Decentralising Power: President Tinubu’s Electricity Act 2023 And The Shifting Responsibility To State Governors

In a decisive move shortly after assuming office, President Bola Ahmed Tinubu signed the Electricity Act 2023 into law on 9 June 2023 barely ten days after his inauguration on 29 May 2023. This landmark legislation repealed the Electric Power Sector Reform Act of 2005 and fundamentally altered the governance of Nigeria’s electricity sector by removing electricity from the Exclusive Legislative List of the Constitution. States now possess the constitutional authority to generate, transmit, distribute, and regulate power within their territories.beb282

Dr. Ayobami Lam Adesina, a governorship aspirant in Oyo State and son of the late former Governor Lam Adesina, aptly captured the essence of this reform. He observed that the responsibility for electricity provision no longer rests primarily with the federal government but has shifted squarely to state governors. The President, by signing the Act so early in his administration, provided the legal and institutional framework; it is now incumbent upon governors to translate this opportunity into tangible improvements in power supply.

The Electricity Act 2023, along with subsequent amendments, empowers states to enact their own electricity laws, establish independent regulatory bodies, license private investors for power projects (including mini-grids and embedded generation), and even ring-fence areas for dedicated supply outside the national grid. The Nigerian Electricity Regulatory Commission (NERC) is required to transfer oversight to any state that meets the stipulated conditions, including the passage of enabling legislation and the creation of a state electricity regulatory authority.

President Tinubu has consistently articulated the vision behind this reform. Upon assenting to related amendments, he stated that the law “marks a new era in Nigeria’s energy sector,” emphasising that states now hold the authority to deliver stable and efficient electricity, thereby fostering industrialisation, job creation, and economic growth. In broader addresses, the President has acknowledged public concerns about power supply while reaffirming his administration’s commitment to sector-wide improvements through grid enhancements and renewable initiatives, even as states assume greater responsibility. Several proactive states have already begun to harness the opportunities created by the Act, demonstrating measurable progress:

In Abia State, Governor Alex Otti signed the Abia State Electricity Law 2025 in March 2025 and established the Abia State Electricity Regulatory Authority (ASERA). NERC formally transferred full regulatory oversight to ASERA with effect from 24 December 2025. Building on the existing Geometric Power project in the Aba ring-fence which serves multiple local government areas the state is advancing plans to extend reliable supply to Umuahia and other regions. Governor Otti has highlighted partnerships aimed at ending irregular power supply, with the state exploring ways to wheel excess capacity and reduce dependence on the national grid.

Enugu State enacted its electricity law in 2023 and established the Enugu Electricity Regulatory Commission (EERC). The Commission has since assumed full regulatory oversight and, in March 2026, issued a 20-year distribution licence to MainPower Electricity Distribution Limited, the first such licence under the state regime. This move strengthens local control over distribution infrastructure and paves the way for improved service delivery across the state.

Ekiti State has similarly passed its electricity law and set up the Ekiti State Electricity Regulatory Bureau. Following the transfer of oversight from NERC, the state has invested over ₦4 billion in power infrastructure. Notable achievements include the restoration of electricity to communities such as Aiyekire, which had been without power for over a decade. Governor Biodun Oyebanji’s administration has also partnered with the Rural Electrification Agency to accelerate off-grid solutions in underserved areas, underscoring a commitment to both grid reinforcement and renewable alternatives.

As of early 2026, reports indicate that over 20 states have enacted electricity laws, with more than a dozen including Enugu, Ekiti, Ondo, Imo, Oyo, Edo, and others having secured or advanced the transfer of regulatory oversight from NERC. At least four states (Enugu, Ekiti, Ondo, and Imo) had completed full transfers by early 2025, while others continue to progress toward operational autonomy.

President Tinubu’s early signing of the Electricity Act represents a foundational reform that decentralises power sector governance in line with federalism principles. By empowering states, the federal government has created an enabling environment for competition, private investment, and localised solutions tailored to regional needs. While federal support continues through national grid upgrades and policy initiatives, the onus now lies with state governors to drive implementation.

As Dr. Ayobami Lam Adesina rightly noted, Nigerians should hold their respective governors accountable for delivering reliable electricity. The proactive efforts in states such as Abia, Enugu, and Ekiti illustrate what is possible when leadership seizes the opportunities provided by the Act. For Nigeria to overcome its longstanding power challenges, more states must follow suit, leveraging the decentralised framework to attract investment, expand generation capacity, and ensure sustainable electricity access for citizens. This reform underscores a clear division of responsibilities: the federal government has provided the legal architecture; visionary state leadership must now deliver the light.

Dr. Gidado Abdulkarim Salimon writes from No 1b Halal Street Daudu Islamic Village, Ilorin kwara state.