The Forum of Commissioners of Power and Energy has raised strong objections to the proposed 2025 amendment of the Electricity Act, warning that it could derail recent reforms in the nation’s power sector and trigger constitutional conflicts between the Federal Government and state authorities.
In a statement jointly signed by the forum’s chairperson, Eka Williams (Commissioner for Power and Renewable Energy, Cross River State), and secretary, Omale Omale (Commissioner for Power, Benue State), the commissioners expressed concern that the bill, if passed into law, would undermine state control over electricity distribution, contradict the principle of cooperative federalism, and increase financial burdens on already struggling consumers.
“The amendment bill, if passed, will create a constitutional conflict between the Federal Government and states, as well as legal and regulatory conflicts between federal and state regulators,” the statement read. “It threatens to dismantle the progress and positive reforms initiated by the Electricity Act 2023.”
The forum warned that the proposed amendment could roll back gains made under the 2023 Electricity Act, which granted states greater authority to regulate electricity distribution within their borders—an achievement viewed as a turning point in Nigeria’s drive toward decentralised and sustainable energy governance.
According to the commissioners, the bill introduces mandatory contributions from consumers and market participants to fund the Power Consumer Assistance Fund (PCAF), a move they say would worsen the financial strain on electricity users, particularly those under Band A, who already pay higher tariffs for improved service.
“The imposition of additional financial burden on electricity customers already struggling with high electricity tariffs is unacceptable,” the forum said, adding that the bill also risks exacerbating the financial responsibilities of both the Federal Government and states.
They also noted that states are currently working toward cost-reflective tariffs tied to improved service quality, and warned that the amendment could derail this progress.
The commissioners further cautioned that the bill could trigger legal disputes, given that it encroaches on areas now constitutionally reserved for state governments. The forum emphasised the likelihood of regulatory overlap and judicial challenges if the amendment proceeds without broad-based stakeholder consultation.
“This untimely amendment risks undermining President Bola Ahmed Tinubu’s key policy achievements in the energy sector,” the statement added.
The forum called for a halt to the legislative process on the proposed amendment and urged the National Assembly to engage in broader consultations with state governments, regulators, and other sector stakeholders to ensure alignment with the spirit and objectives of the 2023 Act.
