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American Journal of  
Environment and Climate (AJEC)

Electricity Generation and Renewable Energy Policy in Nigeria: Resolving 
the Regulatory Challenges

Ayoyemi Lawal-Arowolo1*, Tayo Douglas1

Volume 1 Issue 1, Year 2022
ISSN: 2832-403X (Online)

DOI: https://doi.org/10.54536/ajec.v1i1.258
https://journals.e-palli.com/home/index.php/ajec

Article Information ABSTRACT

Received: May 09, 2022

Accepted: May 22, 2022

Published: May 27, 2022

Since the 1960s, inadequate electricity generation has been the bane of  economic 
developments in Nigeria. The introduction of  reforms and policies in the electricity sector, 
for the purposes of  exploring renewable energy in electricity generation, is yet to bring about 
increased electricity generation. This paper examines the challenges of  renewable electricity 
in Nigeria from the regulatory perspective. Studies have shown that the failure of  Nigeria 
to have a regulator specifically for renewable energy is closely linked with the history of  
electricity generation in Nigeria. Till date, Nigeria does not have a regulator with specific 
mandates for the development of  renewable energy even though there are many regulators 
with overlap of  functions over the development of  renewable electricity. Moreover, the 
power of  the Nigerian Electricity Regulatory Commission over the promotion of  renewable 
energy is limited to renewable technologies of  certain capacities. This paper will analyse 
the history of  electricity generation in Nigeria in the context of  the law and the policy 
to ascertain how the country has approached the development of  renewable energy for 
electricity generation. The aim is to identify regulatory impediments to the development of  
renewable electricity from the law and the policy in Nigeria. Recommendations will be made 
for the establishment of  a renewable electricity regulator independent of  the existing bodies. 
It is the position of  this paper that in the absence of  specific provisions mandating the 
electricity regulator to develop renewable energy for electricity generation, the contribution 
of  renewable energy to electricity generation in Nigeria will remain marginal.

Keywords
Electricity Generation, Electricity 
Regulation, Energy Policy, 
Renewable Electricity and 
Renewable Energy.

1 School of  Legal and Security Studies, Babcock University, Ilishan-Remo, Nigeria. 
* Corresponding author’s e-mail: arowoloa@babcock.edu.ng

INTRODUCTION
With a population of  over 200 million, and the projection 
that the population will be over 267 million by 2030, 
Nigeria is unarguably one of  the most populous countries 
in Africa (National Council on Powera, 2016). On the 
economic front, Nigeria has one of  the largest economies 
in Africa (International Monetary Fund, 2017).  Nigeria is 
also blessed with abundant energy resources in quantities 
that are sufficient to make the country one of  the largest 
economies in the world. Ironically, electricity generation 
in Nigeria has not supported the country’s population 
and economic growth. The rate of  electricity access is 
about 62% comprising of  91% access in urban areas and 
30% access rate by the rural population (Varella, 2021). 
The challenge of  power supply in Nigeria is twofold – 
insufficient generation and poor transmission network.
Nigeria is struggling to generate sufficient megawatt 
of  electricity, and this has been the bane of  Nigeria’s 
economic development for decades. While the average 
demand for electricity in Nigeria is said to be above 
25,000 MW, with a projection that this will increase to 
40,000 MW by 2030, the total installed electricity capacity 
in Nigeria is currently is barely above 12,000 MW (Amadi, 
2021).   The 12,000 MW installed electricity generation 
capacity, the bulk of  which is based on on-grid supply, 
comprised of  10,592 MW and 1,930 MW from gas-fired 
plants and hydro plants respectively (Advisory Power 
Teama, 2015).  The average electricity generation at peak 
period is 4,810 MW, and the bulk of  which is lost during 
transmission (Adeoba, 2016). The sad reality about 

electricity generation is that even if  Nigeria generates 
at full capacity of  the current installed capacity, the 
available electricity will still not be sufficient to address 
the challenges of  electricity generation given that the total 
installed megawatt is grossly inadequate compared to the 
demand (Energy Commission of  Nigeria, 2015).
The other leg of  the challenge is inefficient transmission 
and distribution system caused by reliance on old and 
outdated transmission network. Electricity transmission 
network in Nigeria consists of  5,523.8 km of  330 KV 
and 6,801.49 km of  132 KV. Apart from the fact that 
the transmissions lines do not cover all parts of  the 
country, the transmission lines are old and require high 
maintenance costs (KPMG Nigeria, 2016). Electricity 
supply is transmitted over these old and outdated 
transmission lines thereby resulting in the lost of  the 
bulk of  the electricity (Ohajianya, Abumere, Owate and 
Osarolube, 2014).
The state of  the electricity generation is a direct opposite 
of  the available energy resources in Nigeria. Nigeria 
is richly endowed with energy resources (natural gas, 
crude oil, biomass, solar, small hydro and wind). The 
resources exist in quantity that is sufficient to address 
the power situation and transform the country. Despite 
the abundance of  different energy resources, electricity 
generation in Nigeria is dominated by gas and hydro 
(Advisory Power Teamb, 2015). In fact, electricity from 
gas-powered plants accounts for more than 80% of  
electricity generation (Kukoyi and Esan, 2018). Frequent 
disruption in gas supply has affected the ability of  the gas-

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powered plants to deliver at maximum capacity (Nigeria 
Bulk Electricity Tradinga, 2016).  On many occasions, 
the fluctuation in gas supply has caused the country 
to rely on hydropower alone (Nigeria Bulk Electricity 
Tradingb, 2016). The spate of  insecurity in southern 
parts of  Nigeria, which has defied any viable solution 
for now, has further compounded the challenges of  gas-
based electricity generation in Nigeria. The challenge 
of  gas-based electricity ‘has underscored concerns 
about Nigeria’s energy security and served as a constant 
reminder of  the need to diversify the country’s energy 
mix (Dalberg Global Development Advisors, 2017)a.
The quest to address the challenges of  electricity 
generation and supply informed the policy change in 
favour of  renewable electricity. By the policy Nigeria 
will pursue the inclusion of  electricity generation from 
renewable energy sources in the electricity mix. The 
pursuit of  electricity from renewable energy source is 
also based on the global paradigm shift towards a low-
carbon energy source. So, for a country like Nigeria 
where fossil based electricity dominates, the global shift 
towards renewable electricity is also an opportunity to 
address climate change. The idea is that electricity from 
renewable source will not only lead to increased electricity 
generation but also help in addressing the challenge of  
electricity distribution network. Nigeria recognises 
renewable-sourced electricity as key to solving the 
country’s power deficit in the country (National Council 
on Powerb, 2016). Moreover, electricity generation from 
renewable energy has been identified as key to addressing 
environmental and climate concerns. 
The FGN has, in recent years, focused on the development 
of  renewable energy for electricity generation. This has 
led to the introduction of  policies and regulatory supports 
aimed at promoting renewable electricity generation. On 
the policy front, the National Energy Policy (“NEP”) is 
the main enabler of  renewable electricity generation in 
Nigeria. The NEP provides the policy framework for 
exploiting Nigeria’s renewable energy resources. The 
policy trust of  the NEP is the optimal utilisation of  
energy resources for sustainable electricity generation. 
Since the approval of  the NEP, the policy landscape 
for renewable electricity has continued to evolve. Other 
policy documents have been approved to provide 
additional guidance for the development renewable 
electricity in Nigeria. Among the policy documents, the 
2006 Renewable Electricity Policy Guideline and, the 
2015 National Renewable Energy and Energy Efficiency 
Policy are relevant to the discussions in this article.
The enactment of  the Electric Power Sector Reform Act 
(“EPSR Act”) serves as a boost to the policy framework. 
Although the EPSR Act was enacted to provide 
legislative support for the electricity sector reform at the 
time, the Act has nevertheless provided legal support for 
the promotion and development of  renewable energy 
for electricity generation. Like the NEP, the EPSR Act 
enjoins the Nigerian Electricity Regulatory Commission 
(NERC) to ensure access to reliable and secure electricity 

in urban and rural areas (EPSR Act, 2005)a.  In addition 
to the policy intervention, the Federal Government of  
Nigeria (FGN) has introduced a number of  instruments, 
which are geared towards the promotion of  electricity 
generation from renewable energy. The FGN has 
introduced a standard power purchase agreement (PPA) 
to incentivise renewable electricity. The FGN has signed 
a number of  PPAs with electricity generators in a bid 
to drive renewable electricity especially off-grid solar 
projects.
Despite the paradigm shift and the policy interventions 
to drive renewable electricity generation, electricity 
generation from renewable energy in Nigeria remains 
marginal. The regulatory framework is yet to advance 
the development of  renewable electricity. The hope of  
deploying renewable electricity to address the challenges 
of  electricity generation and supply is fading by the day 
in view of  the insignificant contribution of  renewable 
electricity to the electricity mix. 
The aims and objectives of  this paper are briefly as follow:

(a) To review the status of  energy resources and 
electricity generation in Nigeria.

(b) Investigate the adequacy of  the existing regulatory 
frameworks on renewable electricity in Nigeria.

(c) Identify and analyse the challenges of  renewable 
electricity in Nigeria from the regulatory perspective.

(d) Suggest a proposal for reforms.
Renewable electricity in this context means electricity 
generation from renewable or alternative energy sources, 
both on-grid and off-grid electricity generation.
This article is divided into six (6) parts. Part 1, this 
introduction, sets the context for regulatory challenges 
to renewable electricity in Nigeria. Part 2 discusses the 
research methodology and theoretical framework which 
informed the conceptual design of  this paper. In part 
3, this article undertakes historical analysis of  electricity 
generation and regulation in Nigeria. In this part, this 
article will analyse the sources of  electricity generation in 
Nigeria from inception, and how Nigeria has approached 
the development of  renewable electricity. Part 4 will 
consider the policy and legal frameworks for renewable 
electricity in Nigeria. Specifically, this article will analyse 
the National Energy Policy and the National Renewable 
Energy and Energy Efficiency Policy for the purposes 
of  understanding the policy shift in favour of  renewable 
electricity. The work of  some players whose works 
impact on renewable energy will also be considered. Part 
5 analyses regulatory challenges to renewable electricity, 
while Part 6 concludes with key recommendation on the 
development of  renewable electricity in Nigeria.

METHODOLOGY AND THEORETICAL 
FRAMEWORK
Methodology
In order that the aims and objectives of  this paper are 
achieved, this study adopts a doctrinal approach. This 
procedure or technique becomes imperative because the 
parapet of  this exercise is to investigate the regulatory 

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frameworks that are put in place for the administration 
of  renewable electricity in Nigeria. One certain and 
dependable way by which a law can be understood is 
to examine the peer-reviewed literatures (Langbrook 
et al, 2017). It is after investigation of  the regulatory 
frameworks and other existing materials that a researcher 
is able to make assertion, proffer opinion and put forward 
his suggestions (Hoecke, 2015). 
In order to get to the depth of  methodology adopted for 
the conduct of  this research, doctrinal materials relevant 
to the theme of  this paper are gathered from primary and 
secondary sources. Statutes, Conventions and Protocols 
that are reviewed in this paper are derived from the 
primary source while journals, books, periodicals, manuals 
and articles that are as well examined are obtained from 
secondary source. The use of  internet, library and other 
educational media were also engaged to be able to access 
all relevant materials that are gathered for the production 
of  this work.
Theoretical Framework
The configuration and outline design of  this paper is 
illuminated by Resource Curse Theory. It was Richard 
Auty who propounded or set forth this theory in the early 
90s and its turning point is centered on why countries 
that are highly blessed with abundant natural resources 
are the most suffering economic adversity (Kova, 2017)
a. In other words, this theory postulates that countries 
that are highly endowed with enormous natural resources 
always have nothing to show for such endowment (Ross, 
2015). In a nutshell, the propagation of  Resource Curse 
theory is that if  a country is not to be entrapped by 
underdevelopment despite abundant natural resources at 
his control, then there is cogent need for such country to 
deploy an adequate legislation and sufficient policy which 
are to aid and assist in the use and development of  its 
natural resources (Olujobi, 2020).   
In spite of  this theory’s exposition, there are still 
criticisms trailing its concept. Phloeg (2011), posits that 
Resource Curse theory should not create the assumption 
that all countries of  the world which have abundant 
natural resources do suffer underdevelopment despite 
having what it takes to develop their economies. In trying 
to justify his submission, this researcher cited Norway, 
Bostwana and Chile as countries with abundant natural 
resources as well as robust economies. It is the conclusion 
of  this researcher that Resource Curse theory is fallacious 
and deceptive. In another stretch, Stevens, Lahn and 
Kooroshy (2015), asserts that the theory has failed to 
investigate individual country and the circumstances 
surrounding the development of  its economy. In that 
regard, these writers conclude that the theory may have 
to contend with large-scale affairmation.  
Nevertheless and notwithstanding the criticisms, it 
would however appear that the Resource Curse theory 
is relevant to the economic status of  many countries of  
the world and in particular the developing countries of  
which Nigeria is notably one. In summing up on how 
this theory has helped  to fortify the structure of  this 

paper, it is imperative that one should review the theory’s 
postulation on the necessity of  engaging the laws and 
policies to fine tune the country’s development of  its 
natural resources. Nigeria is richly blessed with renewable 
energy resources and despite the fact, its renewable 
electricity sub-sector is abysmally not developed. There 
is energy poverty in the country and renewable energy 
resources are yet to be exploited or developed to shore 
up the electricity generation content. In order that the 
country must overcome these challenges, Resource Curse 
theory dictates that Nigeria must put in place sufficient 
and adequate regulatory frameworks to quicken the use 
and development of  its renewable electricity resources.
Availability of  sound legal framework and competent 
policy on the regulation and control of  renewable 
electricity industry is a panacea to the series of  challenges 
inhibiting development of  the sub-sector (Kovab, 2017).

DISCUSSION 
Energy Resources and Electricity Generation in 
Nigeria
Nigeria is blessed with renewable and non-renewable 
energy resources. With proven oil reserves of  over 37 
billion barrels and natural gas in excess of  187 trillion 
cubic feet, Nigeria is one of  the oil-rich countries in 
the world. Nigeria also boasts of  commercially viable 
renewable energy resources (that is, solar, biomass, small 
hydro, wind and tidal). The renewable energy resources 
exist in quantity that can be exploited to generate sufficient 
megawatts of  electricity (Federal Ministry of  Power, 
2015). From about 1% of  land areas, for instance, solar 
energy in Nigeria can generate 36,000 MW (Oyedepo 
et al, 2018). Nigeria’s solar radiation is in the average of  
3.5-7kmhm per day (Shaaban and Petinrin, 2014). The 
rate of  solar radiation is even higher in the northern 
part of  the country. The 36,000 MW from solar energy 
alone is far higher from the total megawatts of  electricity 
from all the electricity plants in Nigeria. Wind energy is 
another renewable energy resource with high potential 
for electricity generation in Nigeria. In the South, the 
average wind speed is between 1.4m/s and 3.0m/s while 
in the North it ranges from 4.0m/s to 5.12m/s (Agbetuyi, 
Abdulkareem and Awosope, 2012). Nigeria is also blessed 
with small hydro resource, and this energy resource 
available in nearly every part of  the country. The Nigeria’s 
small hydro potential is estimated at 3,500 MW (National 
Planning Commissiona, 2009). 
In addition to having the potentials to boost the installed 
electricity capacity, electricity technologies that rely 
on renewable energy offer opportunity for electricity 
distribution that is independent of  the grid network. 
Globally, the use of  off-grid renewable energy such as 
solar PV, micro grids and standalone systems has been 
providing stable and cost-effective power supply that 
does not rely on the grid network (Tester et al, 2012).  
According to Nagpal & Parajuli (2019):
Off-grid renewable energy systems have the ability 
to deliver secure and affordable electricity to rural 

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communities all over the world, and are important in 
breaking a cycle of  energy poverty that has affected the 
socio-economic progress of  millions of  people’. 
Nigeria has failed to take the opportunities of  the 
country’s rich renewable energy resources to address the 
challenges. The failure to develop the renewable energy 
can be traced to the history of  electricity generation which 
has evolved on the strength of  fossil energy. Nigeria has 
set ambitious targets for renewable electricity, that is, 
increased availability of  energy, improved energy access 
and sustainability of  the environment (Ebii, 2019).  The 
setting of  targets for renewable electricity has, however, 
not changed the electricity situation in the country. The 
failure of  Nigeria to really develop renewable electricity 
generation can be traced to the early history of  electricity 
generation and distribution in Nigeria.
The Nigeria Electricity Supply Company (NESCO), the 
first electricity utility company in Nigeria, was established 
in 1929. NESCO, a British-owned company and the first 
independent power producer in Nigeria, was created 
purposely to provide electricity generation and supply 
services to some parts of  Nigeria (Federal Ministry of  
Power & Steela, 2006). The creation of  NESCO took 
place about three decades after the installation of  the first 
electricity plant in Lagos by the British (Aladejarea, 2014). 
Few years after its establishment, NESCO’s power-
generating plants increased to six comprised of  one diesel 
and five hydroelectric plants. The six electricity generation 
plants were deployed to serve only the tin industry and 
the Jos environs (Audu, 2020). Prior to the establishment 
of  NESCO, Nigeria had in 1923 commissioned the 
Nigerian Power and Tin Fields with a 2 MW hydro-
electricity capacity plant in Jos. In 1930 NESCO took 
over control of  the Nigerian Power and Tin Fields hydro-
electricity plant (Federal Ministry of  Power & Steel, 2006)
b. Later in 1946, Nigeria welcomes the creation of  the 
Public Works Department, a government department in 
charge of  management and operation of  electricity plants 
across Nigeria. The Nigerian Government Electricity 
Undertaking (“NGEU”) later took over the operation 
and management of  electricity plants from Public Works 
Department following the creation of  NGEU as an 
arm of  the Public Works Department (Olaoye, 2014). 
The Public Works Department, the NESCO and the 
Native Authority were granted licence to generate and 
distribute electricity. While the Public Works Department 
was responsible for electricity generation in Lagos State, 
NESCO and the Native Authority were responsible 
for electricity generation in other parts of  the country 
(Aladejareb, 2014).  
In 1950, and pursuant to the 1950 Electricity Corporation 
of  Nigeria Ordinance No. 15, Nigeria established the 
Electricity Corporation of  Nigeria. The Electricity 
Corporation Nigeria harmonised the electricity structure 
in the country, and integrated the electricity infrastructure 
into what is now referred to as the national grid 
(Awosopea, 2014). The Ordinance did not provide for 
guidance on electricity expansion in the country. So, the 

Electricity Corporation of  Nigeria was unable to extend 
the electricity infrastructure at the time to cover parts 
of  the country that were without electricity before the 
harmonisation. As a result, there was lopsidedness in the 
electricity architecture of  the country as between urban 
and the rural areas. To the present day the inequality in 
the architectural platform of  the national grid continues 
to exist in Nigeria (Awosopeb, 2014).
The effort by the government to improve the electricity 
situation of  the country eventually led to the creation of  
the Niger Dams Authority in 1962, and the construction 
of  Kainji Dam (the first hydro dam) in the same 
year (Zarmaa, 2006).  The Niger Dam Authority was 
responsible for the development of  hydro-electricity 
generation as well as the construction and maintenance 
of  dams on the River Niger (Zarmab, 2006).  Based 
on the existing structure, the Niger Dam Authority 
would generate electricity and later sell to the Electricity 
Corporation of  Nigeria for distribution. In June 1972, 
Nigeria created the National Electric Power Authority 
(NEPA) pursuant to Decree No. 24 by merging the 
Electricity Corporation of  Nigeria and the Niger Dam 
Authority (Amadia, 2018). The merger aimed at ensuring 
that a single body undertook electricity generation and 
distribution functions in Nigeria (Amadib, 2018). The 
creation of  NEPA as well as the monopoly it was granted 
could not, however, deliver the anticipated change in the 
electricity sector given that the gap between the demand 
and supply for electricity persisted. Furthermore, NEPA 
was unable to address the inequality in electricity access 
that existed between urban and the rural population 
prior to that time. The focus of  the Ordinance and the 
Decree No. 24, under which NEPA was created, was the 
development of  hydro electricity. It is also important 
to know that the creation of  the NEPA did not affect 
the operation of  NESCO. Based on the NESCO’s track 
record, the FGN permitted NESCO to continue to 
operate independent of  the NEPA (Anyaogu, 2018). 
Up to this time, there is no legislative provision on the 
use and development of  renewable energy resources for 
electricity generation. Electricity generation at that time 
was mainly from hydro and coals. The switch by Nigeria 
to a predominantly gas-based electricity generation could 
also not address the electricity challenges in the country 
(Emodi, 2016). 
By the early 1980s, the pursuit of  sustainable and clean 
electricity had assumed a central role in the Nigeria’s 
quest to drive economic development. Nigeria opted for 
diversification of  the country’s energy base, including 
electricity generation, to include renewable energy (United 
Nations, 1981)a. Among other things, Nigeria considered 
the need to generate electricity from renewable sources. 
The proposed policy shift aimed at exploring biomass 
(mainly crops and wood plantation), hydro and solar 
energy for electricity generation (United Nations, 1981)
b. The proposed approach to electricity generation was 
based on the understanding that electricity technologies 
based on renewable energy was capable of  addressing 

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the challenges of  energy security as well as unreliable 
supply system (Energy Commission of  Nigeria, 2003)a. 
In 1984, there was an attempt by the FGN to produce a 
draft energy policy guideline through the Federal Ministry 
of  Science and Technology to drive the policy change, 
but this did not materialize (Energy Commission of  
Nigeria, 2003)b. So, the proposed renewable electricity 
generation could not be pursued due to the absence of  a 
policy framework. The search for a policy framework for 
renewable electricity continued until the year 2003.
Regulatory Frameworks for Renewable Electricity
Policy Framework
The policy landscape for renewable electricity evolved 
with the approval of  the National Energy Policy in 2003 
(and later revised in 2013). It is the first comprehensive and 
all-sector energy policy that focuses on sustainable use of  
energy resources in Nigeria. As a panacea to the electricity 
challenges in the country, the NEP emphasises the need 
for Nigeria to engage in optimal use of  energy resources 
(Energy Commission of  Nigeria, 2003)c. One of  the 
policy planks of  the NEP is the expansion of  electricity 
generation sources in Nigeria to include renewable energy 
resources, which the country has in abundance (Energy 
Commission of  Nigeria, 2003)d. Among other things, the 
NEP seeks to promote sustainable and environmentally 
friendly electricity generation and supply both on-grid 
and off-grid ((Energy Commission of  Nigeria, 2014). 
The NEP further sets out the long-term objectives for 
sustainable development and use of  renewable energy for 
electricity generation (National Planning Commission, 
2009)b. Off-grid renewable electricity generation will 
permit the adoption of  decentralised power system. The 
decentralised electricity option is a plus to Nigeria; this 
will enable government to provide electricity access in 
areas that are not connected to the grid (Iwayemi et al, 
2014). It is beyond doubt that adoption of  renewable 
electricity technologies such as solar, micro grids and 
standalone system is key to addressing the challenges of  
grid network (UNDESA, 2014). 
Since the introduction of  the NEP, successive policy 
documents in Nigeria have tried to incorporate the NEP’s 
long-term objectives on the use of  renewable energy 
for a diversified electricity mix (Energy Commission of  
Nigeria, 2003)e. Two of  the policy documents, that is, the 
2006 Renewable Energy Policy Guidelines (REPG) and 
the NREEEP, are relevant to the discussions here. The 
REPG and the NREEEP have as one of  their respective 
objectives the use of  renewable energy for electricity 
generation.
The REPG sets out the FGN’s objectives for the 
development of  renewable energy for electricity 
generation and distribution. Through the REPG, Nigeria 
plans to increase the share of  electricity generation 
from renewable energy for sustainable development in 
the country (Federal Ministry of  Power & Steel 2006)
c.  According to the REPG, continued reliance on fossil 
fuel for electricity generation, and the expansion of  the 
grid network cannot solve the challenges of  electricity 

generation in Nigeria. The REPG then enjoins the FGN 
to actively pursue diversification of  electricity generation 
source to include renewable electricity (Federal Ministry 
of  Power & Steel, 2006d). For the first time, the 
challenges of  power supply in Nigeria are aptly captured 
in a policy document (Federal Ministry of  Power & Steel 
2006)e.  As way of  addressing the power supply situation 
the REPG provides for the setting up of  the Renewable 
Electricity Trust Fund (RETF) (Worika, 2016a). 
Among other things, the RETF will apply to support 
the development of  small-scale renewable energy for 
electricity generation especially in the rural areas (Worika, 
2016)b. In addition to the fund, the REPG aims at 
incentivising the production of  electricity from renewable 
energy through the introduction of  measures such as a 
tax holiday for investors in renewable energy equipment 
(Federal Government of  Nigeria, 2017). There are also 
concessional loans, which will be granted at a rate below 
the prevailing market interest rates (Federal Ministry of  
Power & Steel 2006)f.
Nigeria takes a bold step on the development of  renewable 
energy by approving the National Renewable Energy and 
Energy Efficiency Policy in 2015. The policy trust of  
the NREEEP is the ‘optimal utilization of  the nation’s 
energy resources for sustainable development’ (Federal 
Ministry of  Power, 2015)a. The NREEP sets the pathway 
for power supply to every part of  the country. Electricity 
supply to urban areas will be through grid electricity, while 
rural areas, where there is no grid coverage, will benefit 
from off-grid renewable electricity (Federal Ministry 
of  Power, 2015b). The reliance on grid electricity for 
electricity supply to urban areas is based on the fact that 
there is grid coverage in many parts of  the urban areas. 
The different options for power supply between urban 
and the rural areas shows a clear understand of  one 
of  the challenges of  power supply in Nigeria, and this 
accords with one of  the main objectives of  the NEP. In 
a bid to propel the attainment of  the renewable energy 
objective, the NREEEP sets a 16% renewable energy 
target (Federal Ministry of  Power, 2015c). The NREEEP 
further targets removal of  regulatory and institutional 
barriers to aid the development of  renewable energy. 
The NREEEP identifies the roles of  renewable portfolio 
standard (either voluntary or mandatory), feed-in tariff, 
net-metering, bidding, etc. in incentivising renewable 
electricity (Federal Ministry of  Power, 2015d). 
Legal Framework for Renewable Electricity
The Constitution of  Nigeria is the foundation of  
electricity/energy law in Nigeria. The Constitution 
grants powers over grid electricity to the FGN while the 
powers of  the state governments in Nigeria are limited 
to electricity generation that is not covered by the grid 
(Federal Republic of  Nigeria Constitution 1999). Since 
the commencement of  electricity generation in Nigeria 
there has always been legislation to provide legal backing 
for a system of  electricity generation. The first known 
legislation on electricity in Nigeria was the 1950 Electricity 
Corporation of  Nigeria Ordinance. The Ordinance 

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established the Electricity Corporation of  Nigeria, whose 
work was the regulation of  hydro-based electricity. Later 
in 1972, the federal military government promulgated the 
Decree No. 24 of  I972. The Ordinance and the Decree 
later became acts of  the Parliament as the Electricity Act 
1990 and the National Electric Power Authority Act 1990 
respectively. Up to this period, the focus of  the electricity 
legislation was on the development of  hydro electricity. 
So, there were no provisions either in the Electricity Act 
or the National Electric Power Authority Act to promote 
the development of  renewable electricity. The country 
was close to enacting a law for the regulation of  renewable 
energy in 1979 following the enactment of  the Energy 
Commission of  Nigeria Act (“ECN Act”). While the ECN 
Act targets the development of  alternative energy, there is 
specific provision on how the nation’s renewable energy 
resources can be exploited for electricity generation. The 
Energy Commission of  Nigeria is, however, involved in 
electricity through policy formulation. It is in this context, 
that the Energy Commission of  Nigeria is regarded as 
a body involved in the regulation in Nigeria. There is 
also a department within the Energy Commission of  
Nigeria, the Alternative and New and Renewable Energy 
Department within the Energy Commission of  Nigeria, 
which is saddled with the responsibility of  research in 
alternative energy (Energy Commission of  Nigeria Act, 
1979a).  
Effort is being made to change the nature of  involvement 
of  the Energy Commission of  Nigeria in electricity in 
electricity regulation. There is a proposed bill, the Energy 
Commission of  Nigeria (Amendment) Act, before the 
National Assembly that seeks to amend the ECN Act. 
The proposed amendments seek to, among other things, 
make the ECN Act a truly energy-oriented Act by 
prioritising the promotion and development of  renewable 
energy (ECN Act (Amendment) Bill, 2009a). In addition 
to prioritizing the development of  renewable energy, 
the amendments will grant the Energy Commission of  
Nigeria powers to register and issue licences to operators 
of  private grids for electricity generation below 1 MW 
capacity (ECN Act (Amendment) Bill, 2009b). Until 
the amendments are passed into law, the ECN Act will 
continue to be regarded as not containing provisions on 
electricity regulation, and as such has no bearing on the 
promotion of  renewable electricity generation beyond 
policy formulation.
The search for a law to propel the development of  
renewable electricity continued until 2005 when the EPSR 
Act was passed into law, and has remained the extant law 
on electricity in Nigeria. The EPSR Act targets four areas: 
electricity regulation, policy formulation, restructuring of  
electricity structure and the re-organisation of  the rural 
electrification programme The EPSR Act provided legal 
support for the electricity sector reform in the National 
Electric Power Policy. The Act sets a broad mandate 
for power generation reform and for the regulation of  
the electricity market (Ayanruoh, 2012). The EPSR Act 
introduces a competitive electricity sector by allowing 

private sector participation in core electricity activities. 
It was on the basis of  private sector participation that 
the FGN incorporated the Power Holding Company of  
Nigeria (PHCN) as the successor company to NEPA. 
The FGN later divested its interest in the electricity 
generation and distribution functions by unbundling the 
PHCN to 18 companies comprising of  11 distribution 
companies, 6 generation company and 1 transmission 
company (Amadi, 2018)c. The EPSR Act also seeks to 
reduce electricity generation and transmission losses, 
as well as achieving sustainable cost pricing without 
subsidies (Papaefstratiou, 2019). The FGN, through the 
electricity regulator, has established cost reflective tariffs 
for electricity generation and distribution. In the area 
of  regulation, the EPSR Act establishes the Nigerian 
Electricity Regulatory Commission (NERC) as the 
electricity sector regulator in Nigeria (EPSR Act 2005)b. 
NERC, as the apex electricity regulator, is empowered 
by law to grant or revoke electricity generation and 
distribution licences, permits and tariffs. It is part of  
NERC’s mandates to expand the electricity grid, develop 
isolated mini-grids and promote electricity generation 
from all energy sources (EPSR Act 2005c). Riding on 
the provisions of  the EPSR Act on electricity generation 
sources, NERC has been promoting renewable electricity. 
In accordance with the mandate to boost electricity to 
promote electricity generation, NERC approved the feed-
in tariff  regulations (FiT). FiT is a tariff  structure that 
is specifically designed incentivising renewable electricity. 
A key objective of  the FiT is to attract private investors 
to invest in renewable electricity generation through 
attractive tariffs. The FiT will apply to promote 2,000 MW 
of  renewable electricity from biomass, solar, small hydro 
and wind energy. Although, FiT is a major booster for 
attracting investors to renewable electricity in Nigeria, the 
tariff  structure has its shortcomings. Basically, FiT applies 
only to grid-based electricity, while off-grid renewable 
electricity, being outside the coverage of  the FiT, will have 
to be negotiated on a case-by-case basis with NERC. The 
subsidy structure in the FiT is also not clearly structured 
to actually promote renewable electricity. The subsidy 
does not apply to end-users of  mini-grid electricity with 
less than 1 MW capacity. As a result, there is a disparity 
in the tariffs between urban and the rural areas (Dalberg 
Global Development Advisors, 2017b).
In the area of  mini-grid, NERC has developed a 
framework for the operation and maintenance of  
mini-grids in Nigeria with the approval of  Mini-Grid 
Regulation of  2017. The Regulation targets accelerated 
electrification in unserved and underserved areas. Mini-
grids are key to achieving increased uptake of  renewable 
energy given that the deployment of  mini-grid has aided 
the development of  renewable electricity, especially solar 
power projects, in Nigeria (Esan, Akinola, Onakoya and 
Monnou, 2021a). An important programme in this regard 
is the Nigeria Electrification Programme which targets 
increased electricity access in the rural areas through the 
deployment of  hybrid mini-grids with assistance from the 

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World Bank and the African Development Bank (Esan, 
Akinola, Onakoya and Monnou, 2021b). 
Overall, the promotion of  renewable energy by NERC 
has been in the areas of  FiT and mini-grids. How the 
introduction of  FiT has not really contributed to increased 
uptake of  renewable energy for electricity generation will 
be discussed later in this article.
Renewable Electricity Regulatory Bodies
The regulation of  renewable electricity is not separate 
from the general electricity regulation. As well as the 
NERC there are two other bodies whose works are 
relevant to the regulation of  renewable electricity in 
Nigeria are the Federal Ministry of  Power, Works and 
Housing, the Energy Commission of  Nigeria and the 
Rural Electrification Agency. These bodies will now be 
discussed starting from the ministry.
Federal Ministry of  Power Works and Housing 
(FMPWH)
The FMPWH is the government ministry that is 
administratively saddled with the responsibilities of  
coordinating the power sector. The FMPWH provides 
general policy direction to NERC on the coordination of  
the Nigeria’s electricity sector (EPSR Act 2005d). It is on 
the basis of  the policy direction from the Ministry that 
NERC develops frameworks for promoting electricity 
generation from renewable energy sources. By law, 
NERC is required to submit a report annually about the 
performance of  the electricity sector especially as it relates 
to the competitiveness of  the electricity sector (EPSR Act 
2005e). The ministry has also entered into agreements 
with some companies for the provisions of  solar power. 
In furtherance of  the Ministry’ over policy direction in 
the energy sector, the FMPWH has made some policies 
documents specifically for the development of  renewable 
energy. The ministry also has power of  oversight over the 
rural electrification program. The FMPWH is also taking 
steps to address the electricity challenges in the rural areas 
of  Nigeria. In the performance of  its oversight function 
and the need to address electricity access in the rural 
areas, the FMPWH has approved the rural electrification 
strategy.
Energy Commission of  Nigeria
The Energy Commission of  Nigeria (ECN) was 
established pursuant to the Energy Commission Nigeria 
Act for strategic development of  alternative energy. 
The ECN is responsible for planning, coordinating and 
monitoring of  energy development in Nigeria ((Energy 
Commission of  Nigeria Act, 1979b). By the ECN Act, the 
ECN is obligated to periodically prepare energy master 
plan and advise the Minister to ensure a broad-based 
participation in the energy sector (Energy Commission 
of  Nigeria Act, 1979c). In carrying out the duties of  
planning and coordination, the ECN formulates energy 
policies and makes recommendations to the FGN on the 
development of  alternative energy in Nigeria (Ufondu, 
Ibeku and Obetta, 2019). The involvement of  the ECN in 
electricity has been largely in the area of  policy documents 
(e.g. the National Energy Policy, the Renewable Energy 

Master Plan, etc.).
Renewable Electricity and Regulatory Challenges in 
Nigeria
Looking at the renewable energy potentials and the state 
of  electricity generation in Nigeria, it is undeniable that 
Nigeria is yet to take advantage of  renewable energy in 
electricity generation. The little that Nigeria has achieved 
in renewable electricity is in the area of  off-grid renewable 
electricity (mini-grids, solar PV and standalone systems). 
There are challenges in the development of  renewable 
electricity – absence of  key provisions in the law, lack of  
funding, high initial costs, absence of  technical know-
how, etc. So far, Nigeria has failed to achieve increased 
electricity generation through renewable electricity, and 
there is no evidence that the future targets will be realized 
given that the uptake of  renewable energy has remained 
marginal (Barros, Ibiowie & Managi, 2014). Four points, 
which are regulatory-based, will be discussed here.
First, the regulatory structure in the 1999 Constitution, 
which favours the centralization of  electricity regulation 
to the detriment of  states, constitutes a barrier to the 
development of  renewable electricity. In Nigeria, the 
Constitution recognizes the powers of  the FGN and 
the states over electricity. The extant regulation structure 
does not, however, reflect the constitutional provisions 
which recognize the powers of  the state government 
over off-grid electricity. From the time of  the first utility 
company to the present day Nigeria, electricity regulation 
has always been constituted as a national/federal matter. 
The centralization of  electricity regulation is a challenge 
to the development of  renewable electricity. The country 
has not been able to take into consideration the peculiarity 
of  areas in use of  renewable energy for electricity access 
(Oke, 2017). The peculiarity of  areas has been major 
reason why some areas are connected and some are not, 
and why other are considered not practically possible for 
grid extension.
Second, the NERC’s mandate to generate electricity 
from all sources without creating a special regime for 
renewable electricity is another fundamental regulatory 
challenge to the development of  renewable electricity. 
Globally, electricity from fossil fuel source has dominated 
electricity market for a long time (Wiseman, Grisamer 
& Saunders, 2011). The domination of  fossil-based 
electricity is as a result of  the contribution of  fossil fuels 
to the development of  modern society. As a result of  
the domination by fossil fuels, the practice globally is to 
create a special regime for the development of  renewable 
energy in the area of  access to the grid network (Von 
Danwitz, 2006). Prior to and after Nigeria’s independence 
in 1960, fossil fuels comprising of  hydro, petroleum and 
gas have been the Nigeria’s main sources of  electricity 
generation. NERC later approved the FiT as a means of  
promoting renewable electricity. However, in the EPSR 
Act and the policy, access to grid network by renewable 
electricity is on the non-discriminatory principle (EPSR 
Act 2005f). There is no provision in the law granting 
exception to renewable-sourced electricity in accessing the 

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grid network. It is on the basis of  the non-discriminatory 
principle that the NERC has been regulating the access 
connection of  renewable electricity. This is a major 
challenge given that renewable electricity, which has not 
been fully developed in Nigeria, has to compete with 
fossil-based electricity that has been with us for many 
decades.
Third, the existence of  many bodies is another factor 
that is affecting the development of  renewable electricity. 
The NERC, the Ministry and the ECN exercise powers 
over electricity regulation with no linkages in respect 
of  their respective functions. Each of  these bodies 
has developed one policy document and/or regulation 
for the on renewable electricity (Rural Electrification 
Strategy and Implementation Plan (RESIP) 2016). In 
most cases, these electricity bodies hide under their 
supervisory and oversight functions to provide directions 
on the development of  renewable electricity (ECN Act 
1979d). The challenge of  overlap of  function becomes 
more pronounced in view of  the fact that none of  these 
bodies has a specific mandate to develop the nation’s 
renewable energy for electricity generation. The absence 
of  linkage among the regulators has made it difficult 
for the regulators to come up with framework for large-
scale development of  renewable energy for electricity 
generation. In most cases, the regulators find it difficult 
to effectively articulate the kind of  information that is 
required to unlock the potentials of  renewable energy 
for electricity generation in Nigeria energy unlike what 
is obtained in the other segment of  the energy sector 
(National Planning Commission, 2009c). Effective 
dissemination of  policy is key to promoting the use of  
renewable energy for sustainable. An indication of  this 
situation is aptly captured in the Sustainable Energy for 
All Action Agenda (National Council on Power 2016)c:
There is need for high level executive decision/
policy makers to understand the role of  clean energy 
technologies and sustainable energy policy and planning 
process in the economic and social development of  the 
population. 
Since there are many bodies involved, it is very difficult 
to hold a particular body accountable for the failure of  
renewable electricity.
Lastly, the power of  NERC over renewable electricity 
tariff  does not cover all capacities of  renewable energy 
technologies. In theory, the powers of  NERC over 
electricity tariffs cover all capacities of  renewable 
electricity technologies. However, the reality is that the 
FiT applies only to renewable technology of  1 MW up to 
certain maximum capacities (solar 5 MW, wind 10 MW, 
biomass (10 MW) and small hydro 30 MW) (NERC), and 
not to renewable technology of  capacity below 1 MW 
or above the thresholds in the NERC’s regulation. The 
FiT only provides that renewable technology of  capacity 
below and above the FiT thresholds shall be procured 
by net-metering and competitive bidding respectively 
(NERC 2015a). In cases of  renewable technology of  
capacity below 1 MW, FiT provides that net metering will 

apply (NERC 2015b). A renewable electricity generator 
will have to submit a bid through a process known as 
competitive bidding in cases where the renewable 
technology is above the FiT thresholds (NERC 2015c). 
While NERC appears to have a framework for different 
capacities of  renewable electricity technology, the reality 
is that NERC is yet to develop a framework for other 
technologies as it has done for FiT. Till date, NERC does 
not have a framework for the operation of  net-metering 
and the competitive bidding (Edomah, 2016). So, tariffs 
for renewable electricity of  capacity that is below or above 
the thresholds are usually negotiated on a case-by-case 
basis rather than on a standardised basis (Idemudia & 
Nordstrom, 2016). The failure of  the electricity regulator 
to cover all classes of  renewable technology capacities 
is also a major impediment to the uptake of  renewable 
energy for electricity generation (UNFCC, 2018). The use 
negotiation in fixing the tariffs for technology capacities 
outside the thresholds rather than standardised process 
may lead to arbitrary application of  discretionary powers 
of  NERC.
More so, the FiT applies to grid electricity only, as off-
grid renewable electricity does not fall within the ambit 
of  the regulation. Whereas, off-grid renewable electricity 
is key to addressing the electricity challenges in Nigeria 
particularly the challenge of  non-coverage of  grid 
network. This operates as a limitation to the powers of  
NERC over renewable electricity given that the promotion 
of  off-grid renewable electricity is practically left out.

CONCLUSION 
From the analysis in this article, the electricity situation 
in Nigeria requires a carefully designed approach. In 
view of  the poor state of  electricity generation and 
distribution, what Nigeria needs at this time is an 
aggressive but strategic approach to renewable electricity. 
In view of  this, this paper recommends the inclusion 
of  specific provisions in the law setting out what and 
who should undertake the functions of  developing 
renewable electricity. There is need for Nigeria to have a 
body specifically for renewable electricity apart from the 
existing body. Creating a new body will mean stripping 
the existing bodies of  any duplicated but unproductive 
powers over renewable electricity. While the FMPWH 
and the NERC can retain their respective functions of  
policy formulation and the regulation of  electricity, the 
role of  NERC can be modified to cover monitoring of  
compliance with renewable electricity generation law and 
policy. Another area that also needs be addressed is the 
regulation of  private sector participation in renewable 
electricity generation. This paper recommends that the 
regulation of  renewable electricity should be done in a 
way that will promote more private sector participation 
in renewable electricity generation. This can be achieved 
by having legislation that sets out minimum percentage 
for private sector participation in renewable electricity. 
Meeting or proffering solution to the challenges of  
electricity generation in Nigeria through deployment of  

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renewable electricity will go a long way in addressing 
the Nigeria’s poor rating in electricity generation and 
consumption. For many years, Nigeria is one of  the 
countries ranked globally as countries with the lowest 
electricity access caused by inadequate electricity 
generation and consumption (Banerjee et al, 2017). 
The above recommendations cannot be achieved in the 
absence of  provisions to that effect in the law. While it is 
desirable to amend the EPSR Act, the most prudent option 
is to have a new law that will address all the points raised 
in this article as they relate to way out of  the challenges 
of  renewable electricity generation in Nigeria. Having a 
new law specifically for renewable electricity generation 
will put Nigeria on the path to having increased electricity 
generation from renewable energy.
 
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