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Electricity Act: FOCPEN refutes claim 24 states backtracked on reforms

The Forum of Commissioners for Power and Energy (FOCPEN) has refuted media reports suggesting that some Nigerian states have backtracked on implementing power market reforms following the enactment of the Electricity Act.

In a statement signed by the Chairman of FOCPEN and Commissioner for Power and Renewable Energy in Cross River State, Prince Eka Williams, and the Acting Secretary of FOCPEN and Commissioner for Rural and Energy Development in Kogi State, Engr. Mohammed Ihiezue Abdulmutalib, the forum described the report published by The Guardian on September 23, 2025, as “erroneous, inaccurate, and does not reflect the true position and progress of Nigeria’s States.” 

According to the statement, the publication had alleged that 24 states were reconsidering their participation in electricity market reforms due to tariff uncertainties and debt exposure.

FOCPEN dismissed the claim, insisting that no state has reversed or withdrawn its commitment to power sector reforms.

“Contrary to the impression created, no State has withdrawn or reversed its commitment to electricity market reforms. On the contrary, more States are actively engaging with the opportunities provided under the Electricity Act and are at different stages of legislation, regulatory formation, and market design,” FOCPEN said.

FOCPEN further emphasized that the ongoing transformation of Nigeria’s power sector is a gradual and structured process aimed at improving efficiency, ensuring accountability, and delivering a reliable power supply to citizens.

“The transformation of Nigeria’s electricity sector is a journey, not an event. FOCPEN and its member States remain fully committed to delivering on the promise of the Electricity Act, ensuring that the gains of decentralisation translate into reliable power supply, improved governance, and greater access for all Nigerians. We call on stakeholders and the media to report developments responsibly, reflecting the true progress and growing enthusiasm across Nigeria’s subnational governments,” the statement added.

They also reaffirmed FOCPEN’s readiness to continue partnering with the Federal Ministry of Power, the Nigerian Electricity Regulatory Commission (NERC), development partners, and private investors to strengthen technical capacity, expand rural electrification, and promote renewable energy solutions across the federation.

In June 2023, President Bola Tinubu signed the Electricity Act 2023 into law, repealing the Electric Power Sector Reform Act, 2005.

This Act decentralizes the power sector, giving states authority to regulate electricity within their territories.

Twenty-three states have already passed enabling laws to establish their electricity markets.

Fourteen states now have formal NERC transfers of regulatory oversight.

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