Ondo NERC electricity control dispute as commissioner accuses regulator of retaining control despite 2023 Electricity Act decentralisation reforms

The Ondo State Commissioner for Energy and Mineral Resources, Johnson Alabi, has accused the Nigerian Electricity Regulatory Commission (NERC) of continuing to exert control over electricity regulation in states, despite the decentralisation provisions introduced under the Electricity Act 2023.

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Alabi made the allegation during a televised interview on Thursday, where he argued that the transfer of regulatory powers to sub-national governments has not been fully implemented by the federal electricity regulator.

He stated that while NERC has publicly maintained that it has ceded regulatory authority to states for electricity generation, transmission and distribution, the practical situation on the ground suggests continued federal dominance.

According to him, “the control still resides at NERC,” describing the arrangement as an inconsistency that contradicts the spirit of the new electricity law.

The commissioner noted that Ondo State has already established its own electricity regulatory framework in line with constitutional and legislative reforms, adding that about 15 to 16 states are expected to independently manage their electricity markets.

Alabi also linked the ongoing regulatory disagreement to electricity infrastructure projects in Ondo State, particularly those executed by the Niger Delta Power Holding Company (NDPHC).

He lamented that several intervention projects within the state had remained unused and vulnerable to vandalism, especially in communities that have been without stable electricity supply for years.

The commissioner disclosed that the state government had engaged the NDPHC with a proposal to transfer some of the infrastructure to the Ondo State Power Company in order to improve electricity distribution in affected areas.

He maintained that electricity distribution within a state should fall under the exclusive authority of state governments where such infrastructure is located entirely within their jurisdiction.

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The remarks highlight growing tensions between federal and state authorities over the implementation of Nigeria’s decentralised electricity framework, as reforms under the Electricity Act 2023 continue to reshape the sector.