From David Onuoja, Abuja
In compliance with the amended Constitution of the Federal Republic of Nigeria and the Electricity Act 2023 (as amended), Akwa Ibom State is set to join other states in regulating its electricity market, following its request to the Nigerian Electricity Regulatory Commission (NERC) to transfer regulatory oversight to the Akwa Ibom State Electricity Regulatory Commission (AKSERC).
With the latest request, NERC has so far transferred regulatory oversight to 15 state electricity regulatory commissions, while Akwa Ibom represents the 16th state to seek such transfer of regulatory authority.
Under the Electricity Act 2023, NERC retains its role as the central regulator with oversight of interstate and international electricity generation, transmission, supply, trading and system operations.
The Act also provides that any state seeking to establish and regulate an intrastate electricity market must formally notify NERC and request the transfer of regulatory authority over electricity operations within the state to its state regulator.
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The transfer order issued by NERC directs Port Harcourt Electricity Distribution Plc (PHEDC) to incorporate a subsidiary, PHEDC SubCo, which will assume responsibility for the intrastate supply and distribution of electricity in Akwa Ibom State.
NERC directed PHEDC to complete the incorporation of PHEDC SubCo within 60 days from August 18, 2026. The subsidiary is also required to apply for and obtain a licence for the intrastate supply and distribution of electricity from AKSERC, among other directives.
According to the Commission, all transfers envisaged by the order are expected to be completed by February 17, 2027.
Details of the transfer order and other directives are available on the NERC website.
