The National Assembly has signaled plans to amend the 2023 Electricity Act to designate the Nigerian Electricity Management Services Agency (NEMSA) as the sole authority responsible for enforcing technical standards and regulations in the power sector.
This announcement was made by Senator Eyinnaya Abaribe, Chairman of the Senate Committee on Power, at the Fourth Edition of The Stakeholders Roundtable for the Enforcement of Technical Standards, Regulations, and Mandates, held on Tuesday in Abuja.
The 2023 Electricity Act, which replaced the 2005 Electricity and Power Sector Reform Act, introduced significant reforms, including the de-monopolization of electricity generation, transmission, and distribution. It granted states, companies, and individuals the right to generate, transmit, and distribute electricity, and allowed states to license private investors for mini-grids and power plants. However, certain states have moved beyond their authority, establishing and enforcing technical and safety standards, which falls under NEMSA’s jurisdiction.
In his address, Senator Abaribe clarified that the current act does not grant states the power to enforce technical standards in the electricity sector. He emphasized the need for federal law to take precedence over state law in this matter, stressing the importance of a unified legal framework to avoid conflicting standards.
“The 2023 Electricity Act does not empower states to enforce standards related to electrical equipment or supplies,” Abaribe said. “We believe that, in amending the Act, we must make it explicit that, just as the Nigerian Electricity Regulatory Commission (NERC) handles regulatory matters, NEMSA must oversee safety and technical standards nationwide. We cannot afford to have multiple standards.”
He further acknowledged that the decentralization of electricity regulatory duties, as outlined in the 1999 Constitution and the 2023 Electricity Act, could complicate NEMSA’s enforcement of electrical standards at the sub-national level. To address this, the amendment will ensure that no state can unilaterally set its own standards, thereby preventing potential conflicts.
Abaribe also highlighted the critical role of NEMSA in enforcing electrical safety standards across the Nigerian Electricity Supply Industry (NESI), noting that NEMSA, along with contractors, operators, and stakeholders, must work together to fulfill this mandate. He assured that the National Assembly would continue its strict regulatory oversight to ensure compliance with safety measures.
In his welcome remarks, NEMSA Managing Director Aliyu Tahir emphasized the importance of legislative and judicial support in upholding the regulatory frameworks necessary for a safe and reliable electricity supply. He reaffirmed NEMSA’s commitment to enforcing technical standards, inspecting installations, and ensuring the safety of electrical materials across Nigeria.
Tahir also highlighted the need for active stakeholder engagement to address the challenges posed by substandard electrical materials, which he identified as a major factor contributing to frequent grid failures. He concluded by calling for continued collaboration to build a safer, more resilient electricity industry.
This roundtable reinforced the shared commitment to upholding high technical standards and safety protocols to ensure the reliable delivery of electricity throughout Nigeria.
