Opinion

Beyond Legal Reform On Power Sector (1)

Published

3 years ago

April 14, 2023

Following the recent constitutional amendment assented to by President Muhammadu Buhari, the power sector regulatory body- the Nigerian Electricity Regulatory Commission (NERC) now has powers to grant States license to generate, transmit and distribute electricity. Prior to the review, the 1999 Constitution of the Federal Republic of Nigeria (as ammended) in Articles 13 and 14 though positioned electric power in the concurrent legislative list for federal and state governments to legislate on electricity matters, however, restrained the powers. The states then were only permitted to interfere in areas not covered by the national grid system within that state. Interestingly, the recent amendment reviewed Article 14(b) and liberally expands the powers of states to generate, transmit and distribute electricity to areas covered by the national grid unlike pre-reform regimes. What then are the implications of the powers extended to the states to generate electricity even in areas covered by the national grid?
For decades and even with the privatisation of the sector in 2013, the electricity value chain, especially transmission and distribution are literally monopolistic. The reason for this is that even when the electricity value chain has been unbundled and components privatised, the value chain remains highly integrated due to the nature of the electricity product. Electricity in the form of electrons travels at the speed of light from generation to consumption points. Without integration, the disruptions due to poor coordination between components of the value chain can result in poor delivery.
In developed utilities, competitiveness has been introduced through market and regulatory reforms which facilitate consumers to select their preferred generators depending on tariff differences. Advanced metering technology makes this possible. More recently technological innovations are creating opportunities for households and electricity consumers to explore self-generation options apart from public grid systems. The available options range from conventional generators, solar and wind generators. An important incentive for self-generation is that the deployed smart metering solutions facilitate the sale of excess self-generated power back to the grid.
The liberalisation of the states to generate, transmit and distribute electricity has subtly de-monopolised the long existing monopoly of the value chain, making way for free competition in the market through states. Possibly, some states will subsequently make investments in the power sector that will give rise to more electricity generation and supply. However, the question is, how much of additional generated power can be accommodated and integrated into the current Nigerian grid system?
Arguably, there may be a dire need for states to massively invest in further strengthening electricity network infrastructure which has been one of the major causes of the unstable poor supply in many parts of the country. There are privately-owned distribution infrastructure that have been in use for over four decades, hence, the need for upgrade. Equally, some government owned power generating plants which are yet to be concessioned and the Transmission Company of Nigeria (TCN) require significant capital outlay in order to upgrade the assets to the growing national power demand. Even if there was sufficient generated electricity, in most cases, those worn-out infrastructure may be incapable of accommodating such load. As such, we see excess generated electricity, unutilised. Modern technology has provided grid support and ways excess energy can be stored and utilised appropriately. This must be explored.
Given all these challenges and emerging opportunities, the most optimal way to leapfrog in the provision of improved reliable electricity, is for the state governments to consider how the potential investors would leverage on existing NERC regulations in third-party investments, franchising and eligible customer regulations before awarding investments in generation, transmission and distribution to new entrants. This way, legal hitches in utilising existing infrastructure which are privately owned can be avoided.
Depending on how the states intend to operate, the synergy between existing investors and new entrants would open up massive novel opportunities and would also see a rise of prosumers. This means producing consumers; if states allow individuals with capacity to generate their own power and distribute. This can be a good foundation to usher in clean renewable energy sources. In countries like the United Kingdom, innovative incentives (though limited in time) like feed in tariff, renewable obligation certificates were created to encourage generation of clean power through renewable sources by individuals, small and big companies alike. In fact, in the UK, some incentives like Contract for Difference, Smart Export Guarantee, Renewable Heat Incentises, etc. that encourage, support and incentivise the generation and distribution of clean energy through renewable sources are still operational.
Additionally, job creation and employment opportunities will also be a consequence of the implementation of the powers of the state. The underlying economic, social and financial advantages that would result from this are enormous. Thus, liberalising the states to generate, transmit and distribute electricity is a step in the right direction.
On the other hand, with all the positive impacts this recent amendment would likely bring to the sector, the future of existing GenCos, Transmission Company of Nigeria (TCN) and DisCos remain uncertain. With the previous monopolistic nature of the value chain, the sector battled liquidity crises, etc. Operating within an open market structure, leaves the fate of these market operators uncertain. States operating their own transmission networks may imply that the TCN which is the only body in the value chain that is 100 percent government owned and not privatised is now decentralised.
Furthermore, human capital flight may also be one of the setbacks that the current market operators may experience as states would source experienced and capable individuals to manage the state power investments. Declining collection efficiency may also be experienced especially where consumers are at liberty to switch from one electricity company to another. Consequently, the modalities for operations of the state with respect to generation, transmission and distribution of electricity must be clearly stated by NERC, the regulator. NERC may have more work to do in terms of providing innovative guidelines for customers to switch or migrate from one network to another and not just allow it to be solely an internal affair of the state.
According to the World Bank, “Nigeria has the largest number of people without access to electricity in the world”. The World Bank further states that “the power sector has not been able to keep up with demand or provide reliable supply to existing customers. Businesses in Nigeria lose about US$29 billion annually because of unreliable electricity”.
Optimistically, with the implementation of this reform by states, especially if renewable energy sources are incorporated, Nigeria may witness a record decline in the number of people without access to electricity as well as see significant improvement in electricity supply, and ultimately boost the economy. However, the success is dependent on implementing business models that would promote synergy and collaboration between the existing distribution investors and the new entrants to avoid potential rivalry that could lead to legal hitches.
Ani is a Lawyer & Renewable Energy Expert, and reachable through email: nkemani2011@yahoo.comBeyond Legal Reform on Power Sector.
By Ani Nkemjika Nnenne
Following the recent constitutional amendment assented to by President Muhammadu Buhari, the power sector regulatory body- the Nigerian Electricity Regulatory Commission (NERC) now has powers to grant States license to generate, transmit and distribute electricity. Prior to the review, the 1999 Constitution of the Federal Republic of Nigeria in Articles 13 and 14 though positioned electric power in the concurrent legislative list for federal and state governments to legislate on electricity matters, however, restrained the powers. The states then were only permitted to interfere in areas not covered by the national grid system within that state. Interestingly, the recent amendment reviewed Article 14(b) and liberally expands the powers of states to generate, transmit and distribute electricity to areas covered by the national grid unlike pre-reform regimes. What then are the implications of the powers extended to the states to generate electricity even in areas covered by the national grid?
For decades and even with the privatization of the sector in 2013, the electricity value chain, especially transmission and distribution are literally monopolistic. The reason for this is that even when the electricity value chain has been unbundled and components privatized, the value chain remains highly integrated due to the nature of the electricity product. Electricity in the form of electrons travels at the speed of light from generation to consumption points. Without integration, the disruptions due to poor coordination between components of the value chain can result in poor delivery.
In developed utilities, competitiveness has been introduced through market and regulatory reforms which facilitate consumers to select their preferred generators depending on tariff differences. Advanced metering technology makes this possible. More recently technological innovations are creating opportunities for households and electricity consumers to explore self-generation options apart from public grid systems. The available options range from conventional generators, solar and wind generators. An important incentive for self-generation is that the deployed smart metering solutions facilitate the sale of excess self-generated power back to the grid.
The liberalization of the states to generate, transmit and distribute electricity has subtly de-monopolized the long existing monopoly of the value chain making way for free competition in the market through states. Possibly, some states will subsequently make investments in the power sector that will give rise to more electricity generation and supply. However, the question is, how much of additional generated power can be accommodated and integrated into the current Nigerian grid system?
Arguably, there may be a dire need for states to massively invest in further strengthening electricity network infrastructure which has been one of the major causes of the unstable poor supply in many parts of the country. There are privately-owned distribution infrastructure that have been in use for over four decades, hence, the need for upgrade. Equally, some government owned power generating plants which are yet to be concessioned and the Transmission Company of Nigeria (TCN) require significant capital outlay in order to upgrade the assets to the growing national power demand. Even if there was sufficient generated electricity, in most cases, those worn-out infrastructures may be incapable of accommodating such load. As such we see excess generated electricity, unutilized. Modern technology has provided grid support and ways excess energy can be stored and utilized appropriately. This must be explored.
Given all these challenges and emerging opportunities, the most optimal way to leapfrog in the provision of improved reliable electricity, is for the state governments to consider how the potential investors would leverage on existing NERC regulations in third-party investments, franchising and eligible customer regulations before awarding investments in generation, transmission and distribution to new entrants. This way, legal hitches in utilizing existing infrastructure which are privately owned can be avoided.
Depending on how the states intend to operate, the synergy between existing investors and new entrants will open up massive novel opportunities and will also see a rise of prosumers. This means producing consumers; if states allow individuals with capacity to generate their own power and distribute. This can be a good foundation to usher in clean renewable energy sources. In countries like the United Kingdom, innovative incentives (though limited in time) like feed in tariff, renewable obligation certificates were created to encourage generation of clean power through renewable sources by individuals, small and big companies alike. In fact, in the UK, some incentives like Contract for Difference, Smart Export Guarantee, Renewable Heat Incentives, etc. that encourage, support and incentivize the generation and distribution of clean energy through renewable sources are still operational.
Additionally, job creation and employment opportunities will also be a consequence of the implementation of the powers of the state. The underlying economic, social and financial advantages that will result from this are enormous. Thus, liberalizing the states to generate, transmit and distribute electricity is a step in the right direction.
On the other hand, with all the positive impacts this recent amendment will likely bring to the sector, the future of existing GenCos, TCN and DisCos remain uncertain. With the previous monopolistic nature of the value chain, the sector battled liquidity crises, etc. Operating within an open market structure, leaves the fate of these market operators uncertain. States operating their own transmission networks may imply that the Transmission Company of Nigeria (TCN) which is the only body in the value chain that is 100% government owned and not privatized is now decentralized.
Furthermore, human capital flight may also be one of the setbacks that the current market operators may experience as states will source experienced and capable individuals to manage the state power investments. Declining collection efficiency may also be experienced especially where consumers are at liberty to switch from one electricity company to another. Consequently, the modalities for operations of the state with respect to generation, transmission and distribution of electricity must be clearly stated by NERC, the regulator. NERC may have more work to do in terms of providing innovative guidelines for customers to switch or migrate from one network to another and not just allow it to be solely an internal affair of the state.
According to the World Bank, “Nigeria has the largest number of people without access to electricity in the world”. The World Bank further states that “the power sector has not been able to keep up with demand or provide reliable supply to existing customers. Businesses in Nigeria lose about US$29 billion annually because of unreliable electricity”.
Optimistically, the implementation of this reform by states, especially if renewable energy sources are incorporated, Nigeria may witness a record decline in the number of people without access to electricity as well as see significant improvement in electricity supply, and ultimately boost the economy. However, the success is dependent on implementing business models that will promote synergy and collaboration between the existing distribution investors and the new entrants to avoid potential rivalry that can lead to legal hitches.

By: Ani Nkemjika Nnenne
Ani is a Lawyer & Renewable Energy Expert, and reachable through email: nkemani2011@yahoo.com

Opinion

Beyond the Adichie Tragedy

Published

2 days ago

March 16, 2026

The Tide

Quote:: “Justice must never depend on fame, wealth, or connections. The child of a roadside trader deserves the same standard of care as the child of a globally celebrated writer. When accountability works only for the prominent, public trust in institutions quietly erodes.”

Public reaction to the suspension of doctors by the Medical and Dental Council of Nigeria (MDCN) following the death of the son of celebrated Nigerian writer Chimamanda Ngozi Adichie reveals something deeper than outrage over a single tragedy. Across social media and public commentary, a recurring sentiment stands out: many Nigerians believe justice was served only because of the prominence of the family involved. Comments such as “The doctors were punished because Chimamanda is well known,” or “If it was a poor man’s child, the case would have been swept under the carpet,” capture a troubling lack of faith in the system.

Whether these perceptions are always accurate is not the most important issue. What should concern the nation is that so many citizens instinctively believe that justice in Nigeria often depends on status, wealth, or influence.The tragedy that befell the Adichie family is heartbreaking. No parent should have to bury a child, particularly under circumstances that raise questions about professional responsibility. But beyond the grief lies a larger national concern: medical negligence in Nigeria is far more widespread than the few cases that attract public attention. Across the country, families quietly lose loved ones in hospitals and clinics under troubling circumstances. Patients are sometimes misdiagnosed. Emergency cases may be delayed. Surgical procedures may be mishandled, while basic standards of care can be compromised due to negligence, poor supervision, or systemic pressure on medical staff.

In many situations, grieving families simply accept their loss and move on, believing there is little they can do. The result is what can only be described as a silent epidemic of unreported medical negligence.In more developed healthcare systems, such incidents rarely go unexamined. Independent regulatory bodies investigate complaints, enforce professional standards, and sanction erring practitioners. In the United Kingdom, for instance, the Care Quality Commission inspects hospitals, clinics, and care providers to ensure strict compliance with safety and quality standards.Nigeria does have oversight institutions, notably the Medical and Dental Council of Nigeria. However, enforcement often appears inconsistent, and many cases of negligence never reach the stage where regulators can intervene. Sometimes victims are unaware of the complaint process. In other cases, fear, cost, or bureaucracy discourage families from seeking justice.

While government institutions must improve their oversight mechanisms, citizens must also confront a difficult truth: Nigerians often fail to pursue their rights when they are violated. Too frequently, when injustice occurs, people retreat into resignation. Instead of filing complaints or seeking legal remedies, many respond with the familiar phrase: “God will judge them.” Faith is important, but it should not replace civic responsibility. A society that leaves accountability solely to divine intervention risks allowing negligence and impunity to flourish. Some commentators have suggested that the Adichie family likely pursued the matter relentlessly through petitions and formal complaints before authorities acted. If that is the case, it demonstrates a path other citizens can follow. When malpractice occurs, persistence in seeking justice can make institutions respond.

If more families reported cases of medical negligence to the appropriate authorities, regulatory bodies would have stronger grounds to investigate. Public pressure would also push healthcare institutions to improve their standards. Negligence, as defined by Nigeria’s Supreme Court in Odinaka v. Moghalu, refers to the failure to do what a reasonable and prudent person would have done under similar circumstances. Within medical ethics, physicians are expected to provide competent care with compassion and respect for human dignity. These principles form the foundation of the duty of care that patients rely upon. Citizens must therefore be able to recognise signs of negligence and take appropriate steps to seek redress. Patients and families should learn to document incidents, keep medical records, ask questions about treatment decisions, and report suspicious circumstances surrounding medical care.

Where necessary, formal complaints should be lodged with regulatory authorities or pursued through the courts. Civil society organisations, advocacy groups, and the media also play a crucial role. By exposing cases of negligence and demanding accountability, they help ensure such incidents do not disappear into silence. A healthcare system shielded from scrutiny cannot improve. Nevertheless, responsibility cannot rest solely on citizens. Government must take decisive steps to strengthen healthcare regulation and reduce medical negligence. Hospitals and clinics—both public and private—should undergo regular inspections to ensure compliance with professional standards, safety protocols, and ethical guidelines. Persistent violations must attract meaningful sanctions. Legal practitioner and Senior Advocate of Nigeria Olisa Agbakoba has suggested the creation of an independent health regulatory authority and the restoration of Chief Medical Officers at federal and state levels.

In the past, these officials, alongside health inspectors, helped enforce professional standards and ensured accountability within healthcare facilities. Government must also invest more seriously in the training and continuous education of healthcare professionals. Medicine is an evolving field, and practitioners must constantly update their knowledge and skills. Mandatory professional development programmes, stricter licensing renewal requirements, and improved mentorship systems could help reduce errors arising from outdated practices or inadequate training. At the same time, systemic challenges within the healthcare system cannot be ignored. Many Nigerian doctors and nurses work under extremely difficult conditions—overcrowded hospitals, outdated equipment, staff shortages, and overwhelming patient loads. Such pressures increase the risk of mistakes and professional burnout.

Improving healthcare infrastructure, funding, and staffing is therefore not merely an administrative matter; it is a fundamental requirement for patients’ safety. Equally important is transparency when allegations of negligence arise. Investigations must be timely, credible, and accessible. Families deserve to know what happened to their loved ones and whether professional standards were breached. Regulatory bodies must ensure that findings are communicated clearly so that public confidence in the healthcare system is strengthened. The tragedy that drew national attention to medical negligence should not be treated as an isolated incident involving a prominent personality. Rather, it should serve as a wake-up call for systemic reform.

Every Nigerian life carries equal value. Justice must not depend on prominence or privilege. When citizens demand accountability and institutions respond with fairness and transparency, trust begins to grow. Nigeria’s health sector is filled with dedicated doctors, nurses, and medical workers who save lives daily despite difficult conditions. Recognising their commitment, however, should not prevent society from confronting the reality that negligence sometimes occurs—and when it does, it must be addressed firmly. If this painful moment encourages Nigerians to speak up, demand accountability, and push for stronger regulatory systems, it may yet produce meaningful reform. Citizens must refuse to accept negligence as fate, while government strengthens oversight and improves healthcare conditions. Only through this collective effort can Nigeria build a healthcare system where every patient—regardless of social status—receives safe, responsible, and dignified care.

By: Calista Ezeaku

Opinion

As The World Celebrates Women

Published

2 days ago

March 16, 2026

The Tide

Quote:” “Every woman who works tirelessly to raise her children, run a business, support her family or contribute to her community is shaping the future of society. These quiet, everyday efforts may not always make headlines, but they remain the foundation upon which strong families, communities and nations are built.”

The celebration of International Women’s Day offers another important moment to reflect on the strength, resilience and achievements of women across the world. It is a time not only to celebrate the progress made over the years, but also to recognise the courage, determination and commitment that continue to define women’s contributions in every sphere of society. Across the globe, women are steadily breaking barriers and redefining possibilities. From leadership and governance to science, education and enterprise, women continue to prove that their capacity to contribute meaningfully to development is limitless. Particularly inspiring are the strides being made by women across Africa and here in Nigeria. In many instances, these achievements are recorded despite limited access to resources and opportunities when compared with their counterparts in other parts of the world. Yet, through determination, hard work and resilience, women continue to rise above these challenges and make their mark

In Nigeria today, the role of women in national development is increasingly evident. Women are actively shaping policies, building businesses, strengthening institutions and supporting communities. Their influence can be seen in sectors such as healthcare, education, media, technology and public administration. Through dedication and innovation, they contribute significantly to the growth and stability of the nation. In Rivers State, women have also distinguished themselves in remarkable ways. Across different sectors, they continue to make meaningful contributions to the political, economic and social advancement of the state. Many are thriving as entrepreneurs, running successful businesses, supporting their families and creating opportunities for others. Others are making valuable contributions within the healthcare sector, working tirelessly as doctors, nurses and administrators to improve the wellbeing of communities.

Women in the state are also excelling in academia, nurturing young minds and contributing to knowledge through teaching and research. In the media and communication sector, they play critical roles in information dissemination, shaping public conversations and telling the stories that matter to society. Within government institutions and the civil service, women continue to demonstrate professionalism, competence and dedication to duty. Over the years, Rivers State has produced women whose accomplishments have earned them respect and admiration both within and outside the state. The Deputy Governor of Rivers State, Professor Ngozi Nma Odu, stands as one such example. A seasoned academic and public servant, she continues to demonstrate the capacity of women to contribute meaningfully to governance and policy development. Her presence in such a high office serves as encouragement to young women who aspire to leadership and public service.

Similarly, the Head of Service of Rivers State, Dr. (Mrs.) Inyingi S. I. Brown, has demonstrated strong leadership within the public service. Her role in coordinating and strengthening the activities of the civil service reflects years of dedication, professionalism and commitment to service. Another notable example is Justice Mary Odili, whose distinguished career in the judiciary stands as a testament to discipline, excellence and commitment to justice. Her years of service at the highest level of Nigeria’s judicial system have made her a respected figure and a source of inspiration to many. While these women have earned public recognition for their contributions, it is equally important to acknowledge the countless women whose efforts often go unnoticed. Across homes, workplaces and communities, many women continue to make sacrifices that sustain families and strengthen society. Every woman who works tirelessly to raise her children, run a business to support her family, contribute to community development or serve diligently in her workplace is also making a significant impact.

These everyday efforts, often carried out quietly, remain vital to the growth and stability of society. As we reflect on the significance of this occasion, it is important to remember that every woman’s contribution matters. Whether in leadership positions or within the everyday responsibilities of life, the role of women remains central to the progress of our communities.To every woman striving to achieve her dreams despite the challenges along the way, your efforts are valid, seen and meaningful. Your journey matters. Your resilience, dedication and determination continue to inspire hope for a better and more inclusive society.

Happy International Women’s Day.

By: Ledornubari@star

Opinion

Agony In Ivory Tower

Published

1 week ago

March 9, 2026

The Tide

Quote: A university that tolerates missing scripts, result manipulation and ‘sorting’ is not merely failing students—it is quietly destroying the moral foundation of education itself.”

The sad cases of missing scripts, compulsory Sorting, inputting of wrong results and other obnoxious practices in some public universities, leave much to be desired. One cannot imagine how a student will be compelled to suffer consequences of the flagrant negligence of a Head of Department, a lecturer, Department staff or an ICT staff.Many academic and non academic staff in several public universities seem to be performing far below standard, thus unproductive to the university system. The unacceptable cases of sorting, missing scripts, missing results, inputting of wrong grades to students, should not be mentioned in a university, not even in any academic community. This is because people who are employed to work in various positions should have cognate work experience and unquestionable competence. They should not be seen as certificate welding illiterates but people who have been proven to be worthy in learning and character, diligent and competent to carry out assigned responsibilities with minimal or no supervision.

The university as a citadel of learning should boast of men of integrity, people who are repositories of applied knowledge and competence to drive the much desired holistic development in a nation that functions on quality teaching and learning. A situation where a student having gone through the crucibles of learning and written a prescribed semester examination or class-based evaluation test, is told that his or her script is missing or that he or she did not participate in that academic exercise, or must sort to pass, is an unpardonable error and a height of callousness. In fact some lecturers and staff of Departments are using the seeming systemic defect (which is their architecture) as an opportunity to extort students. Sometimes it is discovered much to students chagrin that the supposed missing script was later discovered when a ransom was paid.

Since a lecturer, or Head of Department has in their disposal both Yam and the knife and determines who takes what (if they wish to give without strings), students have no alternative but to submit to their importunate demands in order to graduate at record time.Such practices should be unheard of in an institution that should be a vanguard of moral and ethical values and conduct. What people learn in school constitute their behavioural patterns in the society. Where the school as an agency of socialisation cannot drive positive change first in its immediate environment, then the objective of education as a bedrock for the development of society, is inevitably compromised and counter-productive. The German Reformer, Dr. Martins Luther was quoted as saying, “I advise parents not to put their wards or children in any school where the Bible is not being used as a rule of life because such institutions will unnecessarily be corrupt”.

Gleaning from Luther’s sentiment one can deduce that the lack of respect and regard for values as well as the absence of the fear of God is the greatest undoing of most public schools. Another major challenge is that lack of Information, Communication and Technology literacy or compliance on the part of some lecturers and heads of department, may have informed the decision to give students’ scripts to secretaries to compile and input students results thereby making the secretaries the determinants of students’ fate. It is not saying a new thing that some of the secretaries in the process of compiling results have inputted wrong results, omitted names or down graded some students or given unmerited grades to others.Society today is ICT-driven and ICT-literacy enhances efficiency, speed and a reasonable degree of accuracy if the person behind the computer is level headed, articulate, competent, alive to responsibilities and is aware that negligence on his or her part is not only tantamount to a disservice to the university but to the students who may not graduate at record time because of his or her (computer operator’s) gross ineptitude or carelessness.

The ICT era makes the carrying of hard copy of results obsolete as lecturers through the Heads of Department can log on to the central server of the Exams and Records (if any) or ICT unit and input students’ results directly. By so doing the incessant cases where result on spread sheet is different from the one published online, more often than not, caused by abject negligence, will be avoided. The process will also end the intermediary services of some staff in the universities’ Information, Communication and Technology Department which has become a money spinner-a lucrative source of income to many of them. In fact some ICT staff reserved the power to award grades to students depending on students’ degree of compliance to terms and conditions. They can dubiously make or unmake a student. The university community should be considered too lofty to have careless, negligent, immoral and academic or professionally deficient people as academic or non-academic staff.

The Governing Councils and Senates of universities should be proactive in addressing the menace of missing Script, inputting of wrong results and sorting. This is necessary to end the slogan “Education is scam” so the system can produce quality students who are truly found worthy in learning and in character by operators who exemplify diligence, moral and ethical values. The much-needed reform must begin within the institutions themselves, because the future of any society is shaped in its classrooms.

By: Igbiki Benibo