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PwC Proposes Key Amendments to Nigeria Electricity Act 2023

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Nigeria Electricity Act 2023

By Adedapo Adesanya 

PricewaterhouseCooper (PwC) Nigeria has commended the country’s move towards fixing its copious electricity challenges with the Electricity Act 2023 and proposed key amendments that will ensure the issues are faced head-on,

At the 14th edition of its Annual Power and Utilities Roundtable, with the theme The Electricity Act 2023: Powering Nigeria, the Partner and Energy, Utilities and Resources Leader at PwC Nigeria, Mr Pedro Omontuemhen, noted that, “The 2023 power roundtable’s timing coincides with the ongoing COP 28 in Dubai, highlighting the urgent need for continued action on climate change especially in the area of renewable energy.”

“The Electricity Act can play a pivotal role in addressing this challenge by guiding balancing the utilisation of our natural resources with the reduction of carbon emissions while showing how we can generate, transmit, and distribute adequate power to meet Nigeria’s energy needs,” he added.

He noted that “discussions at the roundtable have shown that power sector stakeholders welcome the Electricity Act as a good step, especially for consolidating the laws governing the Nigerian electricity supply industry and establishing a policy framework that empowers state governments and investors.

However, he stressed that there was more to be done to enhance the legislation and make it more responsive to the realities of industry practitioners, adding that the Act must provide the policy framework necessary to implement practical solutions to address the metering gap.

In his keynote address, Mr Bimbola Banjo, Partner and Finance Advisory Leader, PwC Nigeria, elaborated on the key provisions of the Act, including the separation of distribution from supply operations, incentivising renewable energy, the positioning of NERC as the apex regulator, the establishment of the Power Consumer Assistance Fund (PCAF), state government’s adoption of the Electricity Act, the establishment of N-HYPPADEC, and the definition of offences and penalties.

“While there is an urgency to adopt the Electricity Act, states must exercise caution and assess their readiness for implementation. The process of adoption will incur significant costs, including engaging legal and commercial advisors, and will require substantial investments in technology, human resources, and the establishment of state-level structures.

“Before proceeding, states should conduct a comprehensive evaluation of their electricity market and network infrastructure, accompanied by detailed technical and commercial feasibility studies. This rigorous assessment will ensure that states are adequately prepared to implement the Electricity Act effectively and reap its full benefits,” he added.

The Electricity Act fosters collaboration among various stakeholders, including state governments and federal government ministries. These partnerships and active state participation will lead to positive outcomes, such as the establishment of suitable investment vehicles, effective fundraising strategies, robust enforcement mechanisms, and enhanced knowledge exchange.

The roundtable’s panel of experienced power sector stakeholders discussed additional measures that will enhance the Electricity Act towards achieving its objectives.

For Mr Akinyemi Akingbade, Partner, Energy, Utilities and Resources, PwC Nigeria, who moderated the panel session, there’s a need to consider the role the Electricity Act can play in stimulating local manufacturing of electricity assets, such as meters, and fostering domestic investments within Nigeria’s power value chain, which will help job creation and economic growth.

Mr Razaq Obe noted that the Electricity Act has already started fostering collaborations in the sector. For example, there’s a forum of state commissioners for energy, which is a first in Nigeria’s history. He indicated the willingness of state governments to continue to collaborate to enhance the implementation of the Electricity Act.

Addressing the misconception surrounding reluctance to provide meters, Mrs Soetan emphasised that DisCos, despite facing cost challenges, believe in the benefits of metering for improved revenue collection.

She stressed that DisCos are actively seeking collaborations with various stakeholders to increase meter deployment for their customers. The collaboration between DisCOs and state governments to deter energy theft will be key to achieving the Electricity Act’s objectives.

Mr Obi-Chukwu expressed enthusiasm for the Electricity Act’s potential to promote renewable energy development in Nigeria, bringing about widespread adoption of solar energy in residential and community settings. Additionally, he emphasised the importance of digital transformation and data sharing to facilitate innovation.

Adding his input, Mr Mueller emphasised the need for a clear and effective dispute resolution mechanism to address regulatory disputes and prevent inconsistencies in regulatory decisions. He highlighted the current potential for double regulation and abuse of power.

Mr Akpeneye noted that enhancing the Electricity Act should include establishing a single, comprehensive law governing the entire power sector. While electricity distribution should remain within the purview of state governments, a centralised law is crucial to ensure consistency and prevent conflicts. The Electricity Act should clearly define the roles and responsibilities of regulators, establish industry standards, and outline how stakeholders should collaborate effectively.

Adedapo Adesanya is a journalist, polymath, and connoisseur of everything art. When he is not writing, he has his nose buried in one of the many books or articles he has bookmarked or simply listening to good music with a bottle of beer or wine. He supports the greatest club in the world, Manchester United F.C.

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RMAFC Kicks Off Data Verification for Revenue Allocation Framework

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RMAFC

By Modupe Gbadeyanka

A nationwide data verification exercise to review the factors and proxies used in the sharing of revenue among states and local governments has commenced.

The revenue allocation framework initiative is being conducted by the Revenue Mobilisation Allocation and Fiscal Commission (RMAFC).

The goal is to ensure that the distribution of national resources accurately reflects the current socio-economic realities across the federation, a statement signed by the organisation’s Head of Information and Public Relations Unit, Ms Maryam Umar Yusuf, stated.

In the statement issued on Thursday, the chairman of the commission, Mr Mohammed Bello Shehu, was said to have posited that the exercise would strengthen fiscal federalism and enhance national development planning across the country.

According to him, credible and verified data remains the foundation of a fair and sustainable revenue allocation system.

“The commission is committed to ensuring that Nigeria’s revenue allocation framework reflects the realities on the ground. Accurate data is the backbone of fairness, equity, and national cohesion.

“This nationwide exercise represents our determination to build a more transparent and responsive revenue distribution system that serves the interests of all Nigerians,” he noted.

Mr Shehu urged the state governments, local authorities, traditional institutions, civil society organisations, and community leaders to provide full cooperation to the agency’s verification teams, emphasising that the outcomes of the programme will have far-reaching implications for national planning, fiscal management, and balanced regional development across the federation.

As part of its nationwide rollout strategy, it has scheduled region-by-region data verification exercises across all states of the federation and the Federal Capital Territory (FCT), Abuja.

The exercise will involve systematic collection, validation, and reconciliation of critical socio-economic and infrastructural data used in determining revenue allocation indices for horizontal revenue sharing.

It was disclosed that the focus would be on key indicators like education and health provision, internal revenue generation capacity, and infrastructure development across the states and local government areas.

Stakeholder engagement sessions will also be conducted in each state to ensure transparency, build trust, and promote collaborative participation among government agencies and local communities.

Nigeria’s revenue allocation framework relies on specific indices, including those of population, landmass, infrastructure, and socio-economic development indicators, all of which must be periodically reviewed to reflect changing realities.

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President Tinubu Greets Senator Kalu at 65

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Orji Uzor Kalu Tinubu 65th birthday

By Aduragbemi Omiyale

The Senator representing Abia North Senatorial District in the National Assembly, Mr Orji Uzor Kalu, has been congratulated by President Bola Tinubu on his 65th birthday.

In a statement released by the State House, the former Governor of Abia State was praised for his multifaceted roles and his service to the nation.

Mr Tinubu said his longtime friend and political ally has worked for the growth of Nigeria, having served as the Senate Chief Whip and currently the Chairman of the Senate Committee on the South East Development Commission (SEDC).

The SEDC is one of the regional development commissions established by the administration of President Tinubu to accelerate infrastructure, economic growth, and overall development across the South East geopolitical zone.

The President highlighted the lawmaker’s significant contributions during his tenure as Governor of Abia State from 1999 to 2007, as well as his continued dedication to the progress of the state and the nation at large.

He also acknowledged Mr Kalu’s accomplishments in the private sector, describing him as a media mogul and Chairman of SLOK Holding, who continues to play a vital role in Nigeria’s economic development.

“Senator Orji Uzor Kalu’s vision, resilience, industry and service to the nation and commitment to the progress of Abia are noteworthy,” President Tinubu remarked.

“I wish him long life, greater strength and increased wisdom as he continues his service to the nation,” the President concluded.

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FCCPC Seals Paradise Estate Over Consumer Rights Violations

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Paradise Estate Abuja

By Adedapo Adesanya

The Federal Competition and Consumer Protection Commission (FCCPC) has sealed Paradise Estate in Life Camp Extension, Abuja, following serious allegations of consumer rights violations.

The action was taken due to the estate’s alleged failure to deliver housing units to buyers despite receiving full payment.

The FCCPC also cited multiple public complaints and other offences as grounds for the enforcement.

According to the commission, numerous complaints had been lodged against Paradise Estate, but the management repeatedly failed to comply with regulatory directives.

The non-compliance prompted the FCCPC’s visitation and eventual sealing of the premises.

Speaking to reporters, the FCCPC’s Deputy Director of Surveillance, Marvin Nadah, noted that the developer was given a seven-day window to respond to an official summons but failed to comply.

In its defence, Paradise Homes’ Head of Legal, Mr Aloysius Ezenwa, argued that the transactions were protected under the existing “Contract of Sale.” The company expressed its dissatisfaction with the sealing, maintaining that the dispute is a contractual matter that should be settled before a tribunal.

However, the FCCPC maintained that its actions were lawful and that it had not been served with any court appeal to halt the process.

The commission reiterated its stance on prioritising the rights of Nigerian consumers and ensuring developers are held accountable.

It noted its commitment to protecting consumers from unfair business practices and warned other real estate developers to adhere strictly to contractual obligations and consumer protection laws.

The FCCPC’s involvement in a housing complaint comes after a Federal High Court in Abuja ruled that the organisation has the powers to investigate consumers’ complaints involving banks and other financial institutions.

The banks, the court ruled, are answerable to FCCPC. It dismissed a suit filed by the United Bank for Africa (UBA) and slammed N2 million on it.

The decision has been described as a big win for bank customers.

In a statement signed by its Corporate Affairs Director, Mr Ondaje Ijagwu, FCCPC’s chief executive, Mr Tunji Bello, said, “This is a big victory for bank customers.”

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