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US-Iran war: Petrol price surge sparks relief calls

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There is pressure on the Federal Government to introduce economic relief measures as the escalating conflict between the United States and Iran drives up global crude oil prices and pushes petrol costs to record levels across Nigeria.

Industry operators, economists, labour unions and private sector leaders have urged the government to deploy the expected windfall from higher oil prices to cushion the impact on citizens and businesses, warning that soaring fuel prices are already deepening economic hardship.

The stakeholders sought some palliative measures to cushion the effect of the rising petrol, diesel, and aviation fuel prices, especially as this may heighten the volatility of the country’s inflation figures. Some even called on the government to subsidise the pump prices of petrol.

The calls come amid reports that petrol prices have climbed to between N1,200 and N1,300 per litre in different parts of the country, while projections from industry players indicated that prices could exceed N1,500 per litre and potentially approach N2,000 per litre if the Middle East crisis persists.

As the war involving the United States, Israel, and Iran entered the third week with no reconciliation in sight, there are concerns that crude oil prices would continue to rise, and this would drag petrol prices above the affordability level.

The Dangote Petroleum Refinery has been blaming the war for its recent increase in gantry prices, which rose from less than N800 per litre before the war to N1,175 as of the time of filing this report. Recall that crude oil was around $68 per barrel during the crisis, but it stood at $103 as of Sunday evening.

Cut down taxes, charges

In an interview with The PUNCH, the Independent Petroleum Marketers Association of Nigeria asked the Federal Government to cut off some taxes and charges on petroleum products to reduce the pump prices of fuel.

IPMAN spokesman, Chinedu Ukadike, said this became necessary to stop the price of petrol from further skyrocketing. According to him, there are charges from the Nigerian Maritime Administration and Safety Agency, the Nigerian Ports Authority, the Nigerian Midstream and Downstream Petroleum Regulatory Authority, and others.

The Managing Director of the Dangote refinery said last week that the company paid over 40 charges and taxes to different government agencies.

“The government should cut down some of these taxes, especially the NIMASA taxes and the rest of them. It will help in bringing down the price of petroleum products. Some of these depot charges, NPA charges, NMDPRA charges, and others – some of these things are supposed to go away now that we are facing a very serious challenge for us to get better. But if they continue to stay, it means petroleum products will continue to go high,” he said.

Aside from this, Ukadike said it is imperative to fix the pipelines to reduce the cost of distribution. “The government should give marching orders to ensure that these pipelines are repaired. Once these pipelines are repaired, it will also ease transportation and haulage, making fuels a bit cheaper. It is cheaper to transport fuel through the pipelines.

Ukadike noted that even if the government cannot subsidise petrol, it can try petroleum equalisation to make sure petrol sells at the same rate in all parts of the country.

“With the petroleum equalisation fund, the government will pay transportation costs of petroleum products to enable everybody to buy petroleum products at lower prices in faraway places. Because now, petroleum products are even higher in the North than in the Southwest, where the refinery is located,” Ukadike noted, praying that the Middle East tension is de-escalated as soon as possible.

He urged the government to deploy more CNG vehicles and kits to reduce transportation costs.

Invest in CNG

Members of the Organised Private Sector urged the Federal Government to channel the additional revenue from rising crude oil prices into strategic investments such as Compressed Natural Gas transportation, support for domestic refineries, and settling outstanding debts to gas suppliers to boost electricity generation, rather than returning to any form of fuel subsidy.

In separate interviews with The PUNCH, the stakeholders stated that while the surge in global oil prices due to the Middle East conflict has increased Nigeria’s earnings from crude oil exports, the government should deploy targeted support to the economy and avoid using the extra revenue to cushion petrol prices through subsidy schemes.

The President of the Lagos Chamber of Commerce and Industry, Leye Kupoluyi, said Nigeria must use the opportunity to deepen investments in domestic refining and alternative fuel options.

He urged the government to channel part of the oil windfall into supporting local refining capacity, including modular refineries. “Can we do a naira exchange so that a portion of this crude goes to refineries that are refining locally? People are saying that Dangote is not the only refinery in Nigeria. We have modular refineries that we can encourage to scale up. The government should not go back to fuel subsidies,” he said.

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The LCCI president noted that selling crude to domestic refineries in naira could help strengthen the local petroleum value chain and stabilise the supply of refined products in the country. Kupoluyi also urged the government to intensify efforts to promote the use of compressed natural gas in the transportation sector.

“Why can’t we have duty-free incentives in converting many of our vehicles, even private vehicles, from petrol to CNG? If we can take most of our public transport out of this petroleum situation and move them to CNG, you will see that the effect on petrol demand will come down,” Kupoluyi stated.

He added that encouraging solar power adoption would reduce pressure on the national grid and allow the electricity supply to focus more on industrial production.

Similarly, the Director of the Centre for the Promotion of Private Enterprise, Dr Muda Yusuf, urged the government to deploy fiscal incentives to reduce the cost of production for operators in the petroleum value chain.

“The best the government can do is to take advantage of this additional revenue to deploy fiscal incentives to those who are producing the refined petroleum products. If there can be some compassion for players in the value chain to reduce their costs, they can, in turn, reduce their prices,” Yusuf said.

He added that the government could also use the additional oil revenue to expand mass transportation systems across the country. “Government should invest more in mass transit at all levels of government. More investment in public transportation will help reduce the pressure on people who rely on petrol for mobility,” Yusuf urged.

The economist also stressed that improving the electricity supply would significantly reduce the country’s dependence on petrol and diesel. “Government should also do more in providing electricity because if you have electricity, you rely less on diesel,” Yusuf said.

He noted that part of the additional oil earnings could be used to offset debts owed to gas suppliers, which have contributed to the persistent power supply challenges in the country. “If the government can address the debts to gas suppliers and improve electricity generation, people will rely less on buying petrol and diesel,” Yusuf stated.

NLC demands govt intervention

In a statement on Sunday, the Nigeria Labour Congress called for urgent government intervention, warning that workers are already struggling to cope with soaring fuel costs.

In the statement signed by its President, Joe Ajaero, the union said petrol prices have climbed to between N1,170 and N1,300 per litre, worsening hardship for Nigerian workers. “The Nigeria Labour Congress voices the collective anguish of millions of Nigerian workers bearing the brutal cost of a global crisis they did not create,” the statement said.

The labour union argued that the crisis has exposed weaknesses in Nigeria’s downstream petroleum sector and questioned claims that local refining would shield the country from global price volatility. It noted that the Dangote refinery had adjusted prices in line with global oil market movements, passing the higher cost on to consumers.

The NLC renewed calls for the government to restore operations at Nigeria’s public refineries in Port Harcourt, Warri, and Kaduna, arguing that stronger domestic refining capacity could help reduce exposure to international price shocks.

It also demanded measures to ease the economic burden on workers, including a wage award, cost-of-living allowance, expanded social transfers, and tax relief for low-income earners.

Citing projections by the Nigeria Economic Summit Group, the union said Nigeria could earn up to N30tn in additional revenue from rising oil prices linked to the Middle East crisis.

The labour body urged the government to channel any windfall into programmes that would ease the burden on citizens rather than allowing the funds to be lost through inefficiencies. “The expected oil windfall must be used to cushion the negative effects of the crisis on Nigerians,” the NLC said.

Meanwhile, the Managing Director of Afrinvest Securities Limited, Ayodeji Ebo, said Nigeria is benefiting from higher crude oil prices, but the same development is worsening fuel costs for consumers.

According to him, crude oil prices are currently trading between $95 and $105 per barrel, far above Nigeria’s budget benchmark of about $65 per barrel, which translates to stronger oil earnings and improved foreign exchange inflows for the government.

However, he warned that the surge is simultaneously increasing the landing cost of refined petroleum products. “Petrol prices could move from around N700–N900 per litre to above N1,500, with industry projections, including those by the Petroleum Products Retail Outlets Owners Association of Nigeria, suggesting prices could even approach N2,000 per litre if the Middle East crisis persists,” the economist told The PUNCH.

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He added that diesel prices have also surged by more than 50 per cent, approaching N1,700–N1,800 per litre, a development he said could significantly raise transportation, logistics, and production costs across the economy.

“These increases will likely push inflation up by another three to five per cent, meaning that while government revenue rises, household purchasing power declines,” he noted.

He added that the government can consider tax relief, transportation support, or limited subsidies delivered through a digital verification system so that intervention reaches the right beneficiaries and can be properly monitored,” he stated.

An analyst, Ilias Aliyu, said the current situation presents a paradox for Nigeria, where rising oil prices increase government revenue while simultaneously pushing up the cost of petrol for citizens.

“I definitely think we have an issue because the more the price of oil goes up, the more Nigeria gets more money, but the more citizens pay more money for the pump price,” he told one of our correspondents.

Aliyu argued that while the government may need to cushion the impact on citizens, any intervention should be carefully structured to avoid the abuse that plagued past subsidy regimes. According to him, a direct pump-price subsidy tied to the supply chain could help limit leakages.

“The best option is for the government to pay a subsidy at source, maybe from the pump price directly. If they give it to people, it may actually be syphoned. But if it is paid through each tank that has been loaded, for instance, from the Dangote refinery, it will reduce the chances of diversion,” he stated.

Aliyu noted that other oil-producing countries have used strategic reserves or regulatory buffers to stabilise domestic fuel prices during global crises, a capacity Nigeria may not currently possess.

“In some countries, their regulators have enough reserves that they can deploy to push the effect of rising prices for the next three months. But I don’t think we have such a buffer in Nigeria,” he doubted.

Given the uncertainty surrounding the geopolitical crisis and how long it may last, he said it would be reasonable for the government to consider temporary relief measures. “It is ideal that they support citizens at this point, especially since we do not know how long this situation will last,” Aliyu added.

Businesses squeezed

The Chief Executive Officer of the CPPE, Yusuf, further said that the surge in global energy prices is worsening an already difficult operating environment for firms that rely heavily on petrol and diesel generators amid an unreliable electricity supply.

In an advisory note titled ‘Mitigating the Impact of Energy Cost Escalation: What Businesses and Government Should Do’, released on Sunday, Yusuf warned that escalating fuel costs are squeezing business margins and threatening enterprise sustainability.

“The current surge in global energy prices, driven by escalating geopolitical tensions in the Middle East, has intensified cost pressures for businesses across many economies. In Nigeria, the impact is especially severe because enterprises depend heavily on petrol and diesel to power their operations amid persistent electricity supply challenges,” he stated.

According to him, the rising cost of fuel is also pushing up transportation and distribution expenses, further increasing the overall cost of doing business.

“The combined effect is a significant escalation in operating expenses, mounting pressure on profit margins, and heightened risks to business sustainability, particularly for small and medium enterprises,” Yusuf said.

He noted that many businesses are already grappling with high inflation, elevated interest rates, and weak consumer purchasing power, warning that rising energy costs could further weaken economic activity if not addressed.

“Businesses are already contending with multiple macroeconomic pressures, including high inflation, elevated interest rates, and weak consumer purchasing power. The latest escalation in energy costs, therefore, compounds an already challenging operating environment,” he said.

Yusuf cautioned that without deliberate adjustments by businesses and supportive policy interventions by the government, the energy price shock could erode corporate profitability and slow economic growth.

To cushion the impact, the CPPE advised businesses to improve energy efficiency by reviewing their energy consumption patterns and reducing waste. “Businesses should intensify efforts to improve energy efficiency within their operations as a key strategy for managing rising fuel costs,” Yusuf said.

The organisation called for expanded fiscal and regulatory incentives to encourage the adoption of renewable energy solutions by businesses. These incentives, Yusuf said, could include tax relief for solar installations, import duty waivers on renewable energy equipment, and fiscal support for investments in energy-efficient technologies.

He also stressed the need for affordable financing to help businesses transition to alternative energy sources. He urged the government to expand electricity generation capacity, strengthen transmission infrastructure, and improve the efficiency and financial viability of electricity distribution networks across the country.

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NESG opposes subsidy

However, the Nigerian Economic Summit Group cautioned against the reintroduction of petrol subsidies despite rising transport and food costs. The policy advisory body stated this in a report titled ‘Boom Not Gloom: Nigeria’s Optimal Policy Response to the US/Israel–Iran War’.

According to the NESG, the geopolitical crisis in the Middle East could create a temporary fiscal windfall for Nigeria through higher crude oil prices, but policymakers must resist pressure to increase spending or reverse major reforms, particularly the removal of fuel subsidies.

The group warned that the approaching election cycle and rising cost-of-living pressures may prompt demands from political actors and interest groups for quick relief measures that could undermine fiscal discipline.

The report stated, “The perceived fiscal windfall, combined with the approaching election cycle, may generate pressure from subnational governments, legislators, and organised groups for higher spending and short-term palliative measures.

“Managing these pressures without reversing recent reforms will be a key test of fiscal discipline and policy credibility. In particular, calls to reintroduce fuel subsidies as a response to rising transport and food costs should be resisted, as this would risk reinstating the fiscal distortions that recent reforms sought to eliminate.”

The NESG explained that Nigeria historically suffered from what it described as the “oil-exporter–refined-product-importer paradox”, where rising global oil prices simultaneously boosted export revenues while increasing the cost of imported refined petroleum products.

According to the report, higher fuel prices raise logistics and transportation costs, which eventually filter into broader consumer price inflation across the economy.

The NESG stated, “Following the removal of the subsidy and the shift towards market-based fuel pricing, global oil price increases now transmit more directly to domestic pump prices. Higher fuel prices raise transportation and logistics costs, feeding into broader consumer price inflation.”

Nevertheless, the group said Nigeria now has an important buffer against global fuel supply disruptions due to the emergence of domestic refining capacity, particularly the Dangote refinery.

It noted that local refining has significantly reduced Nigeria’s dependence on imported petrol and improved the resilience of the domestic fuel market during geopolitical crises.

“Even with these buffers, the inflation pass-through remains significant. Model simulations suggest that the oil price shock could add between 1.3 and 5.2 percentage points to headline inflation over the next two to three quarters, depending on the crisis scenario,” it said.

The group also warned that the global oil shock could temporarily slow Nigeria’s ongoing decline in inflation, even though the long-term disinflation trajectory may remain intact.

If prices climb to around $110 per barrel, inflation could increase by roughly 2.9 percentage points, while a severe crisis scenario with oil prices at $130 per barrel could push inflation up by about 5.2 percentage points.

The NESG added that without domestic refining capacity, the inflation impact would have been significantly worse. The report further explained that higher oil prices could strengthen Nigeria’s external position by boosting foreign exchange inflows from crude exports.

It is projected that the country could receive additional foreign exchange inflows of up to $7.3bn under a moderate crisis scenario, potentially supporting the naira and strengthening the Central Bank of Nigeria’s external reserves.

“The naira could initially appreciate before facing renewed depreciation pressures as capital flows reverse. Even in this scenario, net FX inflows could still reach about $18.6bn, enabling the CBN to increase reserves by up to $7.4bn, potentially lifting gross reserves above $57bn.

“Overall, the exchange-rate channel is supportive of naira appreciation and reserve accumulation under contained crisis scenarios, but becomes more uncertain under a prolonged global shock. The appropriate policy response is to allow the exchange rate to adjust to fundamentals, intervene only to smooth excessive volatility, and opportunistically build reserves during periods of strong oil inflows,” it stated.

However, the NESG cautioned that the benefits could be undermined if the conflict escalates into a prolonged global crisis that triggers capital flight from emerging markets.

The group stressed that the optimal policy response for Nigeria would be to save oil windfalls, strengthen external reserves, maintain subsidy reforms, and expand targeted social protection programmes for vulnerable households instead of blanket fuel subsidies.

It added, “Historically, oil windfalls have weakened fiscal discipline in Nigeria, particularly during politically sensitive periods. The NESG also recommended using part of the windfall to reduce Nigeria’s rising debt burden, noting that interest payments are projected to reach N15.52tn in 2026, consuming nearly half of federal revenues.

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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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