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Petrol soars above N1,000/ltr as Tinubu okays 15% import tariff

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Petroleum marketers have warned that the pump price of Premium Motor Spirit, popularly called petrol, could exceed N1,000 per litre following President Bola Tinubu’s approval of a 15 per cent ad valorem import tariff on fuel imports.

The new policy, which takes effect after a 30-day transition period expected to end on 21 November 2025, is part of the government’s strategy to protect local refiners and reduce the influx of cheaper imported products that threaten domestic refining investments.

However, marketers say the move could backfire and push retail prices beyond the reach of average Nigerians.

Commenting in a telephone interview on Thursday, multiple depot operators with knowledge of the matter, who spoke on condition of anonymity, said the decision could further raise the price of petrol, which already sells for around N920 per litre, in many parts of the country.

“As it is, the price of fuel may go above N1,000 per litre. I don’t know why the government will be adding more to people’s suffering,” one of the depot operators said.

Another depot operator added, “Unfortunately, some of the importers are working in alignment with Dangote, which is why the last price increase was general; all players raised their prices at once. Let’s just wait and see what happens next.”

Another operator added that without a clear framework to stabilise market forces and ensure fair competition, the new import duty could trigger another round of price hikes and worsen the hardship faced by consumers.

The National Vice-President of the Independent Petroleum Marketers Association of Nigeria, Hammed Fashola, also agreed that the tariff had its implications, saying it might lead to a price surge.

Fashola said the policy had both positive and negative effects, adding that it could discourage importation while promoting local refining.

The IPMAN leader opined that some marketers moght perceive it as an opportunity to monopolise the sector in favour of Dangote and a few other refineries.

“The 15 per cent tariff on imported fuel has its own implications. Maybe the price will go up, and equally, it will discourage importers from bringing in fuel if it becomes too costly.

“But it has both negative and positive effects on the sector. I see that the government is trying to protect local refiners, but it will have its own implications because people will see it as a way of monopolising the industry for certain people. At the same time, the government aims to protect the local refiners.”

However, Fashola stressed that the failure of the local refiners to supply enough fuel into the domestic market could trigger a fuel crisis.

“If the local refiners fail, it will have its own implications. It may lead to scarcity, and people will not have an alternative. So, it has both positive and negative effects. That’s the way I see it,” he added.

On whether the development is in line with the Petroleum Industry Act, Fashola said, “I don’t think the government will do anything outside the law. They would not like to do anything against the PIA. Ordinarily, everybody would like to see that our local refineries are surviving and they are doing well, which is good for our economy. I don’t think it has anything to do with the PIA.”

In his advice to local refiners, especially the Nigerian National Petroleum Company Limited, Fashola urged them to live up to expectations. He sought the revamp of the Port Harcourt, Warri and Kaduna refineries.

“My advice or my prayer is to the new management of NNPC: the way they are going, I think they are going in the right direction, and they have to do it fast by bringing in investors to revive our refineries. If all NNPC refineries can come on board, it will solve a lot of problems. I hear people trying to say that maybe they’re going to practise monopoly, but that will not be there. This applies to other private refineries like BUA; when they are able to come up, I think that the fear of monopoly will not be there anymore. There will be competition among the refineries, and that will be good for us,” Fashola stated.

Meanwhile, the National President of the Petroleum Products Retail Outlet Owners Association of Nigeria, Billy Gillis-Harry, described the 15 per cent tariff as a win-win situation, stressing that the policy would be tested, though it is not a totally new policy.

“Our expectation is that at some point, it might be reviewed. We are looking for product availability and affordability. We must always keep an eagle eye on these two things. That’s what PETROAN will advise at this time. I want Nigerians to know that if we are looking for cheap fuel and we are driving everybody out of the business, the product will not be available, and then prices will skyrocket.

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“As it is today, everybody is working with Dangote, and we know that Dangote cannot satisfy the country. So, there has to be a mix of product availability,” he added.

The PUNCH had earlier reported that President Tinubu approved the introduction of a 15 per cent ad valorem import duty on petrol and diesel imports into Nigeria.

The initiative is aimed at protecting local refineries and stabilising the downstream market. In a letter dated 21 October 2025, reported publicly on 30 October 2025, and addressed to the Attorney-General of the Federation and Minister of Justice, the Federal Inland Revenue Service and the Nigerian Midstream and Downstream Petroleum Regulatory Authority, Tinubu directed the immediate implementation of the tariff as part of what the government described as a “market-responsive import tariff framework.”

The letter, signed by his Private Secretary, Damilotun Aderemi, and obtained by our correspondent on Thursday, conveyed the President’s approval following a proposal by the Executive Chairman of the FIRS, Zacch Adedeji.

The proposal sought the application of a 15 per cent duty on the cost, insurance and freight value of imported petrol and diesel to align import costs with domestic market realities. The tariff is separate from the additional 5 per cent surcharge to be charged on locally produced and imported fuel in the new tax act, starting January 2026.

Adedeji, in his memo to the President, explained that the measure was part of ongoing reforms to boost local refining, ensure price stability, and strengthen the naira-based oil economy in line with the administration’s Renewed Hope Agenda for energy security and fiscal sustainability.

According to projections contained in the letter, the 15 per cent import duty could increase the landing cost of petrol by an estimated N99.72 per litre, based on an average daily consumption of 19.26 million litres as of September 2025. This translates to an additional N1.92bn in daily import costs and revenue to government coffers.

The letter read, “At current CIF levels, this represents an increment of approximately N99.72 per litre, which nudges imported landed costs towards local cost recovery without choking supply or inflating consumer prices beyond sustainable thresholds. Even with this adjustment, estimated Lagos pump prices would remain in the range of N964.72 per litre ($0.62), still significantly below regional averages such as Senegal ($1.76 per litre), Côte d’Ivoire ($1.52 per litre), and Ghana ($1.37 per litre).”

It added that payments are to be made into a designated Federal Government revenue account managed by the Nigeria Revenue Service, with verification and clearance oversight by the Nigerian Midstream and Downstream Petroleum Regulatory Authority.

“The core objective of this initiative is to operationalise crude transactions in local currency, strengthen local refining capacity, and ensure a stable, affordable supply of petroleum products across Nigeria,” Adedeji stated.

The FIRS boss also warned that the current misalignment between locally refined products and import parity pricing has created instability in the market.

“While domestic refining of petrol has begun to increase and diesel sufficiency has been achieved, price instability persists, partly due to the misalignment between local refiners and marketers,” he wrote.

He noted that import parity pricing, the benchmark for determining pump prices, often falls below cost recovery levels for local producers, particularly during foreign exchange and freight fluctuations, putting pressure on emerging domestic refineries.

Adedeji added that the government’s responsibility was now “twofold: to protect consumers and domestic producers from unfair pricing practices and collusion, while ensuring a level playing field for refiners to recover costs and attract investments.”

He argued that the new tariff framework would discourage duty-free fuel imports from undercutting domestic producers and foster a fair and competitive downstream environment.

The policy comes as Nigeria intensifies efforts to reduce dependence on imported petroleum products and ramp up domestic refining.

The 650,000 barrels-per-day Dangote Refinery in Lagos has commenced diesel and aviation fuel production, while modular refineries in Edo, Rivers and Imo states have started small-scale petrol refining.

However, despite these gains, petrol imports still account for up to 69 per cent of national demand during the 15 months between August 2024 and 10 October 2025.

The FIRS boss noted that the policy is not revenue-driven but corrective, introduced to align import costs with local production realities and prevent duty-free imports from undercutting domestic refineries that are just beginning to recover.

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“While domestic refining of PMS has begun to increase and diesel self-sufficiency has been achieved, price instability persists,” the memo stated. “Import parity remains the benchmark for pricing but often sits below the cost-recovery point of local producers, particularly during currency and freight fluctuations.”

It warned that if left unchecked, these pricing distortions could undermine the viability of local refining at a critical time when investors are beginning to return to the sector following years of dormancy.

The new framework, the document added, is expected to encourage fresh investment in refining, storage, and logistics infrastructure while ensuring that local producers and marketers operate on a level playing field.

The tariff is backed by Sections 21 and 22 of the Petroleum Industry Act, which empower the NMDPRA to impose public service obligations on licensees to promote national energy security and economic development. Under Section 3(4) of the PIA, the President is also empowered to issue policy directives to the regulator to enforce such measures.

Under the presidential directive, the NMDPRA is to issue the necessary regulations and gazette publication while prioritising locally refined products in the issuance of import licences.

The regulator will also coordinate with the Implementation Committee on Crude and Refined Products Sales in Naira to oversee progress and determine when tariff adjustments or sunset clauses become necessary.

Tinubu also mandated the NMDPRA to review the tariff periodically, with a view to scaling it down or eliminating it as domestic refining capacity expands.

“In view of the foregoing, Your Excellency is respectfully invited to consider and, if deemed appropriate: approve the introduction of a 15 per cent tariff import duty on Premium Motor Spirit and diesel, to be assessed on the cost, insurance, and freight value at discharge, with all payments made into a designated Federal Government of Nigeria revenue account and verified by the Nigerian Midstream and Downstream Petroleum Regulatory Authority before discharge clearance.

“Direct the NMDPRA and the Nigeria Customs Service to implement a 15 per cent import duty on PMS and diesel, with effect after a 30-day transition period from the date of official notification. Direct the regulator to issue appropriate regulations in this regard and take local production into account first before the issuance of import licences.

“Direct a periodic review of the tariff rate and its continued necessity, including provision for scaling or sunset measures, as domestic Premium Motor Spirit refining capacity expands, under the oversight of the Implementation Committee on Crude and Refined Products Sales in Naira. Respectfully submitted for Your Excellency’s consideration and further directives.”

All of these prayers were approved by President Tinubu for immediate implementation on 21 October 2025.

Meanwhile, the NMDPRA spokesperson, George Ene-Ita, has assured of the full implementation of President Bola Tinubu’s newly approved 15 per cent fuel import tariff once it receives the formal directive from the government.

“We are the sector regulator, and once the policy comes into force, we will definitely play our regulatory role and midwife the process on behalf of the government,” the official told The PUNCH on Thursday. “As of now, I’m not aware of any official communication, but if it is true that the policy has been signed by the President, it will eventually get to us, and there will be no issue implementing it.”

The spokesperson further explained that the downstream market remains fully deregulated, meaning that market forces and competition among operators would determine pump prices once the tariff takes effect.

“Since it is a presidential directive, the template is already there to follow through,” the spokesperson added. “Prices may rise, stay the same, or even drop depending on competition and market realities. Personally, I don’t envisage any sharp increase because the government would have factored in stabilisation mechanisms to ensure that prices at the last mile don’t spiral out of control.”

However, energy analysts expressed caution, warning that while the policy could encourage patronage of local refineries and boost government revenue, it might also pose risks to energy security and retail prices.

An oil and gas expert, Olatide Jeremiah, told one of our correspondents that the new tariff would “inevitably add a mark-up of about N100 per litre to the landing cost of petrol and diesel,” potentially creating unfair price competition among suppliers.

“This move will drive demand towards local refineries and increase government income,” the expert noted. “But it could also trigger price hikes and short-term energy insecurity, as even top energy-producing nations still import about 10 to 15 per cent of their fuel needs. Completely cutting off imports through high tariffs could expose the country to supply risks. The introduction of a 15 per cent tariff will add a mark-up of about N100 per litre to the landing cost of petrol and diesel, and it will give unfair price competition to the supply players.”

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Meanwhile, a prominent chieftain of the All Progressives Congress in Delta State, Chief Ayiri Emami, has faulted the President’s approval of a 15 per cent ad valorem import duty on petrol and diesel, warning that the move will worsen the suffering of ordinary Nigerians.

Emami, who is also the Chairman and Chief Executive Officer of A & E Group, an oil, construction and haulage company, raised the concerns at a press conference held in Abuja.

Speaking with journalists in Abuja, he lamented that the policy would “hurt the masses, not marketers.” The APC stalwart also urged the President to suspend it until the government provides more relief to Nigerians.

“Anybody advising Mr President to impose a 15 per cent tax on petroleum right now is not doing him any good. This kind of policy will not hurt marketers; it will hurt ordinary Nigerians. Whatever tax you put on petroleum goes straight back to the people on the streets. Nigerians are already hungry and struggling,” he said.

Emami also warned that the cost of fuel has already crippled daily livelihoods, particularly among rural and riverine communities dependent on fishing and transport.

“When you buy fuel, it determines whether you can even go out to fish. It’s not that the fish are gone; it’s that we can’t afford to reach them anymore,” he said.

“For me, that 15 per cent should be kept aside until the government provides more relief to Nigerians. Even after removing the fuel subsidy, we haven’t seen much positive reflection. Things are still hard. So why add another burden?”

The oil mogul also expressed fear that certain persons may have been misleading the President.

“Some people don’t care about Mr President or what he’s going through; they just want to create more problems. Those are my honest opinions on the matter,” he added.

Some Nigerians have also linked the development to recent comments by Africa’s richest man, Aliko Dangote, who on Sunday hinted that the Federal Government’s new policy direction in the downstream oil sector would help strengthen the naira against the dollar. On social media, user @az4top suggested that Dangote may have been referring to the newly approved 15 per cent fuel import tariff, which analysts say could reduce foreign exchange pressure by encouraging local refining and import substitution.

On X (formerly Twitter), user @Rufyb criticised the move, calling it “stupid” and questioning why the government would eliminate consumers’ options in a supposedly deregulated market. “You got FX allocations at special rates to build your refinery and operate in a free trade zone, fine. Then produce and let others do their business. The market should decide what consumers want. Import tariff, because why?” he wrote.

Another user, @OpeBee, faulted the policy as short-sighted, noting that the new tariff would come on top of a 5 per cent fuel surcharge scheduled for January 2026. “You raise the tariff on PMS by 15 per cent. There is also a 5 per cent surcharge next year, and people are defending this, saying it’s to discourage importation. The cascade of events to follow will be worse than importation,” he warned.

Similarly, @Mista_Jameel accused local refiners of hypocrisy, alleging that they “bypass Nigerian crude for cheaper U.S. crude” while limiting options for domestic importers. “NMDPRA’s own data shows where local supply stands, but it seems we’re in an era of alternative facts,” he added.

Others, however, welcomed the decision. Tech entrepreneur @markessien described the tariff as a “good step” that would protect Nigeria’s emerging refining sector. “Nigeria has a working refinery and another being built. Imported fuel should have a tariff,” he wrote. Another user, @haneefdin, echoed similar sentiments, thanking President Tinubu for “supporting domestic production.”

Yet critics like @Lawatem argued that the policy “gives Dangote Refinery control of the whole market, artificially boosts profits, and forces Nigerians to pay for inefficiency.” He added, “What’s the point of subsidy removal and supposed deregulation if we end up here?”

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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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