Following the amendment to the Constitution of the Federal Republic of Nigeria 1999 in March 2023, the Electricity Act 2023 (the “EA”) was enacted in June 2023 to expressly provide for the power of states of the Federation “to generate, transmit, and distribute electricity” within their respective territories. The EA sets out the steps for transferring regulatory authority from the National Electricity Regulatory Commission (“NERC”) to relevant state electricity regulatory commissions (“SERCs”), starting with enactment of state electricity laws, establishment of state regulators, and notifying NERC of their readiness to assume power regulations within the states.

This article examines the measures put in place by the NERC in giving effect to the transition provisions of the EA and ensuring compliance by the relevant stakeholders - SERCs and DisCos - with the Transition Orders.

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