
Abuja, Nigeria – In a significant ruling that clarifies the intricate layers of electricity regulation in Nigeria, the Nigerian Electricity Regulatory Commission (NERC) has decisively stated that the Enugu Electricity Regulatory Commission (EERC) does not possess the authority to unilaterally determine electricity tariffs for power generated from and transmitted through the national grid. This pronouncement underscores NERC’s overarching mandate as the principal regulator of the Nigerian electricity supply industry.

The crux of NERC’s ruling lies in the fundamental principle that electricity sourced from the national grid falls under the purview of a centralized regulatory framework. The generation, transmission, and inter-state distribution of electricity are complex processes that require a unified approach to pricing to ensure stability, fairness, and the economic viability of the entire power sector. Allowing individual state-level commissions to set prices for grid-supplied electricity would lead to fragmentation, potential inconsistencies in tariffs across different regions, and could undermine the financial health of the sector as a whole.
This ruling effectively reiterates NERC’s role in setting the Multi-Year Tariff Order (MYTO), which provides a transparent and predictable tariff framework for the Nigerian electricity supply industry. The MYTO takes into account various factors, including the cost of gas, generation capacity, transmission losses, and distribution efficiency, to arrive at a nationwide tariff structure.

While state-level commissions like the EERC play a vital role in regulating aspects of electricity distribution within their respective states, particularly concerning customer service, metering, and local infrastructure, their powers do not extend to determining the cost of electricity that originates from the national grid. This demarcation of responsibilities is crucial for maintaining a coherent and functional national electricity market.
This decision is expected to bring greater clarity to the regulatory landscape and reinforce NERC’s position as the primary authority in shaping electricity pricing policies across Nigeria.