LEGAL MEASURES TOWARDS REVERSING NIGERIA’S EPILEPTIC POWER SUPPLY

Abstract

This study examines efforts deployed by successive governments in Nigeria towards reversing power epilepsy militating against the country’s growth and development. These efforts geared towards achieving electricity security (availability, accessibility, affordability and reliability of electricity supply) have been largely ineffective due to continuous disregard of the constitutional provisions governing electricity management and control. Although, previous studies focused on adequacy of investment as panacea to achieving stable supply of electricity, however, the role of law in bringing desired change in the Nigerian Electricity Supply Industry (NESI) has not been adequately investigated.  This study appraised how continuous disregard of the Basic Norm (Constitution of the Federal Republic of Nigeria, 1999) is impacting the realisation of electricity security in Nigeria. Hans Kelson’s Pure Theory of Law provided framework of this study, while doctrinal method was adopted. Notwithstanding state actors’ humongous spending on fixing power epilepsy in NESI, security of electricity supply still eludes Nigerians. Legislation governing reforms in NESI has been ineffective due to a centralised governance structure contrary to the 1999 Constitution (as amended). Certain provisions in the Electricity Act, 2023 conflict with extant provisions of the 1999 Constitution thereby inhibiting the fruit of uninterrupted supply of electricity that Rule of Law has to offer. Stakeholders in the Nigerian Electricity Supply Industry should play by the Basic Norm in order to successfully address the perennial problem of power epilepsy in Nigeria.