The Ondo State Commissioner for Energy and Mineral Resources, Engineer Johnson Alabi, has accused the Nigerian Electricity Regulatory Commission (NERC) of still exercising control over electricity regulation in states despite powers granted to sub-national governments under the Electricity Act 2023.
Speaking in an interview with ARISE NEWS on Wednesday, Alabi said the decentralisation arrangement introduced by the new law was not being fully implemented by the federal regulator.
“NERC runs to the media and tells the whole world we’ve given power to the state to regulate the electricity market, to generate, to distribute, to transmit. They say that, actually. But in the real sense of it, the control still resides at NERC. And we feel that it is an aberration. And it’s not supposed to be happening.”
Alabi said Ondo State had established its own electricity regulatory structure following the constitutional changes that transferred regulatory authority to states. “Before this time, regulatory used to be the exclusive responsibility of NERC. But by the assent of the president in 2023 to the new Electricity Act, that responsibility has been ceded to the state that is the sub-national. “Now, as of today, I think we have about 15 or 16 states that have gained full autonomy. And having gained this autonomy, it is expected that each state will begin to run with their own responsibilities.”
He said the dispute with NERC was linked to electricity infrastructure and distribution within Ondo State’s territory, particularly involving projects handled by the Niger Delta Power Holding Company (NDPHC). “Yes, within our geographical boundary. That is where we’re having an issue.”
According to Alabi several intervention projects carried out by NDPHC in Ondo communities had remained unused and vulnerable to vandalism. “Most of their intervention, for instance, in Ondo State today, are just their line follow. Nobody’s using them. And before you could know it, vandalization would take place. And we feel that this cannot continue to happen.”
“There is a particular area in Ondo State that has not been with electricity for years. This company, this agency, NDPHC, have done a lot of intervention for them. Instal transformers, instal poles and cables and all the things. At the end of the day, they get vandalised.”
Alabi said the state government approached NDPHC to take over some infrastructure through the Ondo State Power Company to improve electricity supply to affected communities. “So, we approached NDPHC. Instead of allowing this into life follow, we would like to take over because we are now in charge of our own regulatory.”
Defending the state’s actions, he argued that electricity distribution within a state remained under the exclusive authority of state governments. “It is especially when that infrastructure is within our own boundary. We are not crossing the state. And what the law says is that distribution is purely the exclusive right of the state. And that is why we are taking control of that feeder.”
He also accused NERC of overstepping its authority in matters concerning intrastate electricity distribution. “My plea is that the NERC, Nigerian Electric Regulatory Commission, should stay clear of anything that has to do with distribution intrastate, so that the states can run with the new decentralisation arrangement.”
When asked if he believed NERC was acting beyond its powers, the commissioner replied. “Yes, if we say so, it is not out of place.”
Erizia Rubyjeana
