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

Monthly Environmental Sanitation Imperative

Published

10 hours ago

May 18, 2026

The Tide

Quote: “A clean environment is not a government gift; it is a civic duty that protects our health, preserves our cities, and reflects our national character.”

For many Nigerians who grew up in the 1980s, 1990s, and early 2000s, the last Saturday of every month followed a familiar pattern. Roads were deserted, markets closed, and residents swept compounds, cleared gutters, cut overgrown weeds, and disposed off refuse. The monthly environmental sanitation exercise became a national ritual that promoted cleanliness, discipline, and civic responsibility. As an environment correspondent about two decades ago, I joined officials of the Rivers State Ministry of Environment on sanitation monitoring tours across Port Harcourt and surrounding communities. Although enforcement officers were sometimes accused of excesses, the exercise succeeded in creating public awareness about the importance of keeping our surroundings clean. Over time, however, the practice faded away in many states.

In its absence, indiscriminate dumping of refuse, blocked drainages and environmental neglect became increasingly common. Today, heaps of waste line roads, markets and motor parks, while gutters clogged with plastics contribute to perennial flooding. Given the mounting environmental challenges facing Nigerian cities, there is no better time to revive environmental sanitation. Its return is no longer a matter of nostalgia; it is a practical necessity for public health, environmental safety, and sustainable development. Poor sanitation remains a major cause of disease. Stagnant water and uncollected waste create breeding grounds for mosquitoes, flies and rodents, increasing the risk of malaria, cholera, typhoid and other infections. Floodwaters contaminated by refuse also expose communities to serious health hazards.

Rapid urbanisation has worsened the situation. Cities such as Lagos, Port Harcourt and Abuja are expanding faster than their waste management systems can cope. As populations grow, so does the volume of waste generated daily. Monthly sanitation exercises can help rebuild environmental consciousness. Beyond cleaning streets, they remind citizens that environmental cleanliness is a shared responsibility. They also offer an opportunity to educate children and young people about hygiene, public health and community participation. Critics argue that the old sanitation policy restricted movement and was sometimes abused by security personnel. Those concerns were valid, but they do not invalidate the concept itself. Rather than abandon it, governments should reform the programme to make it more humane, participatory and transparent.

That is why the recent decision by the Lagos State Government to reintroduce monthly sanitation deserves commendation. Even if participation is largely voluntary, the move sends a strong signal that environmental responsibility must be taken seriously. Other states should emulate this initiative. In Rivers State, the Rivers State Waste Management Agency has intensified efforts to improve waste collection and restore Port Harcourt’s reputation as the Garden City. Reintroducing monthly sanitation would complement these efforts and deepen public involvement. At the federal level, policies such as the Digital Waste Marketplace, the Plastic Waste Policy and the National Waste Management Network are commendable. However, environmental sanitation remains one of the most direct and visible ways to mobilise citizens toward cleaner communities.

The exercise, however, must be supported by efficient waste management infrastructure. Citizens cannot be expected to maintain clean surroundings if there are inadequate waste bins, irregular refuse collection, and limited recycling facilities. Governments at all levels should invest in modern waste management systems, properly fund sanitation agencies, and promote recycling programmes. Waste sorting should become standard practice to reduce the volume of refuse ending up in landfills and drainage channels. Countries such as Singapore, Sweden and South Korea have demonstrated that waste can become a valuable economic resource. Recycling industries in these countries create jobs while protecting the environment. Nigeria can adopt similar strategies and turn waste into wealth.

Environmental laws must also be enforced consistently. Regulations against illegal dumping exist in many states but are rarely implemented. Offenders should face penalties, but enforcement must be fair and free from extortion. Urban planning is another critical factor. Poor drainage systems, overcrowding and inadequate sewage infrastructure worsen sanitation problems. Governments must prioritise road construction, drainage maintenance and orderly urban development. Markets deserve particular attention. They generate enormous quantities of waste every day, yet many lack organised disposal systems. Local councils and market associations should work together to establish effective waste collection arrangements in commercial centres. Religious institutions, schools, traditional rulers and civil society groups also have important roles to play.

Environmental responsibility should be taught and reinforced as a social value. Community leaders can help change attitudes by consistently promoting cleaner habits. This issue is even more urgent in an era of climate change. Flooding, erosion and extreme weather events are already threatening many Nigerian communities. Poor waste disposal worsens these challenges by blocking waterways and reducing urban resilience. A clean environment also offers economic benefits. Well-maintained cities attract investors, tourists and businesses. Reduced disease outbreaks lower healthcare costs and improve productivity among workers and students. More importantly, cleanliness reflects national values. A nation that allows public spaces to deteriorate projects an image of disorder and neglect. Nigerians deserve cleaner streets, healthier neighbourhoods and safer communities.

Reviving environmental sanitation will not solve all environmental problems overnight, but it can serve as a powerful starting point. Combined with effective waste management, public education and stronger infrastructure, it can restore environmental consciousness across the country. Ultimately, environmental cleanliness is a shared responsibility. Government must provide leadership, infrastructure and enforcement, while citizens must demonstrate discipline and civic commitment. From disposing of household waste properly to keeping drains free of obstruction, every Nigerian has a role to play. If Nigeria is serious about protecting public health, reducing flooding and building livable cities, the return of monthly environmental sanitation is a step whose time has come.

By: Calista Ezeaku

Opinion

God’s Intentionality in Ecological System

Published

10 hours ago

May 18, 2026

The Tide

Quote:”Every component of creation is interdependent, demonstrating that God designed nature as a balanced system in which each part contributes to the wellbeing of the whole”.

From the very first chapter of Scripture, the Bible presents a profound truth: creation was not accidental, random, or without meaning. The universe emerged from the deliberate counsel of an all-wise God who fashioned every aspect of life with purpose and precision. The heavens were stretched out by His command, the earth was carefully positioned, the seas were bounded, and every living creature was assigned a distinct role within a perfectly coordinated ecological system. When God surveyed His completed work, He pronounced it “very good,” affirming that creation was whole, harmonious, and exactly as He intended. The natural world remains a visible testimony to God’s intentionality. The sun provides warmth and energy at the right intensity to sustain life. The moon governs tides and seasons. Trees absorb carbon dioxide and release oxygen.

Rivers irrigate the land and quench thirst. Bees and butterflies pollinate crops. Birds disperse seeds. Animals maintain biodiversity. Every component of creation is interdependent, demonstrating that God designed nature as a balanced system in which each part contributes to the wellbeing of the whole. Nothing was made without significance, and nothing was left to chance. Among all created beings, humanity occupies a unique and privileged position. Unlike plants and animals, man was created in the image and likeness of God. This divine imprint endowed human beings with intelligence, moral consciousness, creativity, and the capacity for relationship with their maker. It also established mankind as the steward of creation. God granted humanity dominion over the earth, not as a license for reckless exploitation, but as a sacred trust to cultivate, protect, and preserve the world He had declared good.

Dominion, in God’s original intention, was to be exercised with wisdom, compassion, and responsibility. Human beings were meant to care for the land, use natural resources judiciously, and ensure that all forms of life flourished in accordance with divine order. The earth was to be managed as a trust from God, not plundered for selfish gain. Unfortunately, this divine mandate has been grossly misunderstood and widely abused. It is deeply regrettable that man has deviated so drastically from God’s original intention. Instead of stewardship, humanity has too often embraced greed. Instead of preservation, there has been exploitation. Instead of gratitude to the Creator, there has been reckless consumption and abuse of the environment. Across the world, forests are felled indiscriminately, rivers are contaminated, and fertile lands are stripped of their productivity.

Species disappear as habitats are destroyed. Air pollution threatens public health, and climate change disrupts weather patterns and livelihoods. What God created as a life-supporting ecosystem is increasingly treated as a disposable commodity. In Nigeria, the consequences are especially painful. Oil spills in the Niger Delta have devastated farmlands, poisoned rivers, and destroyed fishing communities. Poor waste management clogs drains and contributes to flooding. Erosion eats away homes and roads. Illegal mining and logging scar the landscape. In many cases, communities suffer while those responsible evade justice. At the root of much of this destruction is corruption. Funds earmarked for environmental protection, sanitation, and erosion control are often diverted for personal enrichment. Regulatory agencies are compromised through bribery.

Powerful individuals and corporations place profit above human welfare. Corruption thus becomes not only a moral failure but an assault on God’s creation. This environmental abuse is also a tragic expression of man’s inhumanity to man. When water is polluted, children fall sick. When farmlands are destroyed, farmers lose their means of survival. When rivers are contaminated, fishermen are plunged into poverty. When floods and erosion displace families, communities are torn apart. The burden of environmental degradation falls most heavily on the poor and vulnerable, while future generations inherit a diminished world. Yet, despite humanity’s failures, there remains hope for restoration. God’s purpose for creation has not changed. He still calls His people to responsible stewardship and righteous living. When individuals and nations return to God’s principles, they begin to view the earth not as an object to exploit, but as a sacred trust to preserve.

Responsible stewardship means protecting natural resources, planting trees, reducing pollution, disposing of waste properly, enforcing environmental laws, rejecting corruption, and treating others with justice and compassion. It requires governments to act with integrity, businesses to operate ethically, faith communities to teach creation care, and citizens to take personal responsibility for the environment. Creation care is therefore more than an environmental concern; it is a spiritual obligation. Our treatment of the earth and of one another reflects the sincerity of our reverence for God. To exploit nature, oppress the vulnerable, and enrich ourselves through corruption is to rebel against His purpose. To protect creation and uphold justice is to honor the Creator and participate in His original design. The world God made was declared “very good.” It is our solemn duty to ensure that our actions preserve rather than destroy that goodness.

By: Sylvia ThankGod-Amadi

Opinion

Confronting National Development In Chinese Style

Published

6 days ago

May 13, 2026

The Tide

Quote: “China’s rise was not a miracle. It was the result of deliberate planning, disciplined execution, and a national determination to make poverty reduction the foundation of national development.”

A short TikTok video by @ancientchinaforever recently offered a compelling summary of China’s remarkable transformation from one of the world’s poorest nations to a global economic powerhouse. In just a few minutes, it captured a lesson that developing countries like Nigeria cannot afford to ignore: meaningful development does not happen by chance. It is the product of vision, consistency, and a deliberate commitment to confronting poverty. In 1981, according to the World Bank, nearly 88 percent of China’s population lived in extreme poverty. The country was overwhelmingly rural, industrially weak, and lacking in modern infrastructure. Millions of people had limited access to quality healthcare, education, and basic social services. Yet China refused to accept poverty as its destiny. Its leaders made a strategic decision to treat poverty reduction as the starting point of national development.

Rather than relying on slogans or isolated welfare programmes, they created a coordinated system that mobilised government institutions at every level toward one overriding goal: improving the living conditions of ordinary citizens.

This was the turning point in China’s history. Poverty alleviation became a national mission. Clear targets were established, responsibilities were assigned to provincial and local governments, and officials were evaluated based on measurable results. Data was used to identify poor households, monitor progress, and adjust strategies where necessary.In effect, China built what may be described as a national development machine.The first major reforms focused on agriculture. Through the household responsibility system, farmers were given greater control over their land and allowed to sell surplus produce after meeting government quotas.

This policy created incentives for productivity and innovation. The results were dramatic. Agricultural output rose significantly, rural incomes increased, and millions were lifted out of poverty.With food security improving, China turned to industrialisation. The government established Special Economic Zones, most notably in Shenzhen, to attract foreign investment and promote export-driven manufacturing. What was once a small fishing community quickly transformed into one of the world’s leading industrial and technology hubs. Factories created millions of jobs, drawing workers from rural areas into expanding urban centres. China soon became the manufacturing capital of the world, producing electronics, textiles, machinery, and consumer goods for global markets.The revenue generated from industrial growth was reinvested in infrastructure and human development.

China understood that development requires more than factories. It demands modern infrastructure that connects people, goods, and markets. Massive investments were made in roads, railways, airports, seaports, electricity, and telecommunications.

Today, China’s high-speed rail system, modern cities, and efficient logistics networks stand as visible proof of decades of purposeful investment. Equally important was China’s commitment to education and healthcare.Schools were expanded, literacy improved, and vocational training equipped workers with the skills needed in a modern economy. Healthcare reforms reduced preventable diseases and protected families from being pushed deeper into poverty by medical costs.These investments ensured that economic growth translated into tangible improvements in living standards.

Another defining feature of China’s development model was policy continuity. Through successive Five-Year Plans, national priorities were clearly outlined and pursued over decades. While leaders changed, the core development agenda remained consistent. This stability encouraged investment, strengthened institutions, and allowed long-term projects to be completed. Unlike countries where each administration abandons the policies of its predecessor, China sustained a clear sense of direction.The results have been extraordinary. According to the World Bank, China has lifted more than 800 million people out of extreme poverty—the largest poverty reduction effort in human history. A broad middle class has emerged, and the country has become the world’s second-largest economy. Chinese companies such as Huawei Technologies and Alibaba Group now compete at the forefront of global innovation.

China’s journey has not been without challenges. Rapid industrialisation has contributed to environmental degradation, regional disparities, and demographic pressures. However, these challenges do not diminish the scale of its achievement. They underscore the complexity of transforming a nation of over one billion people. For Nigeria, China’s experience offers valuable lessons. First, poverty reduction must be treated as a strategic national priority rather than a campaign promise. Second, development requires long-term planning and policy continuity. Third, sustained investment in agriculture, infrastructure, education, and healthcare is essential. Fourth, institutions must be strengthened to ensure accountability and measurable outcomes. Finally, leadership must combine vision with disciplined execution. Nigeria is richly endowed with natural resources, entrepreneurial talent, and a youthful population.

What remains missing is a coherent and consistent development strategy that places national interest above politics. China’s transformation demonstrates that development is not a matter of luck. It is the outcome of clear priorities, effective institutions, and unwavering commitment. For countries still grappling with poverty and underdevelopment, China stands as compelling proof that when a nation confronts its challenges with strategic intent and collective discipline, extraordinary progress is possible.

Sylvia ThankGod-Amadi