The Forum of Commissioners of Power and Energy in Nigeria (FOCPEN) has criticised the proposed amendment of the Electricity Act of 2023, citing its potential impact on state-established power markets.
The senate had commenced a legislative process to overhaul the Electricity Act, 2023, with the passage of the Electricity Act (Amendment) Bill, 2025, for second reading.
In a statement jointly signed by Prince Eka Williams, chairman of the forum and Omale Omale, secretary of the forum, the group said the senate was considering amending the landmark law enacted less than two years ago, but it had been adopted “by over 16 states”.
According to NAN, Williams, who is the commissioner of power and renewable energy, of Cross River state, and Omale, his counterpart in Benue, expressed concern over the ongoing deliberation in the senate on the proposed bill.
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“This unexpected legislative move comes barely two years after the landmark Electricity Act 2023 was signed into law. During this period, many states have begun to establish and operationalise their electricity markets under the new decentralised framework,” the statement reads.
“More than 16 states have passed their electricity laws since the enactment of the Electricity Act in 2023 and signed by President Bola Ahmed Tinubu.
“FOCPEN notes with dismay the absence of any prior consultations with state governments or their relevant commissioners and state electricity regulatory bodies during the drating and presentation of this crucial amendment bill on the floor of the Senate.”
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The FOCPEN said the oversight is concerning, considering the major advances in the decentralisation of Nigeria’s electricity sector.
The association said the Electricity Act of 2023 stands as a signature achievement of President Bola Tinubu’s administration.
The group said the enactment followed the groundbreaking fifth alteration to the 1999 Constitution of the Federal Republic of Nigeria, which resolved all ambiguities surrounding the authority of states to legislate and regulate electricity markets within their jurisdiction.
The group further criticised the “sudden move” by the senate, saying it would completely “destroy their early efforts in the power sector” and bring the country further backward.
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“It is therefore surprising that within two years of its passage, the Electricity Act 2023 is now subjected to a sweeping amendment of key provisions of the Act, without any consultation whatsoever with state governments or their regulatory institutions,” the FOCPEN said.
“This unilateral approach undermines the spirit of cooperative federalism and threatens to reverse the gains made in decentralising Nigeria’s electricity sector.”
The association maintained that amending the Electricity Act of 2023 at this stage is premature, since implementation just commenced.
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