Enugu State and several others have pushed back against the Nigerian Electricity Regulatory Commission (NERC)’s claims that states lack the authority to fix electricity tariffs due to their non-involvement in generation and transmission.
Joe Aneke, Special Adviser to the Enugu State Governor on Power, stated during a Saturday webinar—hosted by Lagos State Commissioner for Energy and Mineral Resources, Biodun Ogunleye—that states do have the right to design tariffs strictly for distribution purposes.
Aneke emphasized that the new tariff introduced by the Enugu Electricity Regulatory Commission does not interfere with generation or transmission costs. “The calculations were solely based on distribution,” he clarified.
Backing the stance, the Forum of Commissioners for Power and Energy in Nigeria released a statement insisting that NERC does not wield overriding authority in matters of electricity distribution and tariff regulation. Citing the Fifth Constitutional Alteration and the 2023 Electricity Act, the forum maintained that states now have exclusive jurisdiction over electricity distribution—regardless of whether it’s connected to the national grid.
This development reflects a growing assertion by sub-national governments to exercise their new constitutional powers, potentially reshaping Nigeria’s electricity regulatory landscape.