REJOINDER: THE ELECTRICITY ACT 2023 – A PATH TO NORTHERN EMPOWERMENT, NOT DISEMPOWERMENT

Written by ENGR. AMINU GANDA 

A recent article titled “The Iniquities of the Electricity Act of 2023 – South vs. North, Rich vs. Poor” published in several newspapers, is a deeply flawed and dangerously misleading narrative which attempts to frame the Electricity Act (EA) 2023 as a politically-motivated instrument that disadvantages the North. Not only is it riddled with factual inaccuracies but it is a shameful and disgraceful attempt to sow discontent and exploit old fault lines for a narrow agenda.  

For clarity, the power for States to legislate on electricity at the subnational level was not granted by the Electricity Act (EA) 2023. That power is a constitutional power vested on States by the 1999 Constitution (as amended), and not subject to the laws of the National Assembly. The Fifth Alteration to the 1999 Constitution, signed into law by Late President Muhammadu Buhari, GCFR, removed previous constitutional ambiguity that restricted States' oversight of their electricity markets to "areas not covered by the national grid" within their territories. The EA 2023 merely provides the framework for implementing this constitutional right. Any attempt to roll back this progress is not just a violation of the Constitution—it is a betrayal of the right of Sub-nationals to self-determination in energy development and energy security within their territories.

Contrary to the referenced article, the EA 2023 is, in fact, the most significant legal framework in decades that offers the North a real path to energy security and economic prosperity. 

EPSRA AND NERC: TWO DECADES OF NORTHERN DISADVANTAGE
To understand why the EA 2023 is a blessing for the North, one must first look at the disastrous legacy of the old system under the Electric Power Sector Reform Act (EPSRA) 2005. For over two decades, the Electric Power Sector Reform Act (EPSRA) was the governing law that centralized electricity regulations under the NERC and enabled a national grid that systematically failed the northern region. The North, which accounts for the vast majority of Nigeria's un-electrified population, was condemned to darkness under this centralized system. The statistics are damning:

 The North has one of the lowest electricity consumption per capita rates in the World. The World Bank data from 2023 confirms that of the over 80 million Nigerians without access to electricity, a staggering 70% reside in the North. 

 Nigeria’s national grid system is radial; one transmission line connects the North East to the national grid, making it the most vulnerable region in the country. The entire North East region was without power for six months earlier this year due to a single point of failure in the national grid. The Northwest suffered a three-month blackout for the same reason.

 The statistics from NERC reports on energy off-take by Distribution Companies (DisCos) further highlight this imbalance in electricity consumption created under the EPSRA. The combined allocation of the five Discos serving the north including FCT (Abuja, Kaduna, Kano, Jos and Yola DisCos) is only 36.5% where Lagos alone (Eko & Ikeja Discos) receive 26% of the centrally administered NESI. 

The Electricity Act 2023 is the first real opportunity for the North to take its energy destiny into its own hands. It recognizes true federalism by empowering States to regulate electricity within their borders. It corrects historical inefficiencies, allowing bottom-up market development and localized solutions that reflect diverse economic realities

A REFORM ROOTED IN NORTHERN LEADERSHIP

The author's attempt to present the EA 2023 signed by President Bola Ahmed Tinubu, GCFR, as a "southern bill" is a falsehood that betrays a wilful ignorance of the legal and political history of the sector. On the contrary, the EA 2023 is a reform with deep Northern roots. The groundwork to reform the power sector and devolve full constitutional powers to sub-nationals to make laws to create and regulate their electricity markets was laid under Late President Muhammadu Buhari. The 5th alteration of the 1999 Constitution (as amended) and Electricity Act 2023, were passed by the 9th National Assembly. It is pertinent to state that the Chairmen of both the Senate Committee on Power (Senator Gabriel Torwua Suswam (Benue)) and the House of Representatives Committee on Power (Hon. Aliyu Magaji Dau (Jigawa)), at the time, are from the North. It is most commendable that President Bola Tinubu signed the Electricity Bill (as it was then known) into law within ten days after his inauguration. Hence, for anyone to seek to give an ethnic coloration to the Electricity Act (2023) is not only reprehensible, but a direct assault on the integrity of these northern leaders who championed the constitutional reforms and the Electricity Act.

FULL STATE PARTICIPATION IN ELECTRICITY UNDER THE EA 2023
The claim that St