About the Electricity Law Reports

Introduction

This publication is inspired by the important role that the electricity sector is expected to play in driving the economic growth of Nigeria.

Whilst there is an urgent need for considerable investment in the Sector, local and foreign investors require clarity on laws and regulations; particularly as interpreted by the Courts and the regulators, in order to make informed decisions on investments. However, this is not currently the case.

Background

In addition to restructuring and deregulation activities in recent years, the industry has witnessed the introduction of various laws, regulations, and regulators. Some of these regulators are Federal Ministry of Power, Bureau of Public Enterprises (BPE), Nigerian Electricity Regulatory Commission (NERC), Rural Electrification Agency (REA), Transmission Company of Nigeria (TCN), Energy Commission of Nigeria (ECN), Nigeria Electricity Liability Management Company (NELMCO), Standard Organization of Nigeria (SON), Nigerian Bulk Electricity Trading Plc. (NBET), Nigerian Investment and Promotion Commission (NIPC), Nigerian Electricity Management Services Authority (NEMSA), National Integrated Power Project (NIPP), and National Agency for Science & Engineering Infrastructure (NASENI).

For regulators, the somewhat conflicting duties of maintaining and enforcing safety/ quality standards, attracting investment, engendering competition, and ensuring investors recoup their investment without affecting affordability can be daunting. This law report can be a useful tool in assisting them to discharge their statutory roles.

Currently, the changes in the Sector have led to uncertainties over the interpretations of extant laws and regulations. Lawyers, consultants and other professionals engaged by industry players as well as regulators are bereft of a singular law report that periodically compiles all decided cases by the Courts and the regulators in the electric power sector.

The reports

The foregoing birthed the idea to compile a complete set of volumes containing all known judgments (reported and unreported) as well as landmark decisions of the regulator, Nigerian Electricity Regulatory Commission(NERC), relating to the electric power sector from 1900 to date.

The team

Together with the assistance and support of a dedicated team of young, intelligent, hardworking, and public-spirited individuals, this idea was made a reality. I am duty-bound to thank with deep appreciation, this team, which consists of:

  1. Mr. Francis Akinlotan
  2. Mrs. Anuoluwa Ogunro
  3. Mrs. Chinenye Ajayi
  4. Mr. Ayodeji Fasehun
  5. Ms. Olayinka Owoeye
  6. Ms. Taofikat Odunuga
  7. Mr. Lanre Sorinola
  8. Ms. Abimbola Adekoya
  9. Mr. Folarin Ebiti
  10. Ms. Boma Opulah
  11. Mr. Eze Okam
  12. Ms. Esther Randle
  13. Mr. Waleey Opeyemi Fatai
  14. Mr. Adebanjo Ojedapo
  15. Ms. Nana Hameed
  16. Ms. Anna Eroh
  17. Mr. Odunayo Ifarajimi
  18. Mrs. Deborah Ekundayo
  19. Mr. Leke Olaitan
  20. Mr. Babatunde Bello

Their contributions in terms of ideas, suggestions, and time, were invaluable to the development and completion of these Reports. Also, we are grateful to the Editorial Advisory Board led by my Boss and Mentor, Chief ‘Bolaji Ayorinde, S.A.N.,O.F.R., supported by Mr. ‘Tola Oshobi, S.A.N.; Mr. Mutiu Ganiyu; Mr. Folabi Kuti; Dr. Adeoye Adefulu; Chief Chukwudi Adiukwu; Mr. Akin Olagbende; Ms. Asiyah Alao; and Ms. Wola Joseph.

Most importantly, all this would not have been possible without the foundation of the parent Law Firm, Probitas Partners LLP, that was built with my Co-founder and Partner, Mr. Kazim Yusuf. And, guided by an exceptional Advisory Board led by Engr. Vincent Maduka, FNSE, O.F.R., and supported by Arc. Tayo Babalakin and Mrs. Dayo Oluwole. We cannot thank them enough. Lastly, I remain indebted to my late Mother, Mrs. Wakilat Adebimpe Irokosu, for the pain and joy of my birth and upbringing. And, the exceptional support, guidance, belief and confidence reposed and instilled in me.

Format and features

This publication, with profound reverence to all other existing Law Reports, is unparalleled in terms of its quality and is intended to provide a plethora of relevant authorities in the electric power sector unavailable in any other Report.

This Report contains an exact reproduction of judgments of the courts/panels; detailed analysis of facts, issues, subject-matter, and the courts/panels’ findings in each case. It is essential to state that in examining the issues, a special method was adopted in analysing the judgment of the courts/panels to shed light on the rationale of the court/ panel in reaching its decision.

To ensure fast and easy access to accurate information on the issues adjudicated upon by the courts/panels and to ensure that this law report is a veritable research tool for legal practitioners, investors, regulators, practitioners in the electric power sector and other researchers, an index containing a plethora of subject matter, issues, laws, rules, regulations, books, in every report was provided.

It gives us immense pleasure to have been able to produce a report with this level of quality. We hope you enjoy reading the Electricity Law Reports as much as we enjoyed putting it together.

Thank you.

'Wale Irokosu
Editor-in-Chief