The Forum of Commissioners of Power and Energy in Nigeria (FOCPEN) has condemned the Senate’s proposed amendment to the Electricity Act 2023, warning that the move could undermine state-established power markets and derail ongoing reforms in the sector.
The Senate recently commenced legislative processes to overhaul the Electricity Act 2023, with the Electricity Act (Amendment) Bill 2025 passing its second reading.
In a joint statement issued on Thursday, FOCPEN chairman, Prince Eka Williams, who is also the Commissioner for Power and Renewable Energy in Cross River State, and FOCPEN secretary, Omale Omale, Commissioner for Power and Energy in Benue State, expressed deep concern about attempts to amend the landmark law barely two years after its enactment.
“This unexpected legislative move comes barely two years after the landmark Electricity Act 2023 was signed into law,” the commissioners said.
“During this period, many states have begun to establish and operationalise their electricity markets under the new decentralised framework.”
FOCPEN highlighted that since President Bola Ahmed Tinubu signed the Electricity Act into law in 2023, no fewer than 16 states have passed their respective electricity market laws and commenced reforms to build reliable and sustainable power markets for economic growth and development.
The Forum warned that the proposed amendment could disrupt these ongoing initiatives, stressing that the stability of the regulatory and legal framework is critical for investor confidence and for states to achieve their electricity expansion goals.
They urged the National Assembly to prioritise engagement with stakeholders before amending a law that has opened up the power sector for state-led development and private sector participation.
“The progress made by states in establishing their electricity markets is commendable. Any move that will reverse these gains or create uncertainty should be reconsidered in the interest of national development,” the statement concluded.
The Electricity Act 2023 marked a significant shift in Nigeria’s power sector by devolving regulatory powers to states, enabling them to legislate and regulate electricity generation, transmission, and distribution within their jurisdictions.
