THE WHISTLER got him to speak on the new Electricity Act. The new electricity law repeals the Electric Power Sector Reform Act – 2005 which was signed into law by President Olusegun Obasanjo in 2005.
Engineer Peter Ewesor is the pioneer Managing Director/CEO of Nigerian Electricity Management Services Agency, and the Chief Electrical Inspector of the Federation (2013-2021).
What Is Your View Of The Electricity Bill That President Tinubu Recently Signed Into Law?
Thank you very much. My view is that with this bill being signed into law, President Bola Ahmed Tinubu has clinically seen the lacuna between the Electric Power Sector Reform Act of 2005 and the Constitution. The lacuna is that the act still maintains the exclusivity of the electric power supply, of generation, transmission, and distribution as that of the federal government which is contrary to the stipulations and the position of the Nigerian Constitution.
The Constitution has liberalized it, such that every state, even individuals who have resources, can actually do electricity business in Nigeria. But the act still retains or ascribes the exclusivity of power generation, transmission, and distribution of power supply in Nigeria to the federal government.
So, what the new electricity act recently signed into Law has done is remove that lacuna. We are looking for power, sustainable power, and also looking for reliable power and affordable Power Supply. So, the best thing to do is to align the electricity act with the Constitution, which is what the new act has done. With this, we can then be operating in the best practice space, like other developed power economy climes in the world.
Do You Foresee Any Challenges That The Government Or Nigeria Will Face With The Signing Of This Bill? And Do You Think The President Is Aware Of This?
Well, I think it is very clear to me that if the president is not aware of the challenges, he will not have signed this bill into law, because this bill actually first and foremost removes the challenges that we are facing now when the constitution is saying one thing and then the act is saying another thing. Even though the bill has been in development for over two years and it was ready, it was not signed into law.
I think that what has happened now is that with both of them (the Act and Constitution) in alignment, the electricity act is going to actually complement the national constitution, and it is very clear that as we journey in the new electricity industry space, we will always have solutions to whatever issues and challenges that may come up. I’m very sure that Mr. President definitely is fully aware of this, having in the past ventured into the electric power business while he was a governor of Lagos state. And I don’t think at this stage there could be challenges that we cannot surmount with a proper implementation strategy put in place immediately.
There Are Some Stakeholders Who Have Argued That The Nigerian System Is Such That Players And Stakeholders Will Like To Take Advantage Of The New Order. Have You Seen Any Indication Or Do You Think This Act Can Take Care Of That?
I think Mr. President actually has that advantage from what we have seen happen in the past and what is currently happening. Yes, people may want to take advantage. But it is left for the system being headed by the President to say, no, this cannot happen nor be allowed in order to have power supply prosperity in Nigeria.
But what are the advantages? The players now who are probably benefiting from the old system, may want the status quo to remain. I am sure and very clear, that there are going to be what we call clear delineation and demarcations of the roles and responsibilities of all stakeholders in the new order, which I think that this administration should then make sure that there are proper strategic implementation plans put in place timely in the power industry space such that everybody knows its rules and responsibilities.
What are the boundaries? For example, let us talk about India with a similar structure with the new regulatory structure which the new Electricity Act has thrown up for Nigeria, where you have the Federal Regulator, the Regional Regulators, and the State Regulators along with the Technical Enforcement Agency as the co-regulator of the India power industry
In India, there is no conflict of any sort. All players are working complementarily with each other, such that the power system grows appropriately and adequately too. And if you look at the rate at which Indian power space, and/or power industry has grown, therefore, you can’t really see any person or group/ corporate bodies who can take advantage that can actually derail the intention and the desired objective and result of putting the new Electricity Act – 2023 in place.
In India, apart from the Federal, Region, and State regulators, there is the Chief Electrical Inspectorate Services, a replica of the Nigerian Electricity Management Services Agency that is responsible for the enforcement of technical standards and regulations, inspection, testing, and certification of all categories of electrical installations and also responsible for the safety of lives and property in the Nigeria power industry and countrywide.
Currently, We Don’t Have State Or Local Regulators. It’s Only The Federal Government That Regulates Electricity Supply In Nigeria. So, How Do You Think This Is Going To Play Out? Who Is Going To Perform The Role That You Have Just Suggested In Relation To The India Model?
You see as I said, the electricity act actually foresees all these roles and responsibilities which are now to be co–performed by the Federal and State regulators along with the technical enforcement agency – NEMSA. With the coming into force of this act, the states on their own too can now have their own Electricity Act, Regulations and develop their electricity market.
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Source: thewhistler.ng
