The Forum of Commissioners of Power and Energy has expressed strong reservations over a move by the Nigerian Senate to amend the Electricity Act 2023, describing the development as concerning and potentially disruptive to the decentralised framework of electricity governance.
In a letter dated July 16, 2025, and addressed to the Chairman of the Senate Committee on Power, Senator Enyinnaya Abaribe, the Forum formally requested a copy of the proposed Electricity Amendment Bill 2025 to enable them review the provisions and make informed input.
The letter, which was jointly signed by the Chairman of the Forum and Commissioner for Power and Renewable Energy in Cross River State, Prince Eka Williams, and the Forum’s Secretary and Commissioner for Power, Renewable Energy and Transport in Benue State, Omale Omale, noted that the 2023 Act is a landmark legislation that only recently emerged after broad-based consultation and legislative rigor.
The Commissioners said it was surprising and concerning that such a critical amendment process was being initiated without adequate involvement of state-level actors who are primary stakeholders in electricity regulation under the new decentralised framework.
“The Electricity Act 2023, as it stands, is a landmark piece of legislation that finally aligns with both the spirit and letter of our Constitution by decentralising control and fostering greater state participation in the electricity sector,” the Forum stated.
They emphasised that electricity is a concurrent matter under the Nigerian Constitution, and any amendment to the 2023 Act must reflect the realities and legal frameworks of subnational governments.
According to the Forum, more than 13 states have already enacted their own electricity laws and established regulatory bodies in accordance with the provisions of the current Act. Therefore, any abrupt changes to the legislation could create inconsistencies and undermine the progress states have made in their electricity reforms.
“The Senate’s action in advancing an amendment without robust stakeholder consultation could inadvertently hinder state governments’ ability to regulate and administer their electricity markets as provided for in the current Act,” the letter stated.
The Forum appealed to the Senate Committee to immediately share the draft amendment bill with them for review and pledged their willingness to collaborate on any reform effort that strengthens the sector.
“We respectfully request that the Senate Committee on Power avail the Forum of Commissioners of Power and Energy with a copy of the proposed bill for our perusal and input,” the statement added.
They also offered to engage the Senate Committee in dialogue and consultations to ensure that any legislative changes align with the laws of the states and uphold the constitutional framework of electricity as a concurrent responsibility.
The Forum concluded by urging a collaborative approach that ensures the sustainability of electricity reforms and protects the integrity of decentralised governance in the power sector.
