerians. The issue of substandard electrical equipment has been identified as a significant contributor to frequent grid collapses, further emphasizing the urgency of addressing inconsistencies in technical standards. By explicitly empowering NEMSA, the amendment seeks to establish a clear line of authority and accountability, contributing to a safer and more reliable electricity supply for the nation.
NEMSA Managing Director, Aliyu Tahir, emphasized the vital role of the legislative and judicial branches in supporting the regulatory framework of the Nigerian Electricity Supply Industry (NESI). He reiterated NEMSA’s mandate to enforce technical standards, inspect and certify electrical installations, and prioritize the safety of lives and property, both within the national grid and in off-grid networks. Tahir highlighted the critical link between adherence to technical standards and overall safety in the power sector, urging stakeholders to prioritize compliance and advocating for robust oversight and judicial interpretation to tackle the proliferation of substandard electrical materials. This collaborative approach, involving legislative, judicial, and stakeholder engagement, is seen as essential for achieving a safer and more sustainable electricity sector.
The push for the amendment demonstrates a concerted effort to strengthen regulatory oversight and ensure compliance with established safety standards. The National Assembly’s initiative signifies a commitment to addressing the root causes of instability in the power sector and improving the quality and reliability of electricity supply across the country. By empowering NEMSA and establishing clear legal frameworks, the amendment seeks to create a more robust, efficient, and, crucially, safer electricity sector for all Nigerians. This combined effort of legislative action, regulatory enforcement, and stakeholder collaboration aims to establish a foundation for long-term improvements in the Nigerian power sector.
