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Nigeria’s rent crisis deepens as two-bedroom flats hit N2.5m

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Nigeria’s rental market is spiralling, with two-bedroom apartments averaging N2.5m annually, far above rates of just a few years ago. From N250,000 flats in Benin to N20m luxury units in Lagos, tenants nationwide face surging rents that are deepening an affordability crisis and squeezing millions of households.

The Nigerian housing market is facing one of its toughest periods in recent history, as the median rent for a two-bedroom apartment in many parts of the country has climbed to about N2.5m annually.

This figure represents a sharp rise compared to what was obtainable a few years ago and highlights the deepening affordability crisis confronting millions of Nigerians. From Lagos to Kano and Ibadan to Port Harcourt, tenants are feeling the squeeze of rapidly escalating rents.

While N2.5m serves as a national benchmark, the reality is that rents vary wildly across cities and neighbourhoods  ranging from as low as N250,000 in some inner parts of Benin City to as high as N20m in Lagos’s luxury districts, according to data gathered from industry players in these various locations.

Why two-bedroom flats

The focus on two-bedroom apartments is deliberate. Across Nigeria, this category of housing is often considered the “middle ground” for families, young professionals, and middle-income earners. A single-bedroom apartment is typically viewed as temporary or transitional housing, while three- and four-bedroom units are often priced far beyond the reach of average tenants.

For many Nigerians, a two-bedroom flat represents a balance between affordability and comfort. Yet, with prices surging, even this once-modest option is increasingly out of reach.

A resident of Jos, Plateau State, Gloria Oyogho, explained how rent is shaped by finishing and infrastructure. “In standard areas with good finishing, water supply, and stable electricity, rents range between N1.5m and N2.5m. But in less standard areas, prices are much lower, around N500,000 to N800,000,” she told The PUNCH.

She added that hidden costs further inflate expenditure: agency fees, legal charges, and sometimes compulsory renovation levies. “I once saw a flat for N500,000, but it lacked running water, and residents depended on a well,” she said, underlining how amenities directly impact value.

In Abuja, the country’s capital, rent disparities are glaring. Legal practitioner Adedapo Adewuyi described the property market as a spectrum, from relatively affordable outskirts to premium neighbourhoods catering to the wealthy and political elite.

In Karu, Maraba, and Kubwa, rents for two-bedroom flats range between N1.5m and N2.5m. In Wuse 2, Jahi, and Jabi, the cost climbs to around N3m. In Maitama and Asokoro, two-bedroom units cost up to N10m annually, reflecting prestige and exclusivity.

“These high-end districts are magnets for executives, diplomats, and top government officials,” Adewuyi explained. “Location remains the single most important factor in Abuja’s property market.”

The imbalance has led to rising tenant frustrations. One lawyer in a social forum questioned whether it was legal for a landlord to raise a tenant’s rent from N1.5m to N2.8m just months before renewal. Such abrupt hikes are increasingly common.

Ibadan, traditionally considered an affordable city, is fast losing that reputation. Data analyst Oladayo Isaac recounted how his rent journey reflected the city’s transformation.

“In 2022, two-bedroom flats cost between N300,000 and N500,000. I rented mine for N350,000. Today, average rents are N800,000 to N1.5m. Landlords are even introducing service charges, something unheard of in Ibadan until now,” he said.

He also narrated how inspections have turned into bidding wars. “We were about 50 people at one viewing. The landlord raised the price on the spot because of demand. Another apartment I considered rose from N1m to N1.1m in a week.” Isaac lamented that Ibadan landlords are “copying Lagos models”, with arbitrary rent hikes and extra service charges.

In Ogun State, proximity to Lagos is a key driver. Architect Seyi Amusan explained that in Opic, two-bedroom flats cost between N2m and N2.5m annually. “The demand comes from workers who cannot afford Lagos rents but still want to be close to the city,” he said. Yet prices are far from uniform. Rural districts in Ogun remain relatively affordable, though infrastructure gaps often make them less desirable.

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Enugu also mirrors the nationwide pattern of disparities. Agent John Kalu said two-bedroom flats in Emene and Abakpa go for N800,000–N4m, while prime areas like New Haven and Independence Layout cost N2.5m and above. “Tenants must also add legal and agent fees, which can increase total costs by 10 – 15 per cent,” Kalu noted.

Lagos stands out as the most expensive and unpredictable rental market in Nigeria. The spread is dramatic: Ikorodu, N1.5m N2m; Ketu and Alapere, N2.5m upwards; Gbagada and Shomolu, N2.5m – N3.4m; Ikeja, N4.5m – N6m; Magodo, N4m; and Ikoyi and Victoria Island, N8m – N20m.

One tenant along the Alapere/Ogudu Expressway said his rent jumped from N400,000 to N1.2m in a single review. Such steep hikes, often without justification, reflect the cutthroat competition for housing in Lagos.

In Uyo, estate agent Mint Ebuk reported average rents of N650,000 – N5m. In Benin-City, agent David Asobur noted extremes: N250,000 for poorly serviced inner neighbourhoods and up to N2.5m for well-serviced areas. In Calabar, resident Impress Nkechi said prime districts like Parliamentary Extension rarely go below N1.5m, while the outskirts still offer flats for N700,000.

Kano’s housing reflects its socio-economic diversity. Agent Amin Ya Rabbi explained that in Nasarawa GRA, the cost of rent is from N5m and above; Zoo Road, Otoro, N2m N2.5m; and Badawa, Sabangari, N800,000 N1.5m. “These differences reflect not just income levels but also cultural preferences and accessibility,” he said.

In Port Harcourt, two-bedroom flats cost between N600,000 and N4m depending on location. GRA stands at the top, with apartments rarely below N3.5m. The city’s average N2.5m mirrors the national median.

Institutions react

The Assistant National Publicity Secretary of the Nigerian Institution of Estate Surveyors and Valuers, Ayodele Olamoju, noted that rents in Nigeria have skyrocketed in a way that feels almost unbearable for many, especially those living in big cities.

He said, “What we’re facing is not just a random occurrence; it’s really the outcome of demand and supply struggling against each other, shaped by economic, social, and political forces. The housing market is under immense pressure, and without enough affordable options being delivered, the sharp rent increases keep hitting ordinary people hard. Take, for example, the average two-bedroom apartment that now goes for around N2.5m in major cities in the country. That figure alone tells the story of how far things have escalated. The surge is not because landlords simply want to exploit tenants; it’s because costs across the board have risen drastically. Inflation has eaten deep into every part of the housing value chain. From cement to steel, tiles, fittings, and even labour, prices have doubled or tripled within a short time, and naturally, developers and landlords are passing on these costs to tenants.

“Another major factor is our currency instability. The depreciation of the naira and the persistent foreign exchange shortages mean that anything imported for construction immediately becomes more expensive. Whether it’s finishing materials, fixtures, or even machinery, the exchange rate problem makes it harder to build at a reasonable cost. This has worsened construction inflation, and by extension, made rents climb faster than wages can catch up.

“All these issues combined show that the rent crisis is not a simple problem; it is structural. It exposes gaps in housing policy, weak supply systems, and the economic realities that every Nigerian is grappling with. Until there’s a deliberate effort to address both the economic pressures and the policy failures that feed into the demand-supply imbalance, rents will keep rising, and tenants will continue to struggle.”

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An estate surveyor, Olorunyomi Alatise, noted that rental prices in Nigeria, particularly in Lagos where the pressure is most acute, have spiralled uncontrollably in recent years, driven by both structural deficiencies and economic realities.

He said, “The chronic housing deficit in Kano, for instance, has created a persistent imbalance between supply and demand. On the other hand, inflation, currency volatility, and escalating construction costs have left landlords with little choice but to push rents upward, often indiscriminately. This dual force of scarcity and cost-push inflation has made shelter an increasingly elusive basic need for many.

“The troubling irony, however, is that these rent reviews rarely align with tenants’ earning capacity. Salaries are either stagnant or, where increased, fail to match the pace of inflation, leaving households vulnerable. The gap between rent obligations and income growth has widened so sharply that affordability has become a pressing crisis. For a significant portion of the population, rent now consumes a disproportionate share of monthly earnings, leaving little for other essentials and pushing many towards overcrowded, inadequate housing or outright displacement.

Addressing this pervasive challenge requires a deliberate, multi-pronged response.

Affordable “housing delivery must be prioritised through mass housing schemes supported by government and private developers. Policy innovations such as incentivising longer, stable leases, regulating the spread of short-term rentals, and publishing a transparent rent index for both rents and property sales would bring sanity and predictability to the market. Additionally, construction costs can be reduced by encouraging the use of local building materials and granting tariff relief on essential inputs. Without such systemic interventions, the housing affordability gap will continue to widen, deepening social and economic inequalities.”

Meanwhile, the president of the Association of Housing Corporations of Nigeria, Eno Obongha, noted that the reasons for the rent hike were not far-fetched.

He said, “When demand is higher than supply, prices must go up. The supply end is limited because building material prices are very high. Most of the imported materials are also affected by the dollar value. The processes for obtaining housing loans from development finance institutions are equally cumbersome.

“There must be a deliberate effort by federal, state and local governments in Nigeria to increase the housing stock for the benefit of medium- and low-income earners. The housing deficit affects the medium- and low-income earners, and these days, because of the economic hardship, many high-income earners are leaving big properties to compete for two- and three-bedroom units. Finally, there are no rent control laws to regulate rents charged by landlords.”

A builder, Awolusi Femi, noted that the steady rise in rental prices across the country is driven by a complex mix of economic and structural factors.

He said, “One of the most pressing issues is the increasing cost of land. As urban centres expand and demand for prime locations intensifies, the value of land continues to soar. Land scarcity in major cities has further heightened competition, making property acquisition an expensive venture. This, in turn, pushes landlords and developers to pass on these costs to tenants in the form of higher rent, making housing less affordable for the average citizen.

“Beyond land costs, the relentless surge in building material prices plays a significant role. Materials such as cement, steel, roofing sheets, and finishing products are experiencing constant price hikes, largely influenced by inflation, import dependence, and supply chain disruptions. These rising costs not only impact new construction projects but also existing buildings. Landlords are compelled to adjust rents upward to cover maintenance expenses, since even routine repairs now require expensive materials. Consequently, tenants are bearing the brunt of these inflationary pressures.

“Another key factor is the rising cost of labour, both skilled and unskilled. Masons, carpenters, plumbers, electricians, and general labourers have steadily increased their charges due to the high cost of living and limited availability of trained professionals. For property developers, this translates to higher project costs, while for landlords, it means greater expenses in maintaining or upgrading their properties. Inevitably, these additional costs are transferred to tenants through higher rental fees. Altogether, the combination of expensive land, soaring material prices, and costly labour has created a rental market that is becoming increasingly unsustainable for many households.”

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Historical context

Nigeria’s rent crisis didn’t happen overnight. Analysts trace the surge to several long-standing issues. Urban migration is one of them, as Nigeria’s cities have swelled dramatically since the 1990s. Lagos alone receives an estimated 600,000 new residents annually.

Inadequate housing supply is also another issue. Government housing schemes have consistently fallen short of targets. The national housing deficit is estimated at 28 million units. High construction costs are considered too, as the prices of cement, iron rods, and finishing materials have soared due to inflation and foreign exchange challenges.

Speculative real estate is an issue, as developers and landlords often price properties far above market reality, targeting elites and expatriates rather than average citizens.

Behind the numbers are real struggles. Families are increasingly forced to relocate to the outskirts, endure longer commutes, or downgrade to smaller apartments. Many middle-income earners now spend over 40 per cent of their salary on rent, far above the 25–30 per cent recommended globally.

Some households face eviction after failing to meet sudden rent hikes. Others are pushed into overcrowded flats, worsening urban slum conditions. For younger Nigerians, the dream of independent living is increasingly delayed, with many staying longer in family homes.

Experts speak

Acting Dean of the Faculty of Management and Social Sciences at West Midlands Open University, Lagos, Dr Timilehin Olubiyi, described the situation as alarming. “Rent now consumes a disproportionate share of income. Families are forced to choose between paying rent and meeting basic needs like healthcare and education,” he said.

Olubiyi proposed three urgent steps, including affordable housing policies. He said the government should partner with private developers to build low- and middle-income homes and called for rent control measures by limiting annual increases to prevent arbitrary hikes.

On stricter urban planning, he said there should be infrastructure expansion to new districts to ease pressure on city centres. He emphasised that Nigeria’s housing crisis is not insurmountable, stating that “with the right policies, investment, and community involvement, affordable housing can become a reality.”

Possible solutions

Experts noted that public-private partnerships that entail joint projects between the government and private developers can increase housing stock. Rent-to-own schemes that are already tested in parts of Lagos and Abuja could be expanded nationally.

Also, offering tax breaks to landlords who maintain affordable rents could encourage moderation. Cooperative housing models where communities pool resources to build shared housing can provide alternatives for low-income families. Digital transparency, where online rent portals are concerned, could standardise pricing and reduce exploitation by agents.

Conclusion

Nigeria’s rent crisis is worsening by the year. With two-bedroom flats averaging ₦2.5m, millions of households now struggle to secure decent shelter. The disparities, ₦250,000 in some Benin-City neighbourhoods versus ₦20m in Ikoyi, highlight a deeply fragmented housing market.

Unless urgent steps are taken, the affordability gap will widen, social tensions will increase, and urban poverty will deepen. The question now is whether government and private stakeholders can act quickly enough to prevent the dream of decent housing from slipping further away for millions of Nigerians.

For many tenants across the country, the next rent cycle could determine not just where they live, but whether they can continue to live with dignity at all.

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Abia begins relocation of transport operators to new terminal

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The Abia State Government has commenced the enforcement of its new centralised transport system in Umuahia, with the phased relocation of transport operators to the Nnenna Otti Bus Terminal, Umuahia.

The Commissioner for Information, Okey Kanu, made this known at Government House, Umuahia, on Tuesday while briefing newsmen on the outcome of this week’s State Executive Council (EXCO) meeting presided over by Governor Alex Otti.

The commissioner disclosed that, in order to ensure compliance by transport operators, the state government took time to hold a series of meetings with transport stakeholders, during which their concerns were addressed.

Kanu added that, following the steps taken by the government, full operations had commenced at the terminal, with informal transport operators and unions already moved to the facility, despite the normal resistance that accompanies change.

“There appears to be some push backs among some of the operators and this is as a result of the fact that people are not easily giving in to change.

“What is happening is that all the parks in the state have been moved to the bus terminal.

“The Honourable Commissioner for Transport and his team have been holding a series of meetings with all the operators. They had one yesterday. And a few of their anxieties will be addressed very soon. Enforcement also will commence today to bring all the operators into the terminal.

“The first phase of operations involves the operations of the Abia Green Shuttle buses. The second phase involves informal transport operators, while the third phase will involve the formal transport operators,” Kanu stated.

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Answering questions from newsmen, the Commissioner for Transport, Dr Chimezie Ukaegbu, said the state government had not taken away anybody’s means of livelihood but had instead introduced a more organised system to sanitise the transport sector and improve it.

He revealed that transport unions and operators were told to bring four of their workers each to the terminal, where they would be properly identified with reflective tags and carried along.

He further noted that the terminal operates a transparent system that allocates loading opportunities on a first-come, first-served basis irrespective of union affiliations, insisting that about 80 to 90 per cent of operators had embraced the initiative. He added that continuous engagements were being held with those yet to fully comply with the government’s transport policy.

He equally noted that the government provided a drivers’ lodge, fully air-conditioned and furnished with seats, while passengers sit in a conducive air-conditioned environment, adding, “what else will you need as a transporter or even as a passenger? I think everything good about transportation is embedded in that Nnenna Otti Bus Terminal,” Ukaegbu stated.

Contributing, the Special Adviser to the Governor on Media and Publicity, Mr Ferdinand Ekeoma, said that the centralisation of transport operations would reduce urban congestion, indiscriminate loading bays, expenses incurred by transport operators on their loading bays, and security challenges associated with the influx of unregulated transport operators, thereby enabling transport operators to make more gains.

He added that, over the years, “we have seen transport operators extort people, by coming up with this organised system, we are solving our problems,” Ekeoma stated.

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Court orders Virgin Atlantic to pay N13m for missed flight

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A Federal High Court in Lagos has ordered Virgin Atlantic Airways Limited to pay Mrs. Joy Ezetah the sum of $5,906.50 in damages after it failed to allow her board a scheduled Lagos-London flight, an incident that disrupted her onward trip to Canada and caused her financial loss.

Justice Ibrahim Kala in the judgement delivered on Monday, held that the airline was liable for the losses suffered by the claimant after she was denied boarding at the Murtala Muhammed International Airport on 6 April 2024.

The claimant had asked the court for N100m in general damages, arguing that she bought a business-class ticket through Air Canada for a four-leg trip from Lagos to Toronto and back, but was stopped from boarding the Virgin Atlantic flight “without justification.”

She told the court that she arrived early, completed check-in, and was issued a boarding pass for the Lagos-London leg.

According to her, airline officials later prevented her from boarding, stating they could not connect her ticket to her Air Canada connecting flight from London to Toronto.

Ezetah stated that the airline owed her a duty of care and should have resolved the issue with Air Canada or made other arrangements instead of denying her boarding.

She further maintained that when she later contacted Air Canada, the airline confirmed that her ticket was valid and that she was expected on the connecting flight.

Virgin Atlantic, however, denied liability. It said it was “not the issuing carrier” and insisted that the ticket had been purchased directly from Air Canada under a codeshare arrangement.

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The airline also argued that an error code in the reservation system prevented it from issuing a boarding pass for the connecting flight and that it acted professionally by advising the passenger to contact the ticket issuer.

It further contended that the claimant’s inability to complete online check-in before arriving at the airport showed that there was already a problem with the ticket.

After reviewing the evidence, submissions and legal authorities cited by both sides, Justice Kala held that the claimant’s case had merit.

The court awarded $5,906.50 in damages against Virgin Atlantic and ordered that the sum be paid using the prevailing exchange rate published by the Central Bank of Nigeria. Based on the highest official rate of N1,365.50 to a dollar, the award translates to about N8.07m.

Justice Kala also ordered the airline to pay 10 per cent interest per annum on the judgment sum until full liquidation of the debt.

Additionally, the court awarded N5m as costs against Virgin Atlantic, noting that the claimant had been forced to approach the court to enforce her rights.

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States kick as Senate moves to amend Electricity Act; read details

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A fresh battle over the control of Nigeria’s electricity sector is brewing, as state electricity regulators have accused the National Assembly of attempting to claw back powers already devolved to states under the Constitution and the Electricity Act 2023.

In a strongly worded memorandum submitted to the Senate Committee on Power and obtained by our correspondent on Tuesday, electricity regulatory commissions and bureaus from 16 states warned that the proposed Electricity Act (Amendment) Bill 2026 could reverse one of the most significant reforms in Nigeria’s power sector.

The regulators argued that the amendment bill, rather than strengthening the electricity market, seeks to restore extensive federal oversight over matters they insist have constitutionally become the responsibility of states.

The concerns were contained in a letter dated May 26, 2026, addressed to the Chairman of the Senate Committee on Power and signed on behalf of the State Electricity Regulatory Commissions and Bureaus.

Signatories to the document included the chairmen and chief executives of electricity regulators in Abia, Anambra, Bayelsa, Edo, Ekiti, Enugu, Gombe, Imo, Kogi, Lagos, Nasarawa, Niger, Ogun, Ondo, Oyo and Plateau states.

The regulators said they had taken advantage of the Electricity Act 2023 to begin building sub-national electricity markets and had already engaged investors based on the framework created by the law.

They noted that they had earlier met with the Senate committee and were subsequently requested to consolidate their concerns into a single memorandum for the consideration of lawmakers, the Nigerian Electricity Regulatory Commission and other stakeholders.

The letter stated, “We represent State Regulatory Commissions/Bureaus that have taken advantage of the Electricity Act 2023 to commence the development of our sub-national electricity markets and sectors.

We are grateful for the audience you granted us to raise concerns on the ongoing consideration of the proposed Amendment Bill 2026 to the Electricity Act 2023.

“As agreed during our discussion, we have collated and consolidated the comments into one document which is hereby attached for the consideration of the Senate and House Committees on Power, NERC and other stakeholders.”

The state electricity regulators said they had identified 17 contentious provisions in the proposed amendments to the Electricity Act that they believed could undermine the constitutional powers already granted to states in the electricity sector.

According to the regulators, the areas of disagreement include the authorisation of State Houses of Assembly to legislate on electricity matters, the supremacy of state laws within state electricity markets, and provisions seeking to retain federal control over all activities connected to the national grid.

Other disputed clauses relate to restrictions on states’ participation in the wholesale electricity market, matters concerning the Nigerian Wholesale Electricity Market, the authority of states over independent transmission and distribution networks, and the establishment and administration of the Power Consumers Assistance Fund.

The regulators also raised concerns over the proposed expansion of the powers of the Nigerian Electricity Management Services Agency, the structure and decisions of the Forum of Electricity Regulators, and the provision granting the Nigerian Electricity Regulatory Commission final administrative appellate jurisdiction on certain issues arising within the forum.

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They further opposed provisions designating electricity generation, transmission, distribution and supply as essential services, as well as clauses dealing with government-owned enterprises as licensees and obligations to host communities.

Additional areas of contention include the regulation of intra-state electricity matters that may have implications for the national grid, the imposition of timelines and phased conditions for states transitioning into independent electricity markets, and proposed federal oversight on consumer protection, anti-trust measures and tariff design within state electricity jurisdictions.

The regulators argued that the disputed provisions require further consultation to ensure that the decentralisation objectives of the Electricity Act are not weakened by subsequent amendments.

“A review of the Bill suggests that the general intention is to reverse the devolution of legislative, governance and regulatory powers over electricity matters that occur solely within the respective states to the state governments, in favour of a reconsolidation of powers at the federal level, with the Nigerian Electricity Regulatory Commission retaining full supervisory powers over the market. Effectively, it appears that the intention of the Bill is that Nigeria should continue with the same regime that, for 20 years, has not led to any significant increase in power availability or per capita consumption for Nigerians, despite ever-increasing (and unsustainable) federal debt.”

At the centre of the dispute is the interpretation of the constitutional amendments that allowed states to legislate on electricity matters within their territories. The regulators argued that the proposed amendment bill wrongly assumes that state legislatures derive their powers from the National Assembly rather than directly from the Constitution.

According to them, any attempt by the National Assembly to grant, restrict or redefine those powers through ordinary legislation would amount to a constitutional violation.

The memorandum stated, “Section 2 of the Bill aims to amend Section 2(2)(a)-(e) of the Principal Act. By that section, the National Assembly reserves to itself the power to delegate legislative powers to States’ Houses of Assembly, suggesting that the Bill (or the Principal Act) is the source of the powers of a state to make laws on its electricity markets.

“This provision is based on a shocking miscomprehension of Nigerian constitutional law—it proceeds from the wrong assumption that the NASS, by ordinary legislation and not constitutional amendment, can confer (or restrict) the legislative power of states.

“The constitutional division of powers is fundamental to federalism, ensuring a balance between national unity and state autonomy. There is no legal framework for the NASS to ‘empower’ state governments to make law by ordinary legislation, as the language of the Bill attempts to do.

“The constitutional division of powers is fundamental to federalism, ensuring a balance between national unity and state autonomy. There is no legal framework for the NASS to ‘empower’ state governments to make law by ordinary legislation, as the language of the Bill attempts to do. Consequently, Section 2 of the Bill, seeking to amend Section 2 of the Act, is not consistent with the Constitution.”

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The regulators described as “a shocking miscomprehension of Nigerian constitutional law” the provisions of the bill that appear to suggest that the National Assembly is the source of states’ authority over electricity matters.

They warned that the proposed law could undermine the principle of federalism by weakening state autonomy. Beyond constitutional concerns, the regulators said the bill could create uncertainty in the electricity market and discourage investors who had already committed resources based on the existing legal framework.

“The clear intention behind the new drafting is to reconsolidate in the Federal Government matters solely within the state electricity markets which had been devolved to the states,” the memorandum stated.

“This will defeat the key objectives of the Electricity Act and the various states’ electricity laws, even before the regime introduced by them has taken any root. It will introduce avoidable disruption in the industry as significant investment decisions have already been taken based on the Electricity Act 2023, and these investments are now put at risk by this proposed amendment.”

The state regulators specifically faulted provisions relating to federal oversight of activities connected to the national grid, restrictions on state authority over wholesale electricity transactions, the proposed expansion of NERC’s powers and changes affecting mini-grids and independent distribution systems.

They argued that allowing NERC to retain overriding authority over electricity activities merely because they have some connection to the national grid would effectively render state powers meaningless.

The memorandum stated, “What is required, in order to attain the full benefits of the decentralisation of the Nigerian Electricity Supply Industry that is the theme of the Fifth Alteration and provided for in the Principal Act, is proper coordination on transmission matters between NERC and state regulators, and not top-down federal legislation.”

The regulators also rejected provisions that would permit NERC to exercise final administrative appellate jurisdiction over disputes involving state electricity regulators. According to them, NERC and the SERCs are on equal standing within their respective constitutional spheres of authority.

“NERC and the SERCs are on equal standing within their respective constitutional spheres of authority,” the memorandum said. “The National Assembly cannot arrogate to NERC quasi-judicial authority over SERCs, especially where the dispute might be on a matter over which NERC has no authority.”

They further argued that the Constitution already vests judicial powers in the courts and that such responsibilities cannot be transferred to a regulatory agency. The proposed establishment of a Forum of Electricity Regulators also drew criticism.

Although the regulators acknowledged the importance of coordination among electricity regulators, they argued that participation in such arrangements should be voluntary rather than imposed through federal legislation.

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“The better approach would be a Memorandum of Understanding or similar instrument jointly negotiated by all relevant regulatory bodies in which the principles of coordination and harmonisation will be agreed,” they said.

The state regulators equally opposed provisions declaring generation, transmission, distribution and supply of electricity as essential services covering both federal and state electricity markets.

According to them, such provisions could inadvertently expand NERC’s jurisdiction into areas already devolved to states, including tariff regulation. “The provision is invidious, regressive and should be expunged,” the memorandum stated.

The regulators also faulted proposals empowering NERC to determine contributions to the Power Consumers Assistance Fund from electricity consumers. They argued that since electricity tariffs and retail supply have become matters for state regulation, decisions relating to subsidies and customer contributions should similarly reside with state authorities.

Other contentious areas identified by the regulators included host community obligations, the role of the Nigerian Electricity Management Services Agency, licensing arrangements involving government-owned electricity enterprises and timelines for states transitioning into independent electricity markets.

The dispute highlights the growing tension between the Federal Government and states over the future structure of Nigeria’s electricity industry. The Electricity Act 2023 was enacted following the Fifth Alteration to the 1999 Constitution, which removed electricity from the Exclusive Legislative List and empowered states to generate, transmit and distribute electricity within their territories.

Since then, several states have enacted electricity laws and established regulatory agencies to oversee emerging sub-national electricity markets. Lagos, Enugu, Ekiti, Ondo, Edo and other states have already commenced varying stages of implementation of their electricity reform programmes.

Energy experts have repeatedly described the decentralisation of the sector as a major opportunity to attract investment, improve efficiency and expand access to electricity. However, the latest amendment proposals appear to have reopened the debate over how regulatory powers should be shared between Abuja and the states.

As the National Assembly continues deliberations on the amendment bill, the position adopted by lawmakers could shape the future direction of Nigeria’s electricity reforms and determine whether the country deepens its experiment with decentralisation or returns to a more centralised regulatory model.

The Electricity Act 2023 was designed to operationalise the constitutional amendments that empowered states to participate directly in electricity generation, transmission and distribution within their boundaries. Since its enactment, several states have passed their own electricity laws and established regulatory commissions.

The proposed Electricity Act (Amendment) Bill 2026 seeks to amend several provisions of the principal legislation. However, state regulators contend that some of the proposed changes amount to an attempt to reverse the gains of decentralisation and restore broad federal control over the Nigerian Electricity Supply Industry.

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