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Resolving the Minority Issues of the North for Regional Unity: The LND Approach

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By: Dr Umar Ardo

The issues generally raised by the minorities in the North pushing them to adopt a separate and distinct identity, such as real and perceived domination, marginalization and discrimination by the majority ethnic groups, are more often germane and reflect the deep-seated sociocultural and geopolitical challenges that have defined Northern Nigeria’s identity, governance and unity, and represent the central source of conflict in the region for decades. It is therefore in the best interests of both groups that these concerns are addressed collectively for the greater unity of the region and its peoples. That is why the League of Northern Democrats (LND), having recognized that, is taking a deliberate, inclusive and reformative approach to resolve these concerns conclusively.

  1. From its Concept Note, LND has acknowledged and validated the issues that make many minority ethnic groups feel excluded or oppressed by the historical and current sociopolitical structures in Northern Nigeria. LND recognized that ignoring these grievances will only perpetuate the resentment and divisions in the North.
  2. LND acknowledges the legitimate concerns of minority ethnic groups regarding identity, representation and governance structures. It validates the pain of historical injustices without dismissing the contributions of existing leadership structures and will use inclusive language to foster a sense of shared ownership of the Northern identity by all ethnic groups.
  3. To this end, LND will facilitate open, safe and constructive dialogues as the lack of healthy conversations about the past and present will continue to fuel mistrust and division. LND recognizes that open dialogue is critical to building trust and resolving conflicts. To ensure that that is why LND made the holding of summits, organizing forums and town hall meetings where representatives of minority ethnic groups, traditional rulers, religious leaders and other stakeholders can freely discuss their grievances and aspirations central part of its activities.
  4. In addition, at the formation of government, LND will establish a Northern Nigeria Truth and Reconciliation Commission to examine historical grievances, injustices and the impact of colonial and post-colonial policies, and develop a structured agenda to discuss such matters as the role of religion in governance, ethnic identity and inclusion, the future of traditional rulership in a modern democracy, etc.
  5. Because minority ethnic groups seek visibility and participation in governance and decision-making LND will promote diversity and inclusion in leadership to ensure fair representation and building trust. LND will also push for constitutional and legislative reforms that protect minority rights and promote equitable representation, and further encourage the inclusion of minority voices in political appointments, governance structures and party leadership. It will similarly highlight the achievements and contributions of minority ethnic groups to foster pride and solidarity.
  6. In addition, LND will redefine the concept of Northern identity to dispel the notion of viewing the “North” as a geopolitical tool for domination rather than unity. The new identity must embrace diversity while promoting unity. In this way, reframe the Northern identity as a “Community of Equal Cultures and Shared Values” rather than a homogenous entity. As already put in its proposition, LND will use platforms such as cultural exhibitions, literary festivals and media campaigns to showcase the diversity and richness of Northern Nigeria’s ethnic groups. And as a government, LND will commission historians and academics to rewrite the narrative of Northern Nigeria, emphasizing inclusivity and shared struggles.

8 At the higher level, LND will address all underlying socioeconomic inequities and inequalities. Because economic disparity and underdevelopment often exacerbate ethnic and religious tensions, deliberate policies of addressing these inequities will be pursued to reduce grievances and foster collaboration. To this end, LND will initiate targeted economic development programs in all areas, especially in minority-dominated areas, promote policies that ensure equal access to education, healthcare and infrastructure development across all regions of the North, support initiatives that empower women and youth specifically from minority communities, fostering a sense of belonging and purpose.

9 At the community level, LND will engage traditional and religious leaders constructively, allowing traditional and religious institutions wield significant influence in Northern Nigeria. Reforming their roles is critical for progress without alienation. Also partner with traditional and religious leaders to redefine their roles as custodians of cultural heritage and enablers of peace and security rather than political authority and oppression, and ncourage these leaders to promote inter-ethnic and inter-religious harmony, ensuring transparency and accountability in traditional governance systems to gain the trust of all groups in society.

  1. LND’s leadership will also develop a comprehensive Northern Nigeria reform agenda through a strategic plan that addresses both immediate concerns and future challenges. To this end, it will draft a Northern Nigeria Charter for Unity and Progress, outlining shared values, goals and commitments to diversity and inclusion; collaborate with minority groups, scholars and think tanks to develop a roadmap for addressing the identity and governance crises in the region; monitor and evaluate progress through regular reports and feedback mechanisms, etc.
  2. Also, LND will position itself as the voice of unity and reform. By addressing these issues head-on, LND aims to become the trusted platform for resolving Northern Nigeria’s challenges and influencing national development by actively championing the causes of diversity, inclusion and justice at communal, regional and national levels. By leveraging media and public relations to communicate LND’s vision and progress, build alliances with other regional and national groups to foster understanding and collaboration.
  3. To handle these issues effectively, LND will design and embrace a leadership style that prioritizes dialogue, inclusivity and reforms. By tackling the historical grievances and systemic inequities inequalities head-on, LND is positioning itself as the transformative force Northern Nigeria needs, ensuring that the region’s diversity becomes its greatest strength.

Umar Ardo, Ph.D is the
(Convener, LND)

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Opinion

OPINION( BOKO HARAM): A Time To Look Beyond The Obvious.

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By: A G Abubakar

The book, Scars: Nigeria’s Journey and the Boko Haram Conundrum, written by General Leo Irabor, rtd, was launched recently. The occasion was graced by a galaxy of who is who is in Nigeria’s contemporary leadership. The General pulled it off by having two former heads of state in attendance: Olusegun Obasanjo and Goodluck Jonathan. The serving one Bola Tinubu was represented by his Minister of Defence, Badaru. Former President Olusegun Obasanjo, who wrote the book’s Forward, was also the Chairman of the occasion.

The clergy wasn’t left out. The author was able to bring His Eminence, the Sultan of Sokoto, and His Royal Highness, the Etsu Nupe, to the occasion, too. The Catholic Bishop of Sokoto, Mathew Hassan Kukah, the book reviewer, was a strategic compliment to the royal fathers; a conclave of the secular and the spiritual

A former National Security Adviser, General B.M.Monguno, was tasked with the keynote remarks, tilted ” Reflections on National Security,” with messages from the Chief of Defence Staff, CDS, the National Security Adviser (NSA), and a host of other serving and retired security-related stakeholders. Why give this roll call? The answer is, since the subject matter of the book was security and how it has become elusive over the last one and a half decades, there is no better dramatis personae than the collection at the book launch. One would expect that at the end of the occasion, a glimpse of the roadmap for solutions would have been more discernible. A holy grail would have been discovered, so to say! And, this optimism could not be a misplaced one either. Yours faithfully, was privileged to be part of the occasion on account of the author’s personal invitation.

Under Their Command And Watch

Obasanjo was at the helm of the nation’s affairs twice. One as a military head of state in the late 70s. His second coming was in agbada/farar hula (civilian) in 1999. The Boko Haram (Jama’at Ahl al-Sunna li Al-Da’wa wal Jihad) struck about the same time in Kanamma the headquarters of Yunusari LGA, of Yobe Yobe, in the year 2000. He was there until 2007 when ‘Yar Adua took over and susequently Goodluck Jonathan, who took over in 2009, after the death of his boss. He had his baptism of fire by Boko Haram in 2014, following the abduction of over 250 secondary school girls in Chibok town, a local government area in Borno State.

President Buhari rode on the back of the insecurity, among others, to win power but could only do much in 2015. The trend of abductions continued with Buni Yadi students and Dapchi girls. The Boko Haram became more sophisticated and more potent. Its mutant outfit Islamic State in West Africa Province (ISWAP), became more formidable. The duo, though mutually antagonistic to each other due to differences on ideological inclination, were able to expand their operations beyond the North East region of Nigeria by the year 2020. They were able to establish cells in both the Central and North Western zones, where they worked in alliance with other insurgency groups like the Ansar, Lakurawa, Mahmuda etc in such states as Niger, Kaduna, Kogi, Kebbi and lately Kwara.

General Monguno, who was the NSA throughout Buhari’s eight years, is a “son of the soil” (indigene) of Borno State, where Boko Haram insurgency started. The author, whose recollection and assessment of the crisis via the book that was launched, served as President Muhammadu Buhari’s (PMB)Chief of Defence Staff (CDS). He worked closely with the National Security Adviser (NSA), Monguno. Ordinarily, there was no single group in Nigeria’s history that should have a greater depth of the nation’s problems than those present at the book launch.

The author tried very much in dissecting the raisons d’etre of Boko Haram and its modus operandi. He also proffered workable solutions based on his field and personal experience. But that’s where the discourse stopped. One by one, the men that are being looked up to for clearer vision came across as almost banal. Though the occasion may not be appropriate for war room ideas, the ideological interrogation of the historical manifestation of the Boko Haram insurgency or any other could hqve bene of great help.

Still Dwelling On The Usual Suspects

The recognition and appreciation of this fact could go a long way in finding a sustainable solution to the ugly phenomenon. Unfortunately, most eminent speakers dwelled on the usual suspects; poverty, politics, porous borders, and ignorance. As relevant as these factors are, they remain as symptoms and not causes. They are enablers that can reduce the foothold of insurgency but not keep it at bay sustainably. Islamic insurgency is an ideological movement with a long history, which should be of essence when it comes searching for solutions. Wisdom says that “it is easier to fight an invasion army more successfully than that of a belief system.”

Obasanjo spoke of “better life” for the youth. Kukah dwelled on ethno-religious schism, the nation’s challenged security architecture and the likes. The Sultan, as retired General of the Nigerian army tried to distance the Muslim ummah (faithfuls) from the insurgency, including the wrong notion being widely held regarding the Islamic context of Jihad. According to him, Jihad generally means “to strive” to “struggle” for good, in both personal and social realms. Monguno took his listeners down the lane of Nigeria’s history and security challenges since independence in 1960 and blamed some of the crises on attitudes and bad governance.

Jonathan, in his brief remarks, saw the Boko Haram phenomenon from the political prism, even though he recognised the millions of out-of-school kids as part of the enablers. That’s why his Administration introduced the Al’majiri school that couldn’t get traction after he left office. In the final analysis was the collective call on all sundry to turn a new leaf also for the governments to be guided by justice. Unfortunately, these elements are not given. They are usually cultivated, especially by leadership. But here we were, before three or more generations of political leadership, which people looked up to for solutions, ironically pontificating on “change” and “justice.”

The takeaways from the esteemed interventions are two-fold. One, leadership in Nigeria is yet to contextualise the phenomenon of religious insurgency and easily gets preoccupied by fighting the symptoms basically. Secondly, and drawing from the first drawback, the successive governments seemed “trapped” when it comes to appropriating appropriate strategies for dealing with the historical phenomenon of faith-based insurgency.

Governments can build all the schools, improve the people’s well-being, create job opportunities that are needed, but they may still go only as far, with insurgents. Such interventions needed to be taken in tandem with encouraging a shift in the acquisition of religious knowledge, from the extremist perspective to the mainstream. This should be done right from the primary school level, with a view of producing der-adicalised future generations. By necessity, therefore, the content of learning and the needed power (quantity and quality) should be developed, especially across the Muslim majority states.

The learning system should be able to expose learners to the evolution of sects and sectarianism in Islam. To interrogate the various experiences and their implications for individuals and society. Nations that were able to do so have become less prone to insurgencies that could pose existential threats. Such countries include Malaysia, Indonesia, Morocco, Turkey, Kazakhstan, UAE etc.They succeeded partly because they were able to come to navigate the nuanced complexity of Islamic and modern day political systems as relates to both the adherents and other non Muslims in a given setting.

Shari’a Is Islamic But Not The Violence

The challenge in the search for a faith-based political system in Islam dates back to few decades after the death of the Prophet of Islam, Muhammad in the year 632 AD. The choice of a successor after the first three, gave rise to what has come to be known as Shi’a sect, now dominant in Iran, Iraq, Lebanon, Yemen and few others. They have over a dozen sub-sects. Shia’a vests political leadership in a supreme/spiritual leader, the Imam, and the system is thus generally referred to as, Imamate. The Imams are believed to be descendants of the Prophet of Islam, allegedly.

The Sunni went on to device a political system that was based on Islam’s Holy Book, the Qur’an and the Hadith (sayings and way of life) of the Prophet. The prominent clerics in this endeavour included Al’Mawardi (972-1058), Al’Ghazali (1058-1111), Ibn Taymiyya (1263-1328), Ibn Khaldun (1332-1406), among others. Their works among other developments at the time gave rise to two branches of the Sunni – those hanging onto the ideals and ideas of the forerunners who shared the prophetic era and those that were philosophically inclined. The former is today referred to as Sunni-Salafi, and the latter known as the Sufi. Both groups have subgroups.

The Sufi Sunni, loosely called Ɗariƙa, has such sub sects as the Tijjaniyah, Ahmadiyah, Qadriyyah etc, so named after their spiritual founders or prominent leaders. The Sufi are generally more laid back and accommodating.

The Jihadists In The Midst

The Sunni-Salafi may be divided into three or more formations, largely driven by the works of Ibn Taymiyyah, an theocratic purist of the first order. The Sheik is alleged to never believe in a secular leadership system. He believes that the Muslim world should be ruled by Muslims using the Shari’a law. His strong aversion of external sources of law outside Islam was rooted in the tyrannical era of the Mongols (Mouguls) who ruled his part of the world that time. It seems he used the pulpit in energising his compatriots against the “invaders.” A liberation theology of sorts.

Ibn Taymiyya influenced later Islamic clerics like the Muhammad ibn Abd al-Wahab (1703-1792) of Saudi Arabia, who is still being revered as the father of Wahabism (theocratism). He in turn influenced the late Grand Muftis of the Kingdom of Saudi Arabia, such as Abd al-Aziz ibn Baz (1910-1999), Muhammad ibn Uthaymeen and many others. In Egypt, Hassan al Banna, and Sayyid Qutb used the Wahabism philosophy to found the Muslim Brotherhood (1928) to fight against British colonial rule and the subsequent constitutional administrations in Egypt.

Within the ranks of the Salafi movement there are moderates, modernists, and the firebrand (jihadist). They all draw inspirations from Ibn Taymiyya, Wahabism and the Muslim Brotherhood in varying degrees and appreciation. Ibn Taymiyyah’s notable works included Al-Siyasah al-Shar’iyyah and Al-Hisbah fi al-Islam. The former is a touchstone in Islamic governance, principles and rules for Shari’a-based state) while the latter deals with the role of the state in promoting good and forbidding evil.

Many Sunni-Salafi in Nigeria have participated in government. They include Abubakar Gumi snr, the Grand Khadi of defunct Northern Nigeria, Prof/Sheik Pantami, a Minister in Buhari’s government, to mention but a few. Others who subscribe to harmless aspects of modernisation and use the religion to promote same, include individuals like Professors/Sheikhs, Rijiyar Lemo, Mansur Sokoto, and Jabir Mai Hula. These gentlemen are lecturers in conventional universities. Yet there was Sheikh Ja’s afar, a gifted intellectual who preached balance between Islam and western education.

Then came the extremist branch of the Sunni-Salafi; the Jihadist. They come in with various names and platforms such as al-Qaida, Taliban, Al’shabab, ISWAP, Ansar, Mahmuda, Lakurawa, Abu Sayab, Jama’a Islamiyy, etc. They are united by one vision; a Shari’a State anywhere Muslims are in majority. To them, democracy is an aberration. Muhammad Yusuf and his co-travellers in the Boko Haram are the promoters of this visiona; a vision they are prepared to enforce at all cost, including violence. As Sunni-Salafi Jihadist movements, they arguably rely on aspects of ibn Taymiyya’s works from where they continue to draw inspiration. The demolished centre/mosque of the Sect in Maiduguri was actually named after the great Sunni cleric ibn Taymiyya as a mark of honour and reverence.

Insulating The Next Generation,Young

From the above rundown on the Jihadist movement, it is evident that the combined number of subscribers to their brand of Islam is very negligible . Unfortunately, they seem to define Islam with its over 2 billion faithfuls, just behind Christianity, which has 2.5 billion followers. The fact that Jihadists communicate with violence, make them grab the headlines faster. A case of “the head that bleeds gets the headlines or better still if it bleeds, it leads.” Maybe it’s with this in mind that insurgents android made carnage and disregard for the sanctity of life wrapped up in religion, as their stock in trade. Notwithstanding, the fact that the Holy Qur’an is against such a practice, where it unequivocally says in Surah Al-Ma’idah (5:32) that “whoever kills a soul, unless for a soul or for corruption in the land, it is as if he had slain mankind entirely.” Insurgents care less about such divine injunctions.

To keep them at bay, two-pronged approaches should be adopted. The here and now is to degrade them while putting in place holistic educational systems that can equip and insulate future generations from being vulnerable to religious extremism. Governments in Muslim majority states should start growing the next generation of Gumi, Pantami, Maqari, Dahiru Bauchi, Sanusi Lamiɗo Sanusi, Rijiyar Lemo, Aliyu, Umar, Mansur, Adam Al-Ilori, Alfa Oranaike, Ja’afar, etc now. This shall, however, call for paradigm shift away from bogus projects to the development of quality education and innovation with a view to evolving a humane and just society.

General Irabor rtd, CFR, and former CDS, has cast the first stone or better still a “projectile” with his seminal book, “Scars.” It’s left for governments at all levels working together with major stakeholders in the society to increase the “propulsion and range” by redoubling efforts in rolling back the Boko Haram and indeed any other form of terrororist acts. The immediate task before the army is to degrade them, while governments at all levels reform and prime the educational system to secure society in the future.

In the short run, the rule of law should be decisively exercised to check the mind-boggling corruption in the system – a national scourge that partly fuels inequality and deprivation in the society. The government, along with relevant stakeholders, should also act in a similar vein to check the excesses of charlatans that hide under religion to spew hatred and sow discord among the people.

It’s only in Nigeria and maybe parts of the sub saharan region that individuals are free to erect a place of worship, equip same with public address system and commence preaching or start conducting religious classes without the necessary pre-qualification by relevant body of experts/councils. Society can never be stable and reforms sustainable in an environment of lawlessness. Law and order should be brought to bear effectively on the affairs of society, especially a traumatised one like Nigeria. The appreciation of this challenge should, however, be backed with a robust social safety net that works, including easy access to both secular and less divisive forms of religious education/knowledge. These have the potential to make society less vulnerable and also insulate the young from religious extremism.

History indicates that outside the Middle East, Christianity received traction across the world through education (chalk, blackboard, books, the Bible) and not through the Crusaders or Knights Templar on horseback So is mainstream Islam. A well-rounded educational system can be the silver bullet. Through the instrumentality of education, religious harmony has made enormous contributions in leveraging development in such Muslim majority nations like Indonesia, Malaysia, the UAE, Turkey, etc. Insurgency shouldn’t be allowed to do the opposite in Nigeria. It should be denied a permanent foothold.

Nigerians have suffered enough from the vagaries of terrorism that has lasted for about one and a half decades. The nasty experiences shouldn’t become a way of life. However, getting out of the cuagmire would entail looking deeper into the ideological roots of the phenomenon of faith-based insurgency. Therefore, the search for solutions should be more encompassing and deep rooted, beyond the obvious symptoms and enablers.
A.G.Abubakar agbarewa@gmail.com

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Opinion

Disambiguating Jurisdictional Boundaries of Federal and State Governments in Electricity Regulation

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By Emmanuel Ukera, Esq

The enactment of the Constitution of the Federal Republic of Nigeria (CFRN),1999 (Fifth Alteration) (No.17) Act,2023 and the Electricity Act, 2023 which paved way for full devolution of intra-state electricity regulatory powers to state governments have stirred up a lot of contestations amongst stakeholders than ever imagined.

The bone of contention appears rooted in the misconception amongst stakeholders regarding the extent of the regulatory powers available to state governments under the current multitier regulatory regime recognized by the CFRN (Fifth Alteration) (No.17) Act,2023 and the EA,2023. One of such misconceptions which has gained traction in the media is that the recent constitutional alteration and the consequent enactment of the EA, 2023 have for the first time devolved electricity regulatory powers to sub-nationals to the extent that the newly established State Electricity Regulatory Commissions (SERCs) can now regulate ( in all its ramifications), electricity generation, transmission and distribution activities within state boundaries to the exclusion of the Nigerian Electricity Regulatory Commission ( NERC), which hitherto regulated electricity activities nationwide.

Relatedly, there are those who are of the strong opinion that under the current legal regime, power plants located within state boundaries should fall under the overriding regulatory powers of SERCs including full takeover and control of the eight (8) power plants now operated by the eight successor generating companies (GENCOs) that emerged after the conclusion of privatization in 2013.

It has also been argued that the EA,2023, is an iniquitous and needless piece of legislation which has abolished cross-subsidization and provided the framework for promotion of energy inequalities especially considering the disproportionate distribution of electricity infrastructure between the northern and southern states of Nigeria.

The instant intervention seeks to disambiguate the jurisdictional boundaries of the SERCs and NERC under the current legal regime and shed light on recent debates.

To fully understand the jurisdictional confines of the two levels of governments regarding electricity regulation in Nigeria, it must be stated that the Constitution of the Federal Republic of Nigeria, 1999 (as altered) and the Electricity Act, 2023 constitute the primary sources of electricity law in Nigeria currently. Furthermore, there are other federal enactments that must be taken into consideration when discussing the regulatory powers of the two levels of government.

These include the Standard Organization of Nigeria (Establishment)Act which is the general legislation on national technical standards; Federal Competition and Consumer Protection Commission Act which is the general legislation on competition, consumer protection, and anti-trust; Climate Change Act ,2021 which deals with climate change mitigation and adaptation bearing in mind Nigeria’s international commitment to climate change; Water Resources Act, CAP W2, Laws of the Federation of Nigeria (LFN) ,2004 which regulates the planning, development and use of water resources that affects more than one state; National Environmental Standards and Regulations Enforcement Agency (Establishment) Act; and the Environmental Impact Assessment Act, CAP.E12, LFN,2004 which are relevant in the area of environmental impact of electricity projects or related activities in the power sector. Additionally, licensed electricity entities operating under the regulatory purview of state regulators are expected to comply with extant federal enactments on company income tax, personal income tax and value added tax etc .

The above, amongst others constitute the gamut of laws that are critical in disambiguating the legislative and regulatory competences of the two levels of government in Nigeria on the issue of electricity and should be well understood by key players in the power sector.

With respect to the powers of the two levels of government under the Constitution, one must recall that prior to 1999, the business of electricity generation, transmission and distribution was for decades under the sole control of the defunct National Electric Power Authority (NEPA) as a vertically integrated monopoly.

The defunct NEPA operated a redial national grid system comprising of on-grid power plants, high voltage transmission lines and distribution lines through which electricity albeit epileptically was supplied to Nigerian nationwide without regard to geographic boundaries of state governments.

This integrated high voltage system of interconnected generation plants, transmission lines, substations and related facilities crisscrossing states of the Federation and beyond that was operated by NEPA as a unified network is what is essentially referred to as the national grid system.

However, following the promulgation of the CFRN,1999, electric power was included as an item on the concurrent list. In this regard, item F, paragraphs 13,14, and 15, Part II, Second Schedule to the CFRN,1999 (“the Constitution”) defined the legislative competence of the respective levels of government regarding electricity.

The implication of the aforementioned constitutional provisions is that, since 1999, state governments were at liberty to invest in electricity within their domains including the power to set up of state grids and regulate intra-state electricity where they possess the wherewithal. No state government took advantage of this constitutional provision either due to lack of the political will or some other inexplicable reasons.

It is, however, important to note that prior to constitutional alteration in 2023, the powers of State Houses of Assembly to legislate on intra-state electricity generation, transmission and distribution activities was greatly impeded by the restriction under paragraph 14 (b), Part II, Second Schedule to the Constitution “to areas not covered by the national grid system within that State”.

It was this restrictive phrase “to areas not covered by the national grid system within that State” that was essentially deleted through the enactment of the CFRN,1999 (Fifth Alteration) (No.17) Act,2023. According to the long title to the CFRN,1999 (Fifth Alteration) (No,17) Act,2023, the constitutional alteration was intended to “allow states to generate, transmit and distribute electricity in areas covered by the national grid”…. What is apparent from the foregoing is that it is not correct to say that the CFRN,1999, (Fifth Alteration) Act (No.17) Act,2023 for the first time transferred “electric power” from the exclusive list to the concurrent list as it is often reported in some sections of the media. Electric power was an item in the concurrent list to the CFRN 1999 and remains so even after the said constitutional alteration of 2023.

What the CFRN,1999 (Fifth Alteration) (No.17) Act,2023 did is to simply delete the inhibitive words “to areas not covered by the national grid system within that State” to allow state governments legislate on and regulate intra-state electricity activities and most fundamentally “generate, transmit and distribute electricity in areas covered by the national grid” as expressly stated in the long title.

In other words, the constitutional alteration was not aimed at empowering state governments to embark on far reaching regulatory measures that would conflict or undermine the regulatory powers of the Nigerian Electricity Regulatory Commission (NERC) such as taking over NERC licensed on-grid power plants, setting tariffs or slashing tariffs for electricity procured through the National Wholesale Electricity Market(NWEN) or regulation of other activities on the national grid .

The constitutional alteration was primarily intended to promote investments within state boundaries without being inhibited by the presence of the national grid or component of it within such state boundaries.

In simple terms, by virtue of this constitutional alteration, state governments can now embark on embedded generation, mini-grids, licensing and regulation of independent electricity distribution networks (IEDNs) and independent electricity distribution network operators (IEDNOs), and even set up state grid even if such activities have bearing on the national grid.

Unfortunately, most state governments have since focused on issuing controversial regulatory measures that will throw the Nigerian Electricity Supply Industry (NESI) in disarray and put the state regulators at cross-purposes with NERC instead of taking initiatives that will boost investments and ultimately improve electricity access to their citizens, the latter being the primary intendment of the constitutional alteration.

Furthermore, the powers of state governments to legislate on and regulate intra-state electricity activities without being inhibited by the presence of the national grid as recognized by the CFRN (Fifth Alteration) (No.17) Act,2023 must be understood against the preeminence powers of the federal government to ” make laws for the Federation or any part thereof with respect to — electricity and establishment of electric power stations, generation and transmission, damming of water for electricity generation, cross-border electricity trading and distribution, promotion and establishment of the national grid system, regulation of right of any person to use, work, operate any plant, apparatus, equipment or work designed for the supply or use of electrical energy as provided under paragraph 13 (a)(b)(c)(d)(e)and(f) part II, Second Schedule to the Constitution all of which remains unaffected by the recent constitutional alteration.

The implication is that it will amount to constitutional infraction for any state government to set or approve parallel technical standards and operational codes or set up an agency for enforcement of technical standards under the guise exercising intra-state electricity regulatory powers.

Similarly, while state governments are at liberty to invest around the national grid presence within their state boundaries, in deference to the powers of the federal Government to regulate the national grid system as indicated above, any investment around the national grid including activities, transactions and services that have bearing on the national grid system will still require the authorization (not license) of NERC before such can legally take place. Such activities, transactions and services that will require NERC authorization may include : interconnection to, injection into, wheeling of electricity over, withdrawal of electricity from the national grid; sale and purchase of electricity, the delivery of which requires the use of the national grid; provision and receipt of ancillary services to or from the national grid; use of metering, control, dispatch and other systems required by the Grid Code for interconnection and wheeling services etc.

The law is trite, the apex court has held in the case of **AG. Ogun State v.Aberuagba &Ors (1985)LPELR-3164** that the powers of state governments to legislate on matters in the concurrent list to the Constitution is limited by the constitutional doctrines inconsistency and covering the field.

One other issue that requires clarification here is the claim in some quarters that the EA,2023, is an iniquitous and needless piece of legislation which has abolished cross-subsidization and provided the framework for promotion of energy inequalities. This is an erroneous impression borne out of lack proper understanding of the objectives, principles and rigorous processes that culminated into the enactment of the EA,2023.

To begin with, the issue of cross-subsidization was introduced through the Power Consumer Assistance Fund (PCAF) and first given statutory recognition under the Electric Power Sector Reform Act,2005 (now repealed) but retained under part XV of the EA,2023.

However, with the full decentralization of electricity including policy matters, the framework for subsidy administration in the NESI is currently undergoing review in the National Assembly bearing in mind the need to allow for the two levels of government to take independent policy decisions on matters of electricity subsidy and also determine fairly, which categories of electricity consumers should bear the brunt of cross subsidization under the current multitier electricity industry.

It must also be added that the Electricity Act,2023 is not a framework for promotion of energy inequalities but was introduced following a rigorous stakeholder engagement including the Nigerian Governors Forum (NGF) to replace the EPSRA,2005, the latter being a reform legislation that became unsuitable for the next phase of the electricity market after conclusion of the privatization exercise in 2013.One of the key features of the EA,2023 as a compelling framework for addressing energy inequalities is the provision of Section 110 which imposes an obligation on NERC to ensure fair spread of transmission and other electricity infrastructure across the country. Similarly, the EA,2023 for the first time made provision for integrated resource planning and leveraging on this provision the Federal Executive Council recently approved the National Integrated Electricity Policy and Implementation Plan,2024 which takes into consideration the peculiar strengths and weaknesses of the various state governments. It is expected that state governments will take advantage of this paradigm shift that recognizes a robust role for wind,biomas, solar and other renewable sources of energy in addressing perceived or existing energy inequalities.

From the foregoing, it can be safely concluded that the current legal regime for regulation electricity in Nigeria as articulated above leaves no room for confusion or controversy. With about 14 states already enjoying regulatory autonomy within their respective state boundaries, NERC should focus on regulation of the NWEN and activities on the national grid system while states should focus on retail activities within their respective boundaries without encroaching on the jurisdiction of NERC.

The primary focus of state governments at this stage of the market should be to adopt state integrated electricity policies and plans that will among other things leverage on potentials for generation and consumption of electricity from renewable sources such as wind, solar and biomass and as a priority integrate a large number of big self-generation consumers into the emerging state markets. A robust plan for integration of self-generation consumers into the nascent state electricity markets can in the short and medium terms be achieved through embedded generation, issuance of licenses for IEDNs/IEDNOs and mini-grids etc.

The Federal Government through the Ministry of power should equally fast track and streamline ongoing transmission and distribution upgrades under the auspices of FGN Power to allow for efficient evacuation of generated power across state boundaries where such states are in position to execute bilaterals that recognize NERC tariffs. State governments should avoid toying with the idea of unstructured tariffs which has left the National Wholesale Electricity Market in crippling debts.

The weakest links in the Nigerian power value chain today remains the transmission and distribution segments and with concerted efforts being made by President Bola Ahmed Tinubu,GCFR to settle legacy debts owed GENCOs, radical actions need to be taken to conclude ongoing upgrade of the transmission and distribution assets for operational and financial synergy along the national grid.


Barrister Ukera, Esq can be reached on emmauks@yahoo.com

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Opinion

Opinion: CHOICES, ATTITUDES, AND CONSEQUENCES: HOW LEADERSHIP AND FOLLOWERSHIP CONSPIRE TO UNDERMINE NIGERIA’S PROGRESS*

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By: A G Abubakar

Society throws up a leadership it deserves. Better still, it elects a leadership that reflects its character. Life is about choices and outcomes. And, this holds true in all major faiths. The Qur’an says, ‘indeed, Allah will not change the condition of a people until they change what is within themselves.” (Qur’an 13:11). The Bible corroborates this and more, to the effect “that the sluggard who does not plough in autumn; he will seek at harvesting and have nothing.” (Proverbs 20:4). It went on to state in Galatians 6:7-8 that “…whatever a man sows, he will reap in return.” These divine injunctions simply meant choices have consequences.

The inability to make informed choices or to deliberately ignore taking informed decisions has been at the core of Nigeria’s existential challenges. Nigerians love to turn divine injunction on their heads, in preference for sentiments and emotions, then turn around to seek the Creator’s interventions. So cheap. So evasive.

Buhari represented a larger Northern sentiment of the time in 2015. Tinubu rode on a similar bandwagon, though with diametrically different consequences. Actually, Tinubu is proving to be a backlash. If Buhari was too laid back with a compromised vision, Tinubu lacked a sense of proportion and character. The two political actors might have achieved their ambitions, but the nation’s dream of greatness is neither here nor there. This is because the two deficits found between the duo – vision and character – incidentally are the main ingredients that drive national transformation. The two, unfortunately, have been missing. The question was; Why do Nigerians recruit leaders who are lacking in vision and/or character?

The answers lie in the jaundiced perception of issues and the degradation of ethical values. Years of poor governance had compromised the citizens’ vision as much as their sense of brotherhood and patriotism. The prolonged failure of leadership has simply turned segments of the society on each other, with little respect for the common good: Muslims on Christians, herders on farmers, the young against the old, the poor versus the rich, the minority slugging it out with the majority, etc. The nation has become one giant ocean of mutual distrust, rendering, every decision suspect, and every move, self-serving. As this disposition persists, every known guardrail of social and ethical values simply varnishes, leaving society bare, and vulnerable, especially its leadership recruitment processes, which had become highly ineffective with the concomitant negative impacts on life, property, and socioeconomic development. Today’s Nigeria is a two-horse race between a compromised leadership and a poor followership as to which one becomes the undertaker of the nation called Nigeria.

The rot in Nigeria might have been induced by leadership, which obviously takes the larger part of the blame, but the followership seemed to have learned faster. And because of the masses’ overwhelming size, they have succeeded in foisting anarchy upon society seamlessly. Here was a society where people do not see anything wrong in destroying or vandalizing public property, observing simple order of things in breach, taking advantage of each other in basic interpersonal interactions, hold each other accountable, and even take civic duties like elections for granted. Nigerians simply “enjoy” living in mess, often revealing their capacity to self-regulate.

For illustrations: nearly all the non-concrete guardrails on the highways are gone. Iron and aluminium structures stripped. Even the concrete demarcation is being chipped away in search of the stabilizing iron rods. Electric cables, poles and fittings, and manhole covers are not safe. In rural areas and city suburbs, schools, hospitals, and related public (even private) buildings are not safe. It’s common sight to see roofs, windows, doors, furniture, etc. gone, leaving the structures like animal shades/pens.

The latest tragedy was the bringing down of power towers along major arteries just to steal the installations. Though initially blamed on insurgents and terrorists, the unwholesome practice had been rife in the southeast and now catching up in the northeast. Many enclaves have been thrown into needless darkness because of these dastardly acts. As if not enough, it has now been allegedly reported that screw bolts holding rail lines in place are being stolen, putting rail travels at risk. But why are Nigerians so base? Many are quick to rationalize the ugly development on the usual alibi of poverty. Really? India, and China until the turn of the twenty first century were the poster boys of poverty in its extreme form, where people at time self-immolate out of frustration, but there was no history of this wanton destruction in their societies. Something must be wrong and peculiar with Nigerians!

The saga doesn’t stop with physical or non-living matters. It is in Nigeria that today, the observance of basic curtesy and etiquette had become a tall call. Even where an individual’s life and safety are at risk. The same clumsy mindsets characterize interpersonal relations in commerce and faith. To cheat is business. To insult each other’s ethno-religious backgrounds is piety and God ordained.

Taking turns to access social services, in the considered opinion of Nigerians, is to be unenlightened. To observe a traffic light for 60 seconds is a waste of time that should be circumvented even when heading to a meaningless or not so urgent destination. Traffic lights have literally been turned into a point of vehicular frustrations and even “death spots.” The story is worse when it comes to taking turns to access services at public functions and journeys. For Nigerians, simple queuing and taking turns is luxury. There has to be commotion. Pushing. Shoving. And fisticuffs. Nothing in the individuals says that it is not right, even those who have been lucky to be exposed to other climes, where they imbibed and were expected to be role models. That residual sense of right and wrong had simply varnished from the DNA of Nigerians. The citizens have simply chosen to operate a society that chocks itself – almost willfully.

Actually, one may be tempted to believe that there is something fundamentally not right with Nigerians and indeed the sub-Saharan peoples. Something that make them poorly capable of coping with the basics of “modernity,” decorum, and critical thinking. Historical experiences can not be discounted from the said peoples’ predicaments, but many parts of the world have strived and risen above similar experiences for good. Why not Nigeria? Why not Haiti, Sudan, DRC, Somalia? Or even the dwellers of the favelas/ghettos around some major cities of the western hemisphere? Why are they perpetually trapped and not the others around the world? Why did the people get mummified in terms of ideas? One hates to hear this, but in diagnosing the problems with Nigerians and indeed peoples of the sub-Saharan extraction, such factors as epigenetic and neuroplasticity – i.e., how environmental and historical experiences in a complex interplay alter people’s worldview/capacity – can not be totally discounted unless one wants to go the metaphysical way.

In parts of the North, it is a common practice for families to be hell-bent on breeding kids beyond their means, which inadvertently leads to the creation of huge pools of poorly adjusted youths. For lacking in proper socialization and parental care, this generation of youths has become the nation’s albatross, serving as easy recruits into all sorts of crimes and criminality. The insurgency movements, the armed terrorists/kidnappers’ ranks, are filled with poorly schooled (western and/or Islamic) young men between the ages of 18-35 years. The same goes for those involved in urban gangsterism, snatching handsets, and breaking into people’s houses. All of it is a consequence of bad choices. But as usual, those concerned Nigerians wouldn’t like to hear of it. They are quick to pass the buck to the government or even justify it through a warped understanding of religious scriptures.

Now, the paradox. If the government has been responsible for all the ills in the Nigerian society, it becomes instructive then for people to take their voting rights seriously. Hold their local elites to account. This is with a view to changing their conditions, but no, not in Nigeria. It is during electioneering seasons that all forms of primordial sentiments are inputted into the process. Religion, region, tribe, and other stripes wound are brought to bear, leaving the polity with fractured outcomes and outlook and compounding governance the more. Now is a vista to register and to restrategize for change, but like a possessed people, the same schism is holding sway. A typical lackadaisical attitude that brought Tinubu and his predecessor Buhari.

Maybe it is uncharitable to put serious blames on the people, especially against the backdrop of being serially handed the short end of socioeconomic and political stick. For, doing so is akin to holding a slave deserving of his master or share the blame for his oppression. A friend succinctly put the predicaments of the hapless masses in Nigeria’s leadership recruitment process as follows, “those who did not contest elections have won; those who lost elections have won; those who were not nominated have won; and those who won have lost.” Protests have been crushed with examplary force, or gavel of a compromised judiciary, not once, twice, but multiple times. And the blood so spilt used in writing warnings that says, “let him who is mad enough to throw his life away, oppose the outcome. Some did and ended up creating emergency widows and orphans as a prize for wanting to secure their civic rights.

Those who chose not to engage in the bloodbath simply restricted their campaigns and three or so corporate citizens – INEC, Security Agencies, and the Judiciary (Judges). No doubt these developments have the potential to create a feeling of despair and resignation. In enlightened climes, they serve as wake-up calls to do the needful; the quest for self-actualisation and fundamental rights. This inherent modicum of mindset seemed to be lacking among Nigerians, which invariably made them culpable in their own challenges and deprivations. A drawback so entrenched, it has impacted their capacity to make rational socio-political choices, and also resist injustices.

Elementary knowledge of economics and the economy would tell that Buhari left power when the economic fundamentals were barely holding. Joblessness, poverty, and security were all being interpreted more on paper than the quality of people’s lives. As for corruption, it was a way of life. Recall the AGF, the AG, the CBN governor, and many more. Ordinarily, Nigerians would have been circumspect in the recruitment of a successor. But that has never been in Nigeria’s character. The new leader should mirror its ugly content as a society. So, Bola Ahmed Tinubu (BAT) became the new kid on the block – a new sheriff in town with all baggage in tow. A president that can be likened to a dark matter and a dark energy, operating in fashion that only he knows.

Nobody is perfect in life, but PBAT’s imperfections were self-cultivated, which should have made the larger society apprehensive in recruiting him ab initio. Here was an individual who has every imaginable thing about him suspect except his breathing. From name, parents, village, schools attended, qualifications, business interests, and even his vision of “one indivisible and insolvable Nigeria” (curtesy, Zik), all remain guesses Regardless, Nigerians should not complain. For, as long as they keep doing the same thing, they shouldn’t expect a different outcome. That’s the law of nature and society.

It would, however, seem that Nigerians are condemned to repeat choices with adverse consequences in the future. Something true to type of Robert Kelly’s Followership Model (Kelly, R 1992) that isolated five followership styles based on a combination of engagement and critical thinking. They include exemplary, conformist, passive, alienated, and pragmatist. Exemplary citizens are characterized by active engagement and independent critical thinking, while the passive ones have both limited engagement and critical thinking.

The alienated, possessed independent thinking but limited engagement, and the pragmatist has balanced engagement and critical thinking, too. The conformist may engage actively but with limited critical thinking. It would appear as if Nigerians fall in the conformist group, with sprinklings of maybe the other traits. This, as they kept engaging but with limited attention, paid to leadership qualities with its concomitant repercussions on wellbeing, peace, and development. A case of sowing wind and harvesting whirlwind. Do Boko Haram, armed herders/terrorists, ethnic militia, twenty million kids out of school, etc, ring bell? They are manifestations of bad choices.

Attitudinal change has never been an easy task, especially in a diverse setting like Nigeria. However, the awareness as well as the acknowledgement of the need to do so shall be a crucial first step towards cultivating the culture of rational choice, and also for both leadership and followership to hold themselves mutually accountable. The leadership, by necessity, should take the lead in driving the process. This is to forestall a possible mass disaffection and its dire consequences. It is tantamount to naivety to take nationhood for granted. Let there be a rebirth on the part of both the leadership and followership for Nigeria to work and for all, too.
A.G. Abubakar
agbarewa@gmail.com

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