The Forum of Commissioners of Power and Energy in Nigeria (FOCPEN) has strongly opposed the proposed amendment of the Electricity Act 2023 by the Senate, warning that the move could reverse recent progress made in decentralising Nigeria’s power sector.

In a statement signed by Prince Eka Williams (Commissioner for Power and Renewable Energy, Cross River State) and Barr Omale Omale (Commissioner for Energy, Benue State), FOCPEN expressed shock over the Senate’s attempt to tinker with a law enacted less than two years ago and already adopted by over 16 states.

“This unexpected legislative move comes at a time when many states are actively operationalising their electricity markets under the new decentralised framework,” the statement read. “It is deeply troubling that such an important amendment was introduced without any consultation with state governments, their commissioners, or electricity regulatory bodies.”

The commissioners described the Electricity Act 2023 as a landmark reform aligned with the Fifth Alteration to the 1999 Constitution, which clarified states’ powers to regulate electricity within their territories. They warned that a sweeping amendment at this early stage of implementation would undermine years of advocacy and technical groundwork.

“It took 18 years to replace the EPSRA 2005 under President Obasanjo. Now, within just two years, the new Act is facing a disruptive amendment—with no consultations. This undermines the spirit of cooperative federalism and could derail decentralisation efforts,” FOCPEN cautioned.

They urged the Senate to halt the amendment process and allow the 2023 Act to be fully implemented and reviewed in due course, based on proper impact assessment and stakeholder input.