States Cry Foul as Senate Moves to Rewrite Tinubu’s Power Reform

In a bold pushback against the National Assembly, Nigeria’s Forum of Commissioners of Power and Energy (FOCPEN) has condemned the Senate’s m...

In a bold pushback against the National Assembly, Nigeria’s Forum of Commissioners of Power and Energy (FOCPEN) has condemned the Senate’s move to amend the Electricity Act of 2023 — barely two years after it became law.

Describing the move as “premature” and “destructive,” the state power chiefs accused lawmakers of plotting to derail the progress made under President Bola Tinubu’s flagship power reforms, warning it could cripple the momentum of decentralised electricity markets already embraced by over 16 states.

The commissioners also slammed the Senate for allegedly excluding state governments from the amendment process, calling it a “betrayal of cooperative federalism.”

The controversial amendment bill, which recently passed second reading, has set the stage for a fresh power tussle between Abuja and the states over control of Nigeria’s energy future.

State Power Commissioners Slam Senate Over Move to Amend Electricity Act

The Forum of Commissioners of Power and Energy in Nigeria (FOCPEN) has voiced strong opposition to the proposed amendment of the Electricity Act of 2023, warning that it threatens to disrupt the progress made in decentralising Nigeria’s power sector.

The Senate recently passed the Electricity Act (Amendment) Bill, 2025 for second reading, kickstarting efforts to overhaul the landmark law signed into law less than two years ago.

In a joint statement signed by FOCPEN chairman, Prince Eka Williams, and secretary, Omale Omale, the forum expressed shock that lawmakers were already considering major changes to a law that has been embraced by over 16 states.

Williams, who serves as the Commissioner for Power and Renewable Energy in Cross River State, alongside Omale, his counterpart from Benue State, accused the Senate of sidelining state governments during the drafting process.

“This sudden legislative action comes barely two years after the landmark Electricity Act 2023 was signed into law,” the statement read. “Since then, many states have been building their own electricity markets within the framework of decentralisation.”

FOCPEN highlighted that over 16 states have enacted their own electricity laws under the new system since 2023, a reform regarded as a signature achievement of President Bola Ahmed Tinubu’s administration.

The group lamented the lack of consultation with state governments, power commissioners, and local electricity regulators before the proposed changes were tabled at the Senate.

“This omission is worrying given the significant strides already made in decentralising Nigeria’s power sector,” they stated.

FOCPEN warned that the move could derail recent progress and reverse gains achieved through the constitutional amendment that empowered states to legislate and regulate their own electricity markets.

“The Senate’s decision to push for sweeping amendments without stakeholder engagement undermines the principle of cooperative federalism and could cripple early progress in the sector,” the statement concluded.

The association insisted that any amendment to the Electricity Act at this early stage is premature, stressing that proper implementation of the current law has only just begun.