ABSTRACT
Energy
has come to retain a very important place in the development of any country or
region. Indeed, energy is fundamental to the fulfillment of basic individual
and community needs such as lightning, transportation, provision of water,
food, health and education. With the awareness of this importance of energy to
a nation, and increase in the energy needs, energy security balanced with
environmental sustainability is pivotal to any nation, Nigeria included. This
is one of the reasons why both international and domestic governments are
clamoring for renewable energy as opposed to the nonrenewable sources like
fossil fuels which Nigeria is predominantly depending on. Despite the abundance
of renewable resources in Nigeria, there is still a little share of it in the Nigeria’s
energy mix. This is traced to a lack of an independent and cohesive legal
framework for renewable energy in Nigeria.
This
research uses doctrinal method to assess the current energy mix and utilization
in Nigeria and its effects, showcasing the need for renewable energy. The
research also used both foreign and domestic literatures, policies, Acts, and
laws to analyse the policies, law and issues of renewable energy in Nigeria as
well as international obligations required.
This
research finds that the extant Nigeria’s energy mix has failed to meet the
pressing energy demands and security in Nigeria. It also finds that despite the
shortfall in energy supply in Nigeria, the current energy mix is not
sustainable as they are not environment friendly. The research also
finds that there exist inadequacies in both legislative and institutional
framework for the energy sector in Nigeria such as duplicity and overlapping of
laws, inchoate and obsolete penalties, and administrative bottlenecks. On the other hand,
this research finds that there exist largely unexplored renewable energy resources
in Nigeria, and there also exist limited scope and ineffectiveness of the
extant renewable energy policies in the country. Furthermore, the research work
exposes the digression of Nigeria from international obligations and standard
as regards renewable energy. Thus with a view of promoting a legal framework
for renewable energy in Nigeria, the research analyses the implementation of
renewable energy in other jurisdictions, extracting invaluable lessons that the
legal environment of Nigeria can inculcate.
This
research concludes by recommending the enactment of an independent and cohesive
legal framework in Nigeria for renewable energy. The key provision of the
framework should be the promotion and implementation of renewable energy in
Nigeria, and from which other salient issues can be brought to justice.
TABLE OF CONTENT
Table
of Content
Table
of Statutes
Table
of Policies
Table
of cases
Table
of Abbreviations
Abstract
CHAPTER ONE
GENERAL
INTRODUCTION
1.1 Background to the Study
1.2 Statement of the problem
1.3 Literature Review
1.4 Aims and Objectives of the Study
1.5 Research Questions
1.6 Research Methodology
1.7 Scope of the study
1.8 Limitation of the Study
1.9 Justification of the Study
CHAPTER TWO
CURRENT
ELECTRICITY ENERGY MIX AND USAGE IN NIGERIA: NEED FOR RENEWABLE ENERGY?
2.1 Introduction
2.2 Conceptual Clarifications
What
is Energy?
Meaning
of Renewable Energy
2.3
Energy Options and their Utilization
in Nigeria
2.4
Legal and Institutional Framework
for Electricity Power Sector in Nigeria
2.4.1 Legal framework for power sector
2.4.1.1 The 1999 Constitution of Federal Republic of
Nigeria
2.4.1.2 Electricity Power Sector Reform Act
2.4.1.3 Nigerian Atomic Energy Commission Act
2.4.1.4 Nigeria Energy Commission Act
2.4.1.5 The Criminal Code
2.4.1.6 Oil in Navigable Waters Act
2.4.1.7 The Petroleum Act
2.4.1.8 Oil Pipelines Act
2.4.1.9 Associated Gas Re-Injection Act
2.4.1.10 Environmental Impact Assessment Act
2.4.1.11 Harmful
Waste (Special Criminal Provisions, etc) Act
2.4.2 Institutional Framework for Power Sector in
Nigeria
2.4.2.1
Nigerian Electricity Regulatory Commission
2.4.2.2
Energy Commission of Nigeria
2.4.2.3
Nigerian Atomic Energy Commission
2.4.2.4
Nigerian Nuclear Regulatory Authority
2.4.2.5
Rural Electricity Agency (REA)
2.5
Why Renewable Energy Development in Nigeria?
2.5.1
Energy Needs and Security
2.5.2
Inadequacies of the current state of the Nigerian Energy Sector
2.5.3
Environmental Concerns and Need for Sustainable Development
2.5.4 Economic development
2.6 Conclusion
CHAPTER THREE
RENEWABLE
ENERGY IN NIGERIA: LAW, POLICY, AND ISSUES
3.1
Introduction
3.2
Sources of Renewable Energy in Nigeria
3.2.1
Solar Energy
3.2.2
Wind Energy
3.2.3 Biomass Energy
3.2.4 Hydro Power Energy
3.2.5 Geo Thermal Energy
3.3
Renewable Energy Policy Development
in Nigeria
3.3.1 National Electric Power Policy, 2001
3.3.2
National Energy Policy, 2003
3.3.3
Renewable Energy Masterplan Policy of 2005 and 2012
3.3.4 Biofuel Policy of 2007
3.3.5
Renewable Energy Policy 2010 and 2015
3.4
Obstacles to the development and integration
of Renewable Energy into the Nigerian Energy Mix
3.4.1 Multiple Regulatory Institutions with
overlapping roles
3.4.2 Cost of investment in renewable energy
3.4.3 Public awareness/ Bad Reputation
3.4.4 Cost of electricity
3.4.5 Lack of indigenous components and technical
know-how
3.4.6 Lack of standardization
3.4.7 Change of Government
3.4.8 Lack of Policy Implementation
3.4.9 Inadequate Incentives for Renewable Energy
Development
3.4.10
Project Implementation/Corruption
3.4.11
Lack of adequate funds
CHAPTER FOUR
TOWARDS
SUSTAINABLE RENEWABLE ENERGY DEVELOPMENT IN NIGERIA: INTERNATIONAL OBLIGATIONS
AND LESSONS FROM OTHER JURISDICTION
4.1
Introduction
4.2
Sustainable Development and
Renewable Energy Development
4.2.1
What is sustainable Development?
4.2.2
Historical Origin of Sustainable
Development: From Stockholm to Paris
4.2.3 Linkage between Sustainable Development and
Renewable Energy Development
4.3 International Institutional Bodies for
Renewable Energy
4.3.1 International Renewable Energy Agency
(IRENA)
4.3.2 Economic Community of West African States
(ECOWAS) Renewable Energy Law and Policy
4.3.3 ECOWAS Centre for Renewable Energy and
Energy Efficiency (ECREEE)
4.4
Lessons From Other Jurisdictions on
Renewable Energy Development
4.4.1 Brazil
4.4.2 China
4.4.3 Ghana
4.5
Conclusion
CHAPTER FIVE
SUMMARY
OF FINDINGS, CONCLUSION AND RECOMMENDATION
5.1
Summary of Findings
5.2
Conclusion
5.3
Recommendation
5.4
Areas for Further Research
Bibliography
CHAPTER
ONE
GENERAL
INTRODUCTION
1.1 Background
to the Study
Energy
has been defined as the ability to put effort and enthusiasm into an activity,
work, etc.[1] In
essence, it is the ability to do work. It is the force multiplier that enhances
man’s ability to convert raw materials to finished and useable goods.[2]
Hence, energy is one factor that controls national development of a country. Energy
has been seen as an important issue for development in any given country, it is
also an engine of social and economic opportunity in that no country can manage
to develop beyond a subsistence economy without having at least minimum access
to energy services for the larger proportion of its population.
Energy
has come to retain a very important place in the development of any country or
region. Indeed, energy is fundamental to the fulfillment of basic individual
and community needs such as lightning, transportation, provision of water,
food, health and education. Since all these services are indices by which a
nation’s progress and development are measured, it then follows that energy is
the major determinant of every country’s economic and social development.[3]
Energy
access for all is the single most important component of any development
strategy. In the words of Gerald Foley-
“…without
this energy supply, the sophisticated skills of the industrial world are merely
a burden in the struggle for survival”[4].
As
a matter of fact, the place of energy cannot be understated in any country or
geographical area.
Thus,
it is not shocking news that Nigeria is still categorized as a developing
nation since energy crisis is still a major problem. The sad reality in Nigeria
now is that about 60% to 70% of the Nigerian population does not have access to
electricity; this is because Nigeria as a country focuses primarily on the
limiting and harsh source of energy: non renewable energy and still unserious
about the other source.
There
are two sources of energy which are renewable and non renewable. The most
commonly employed of these have been the non-renewable sources of nuclear and
fossil fuels origin. The utilization of non-renewable energy sources proved to
be adequate but the byproducts are deleterious to humans and the environment.
Over
the years, the main source of energy globally has been the fossil-type energy
resources. This source of energy has been meeting three quarter of the world’s
energy needs. However, rising concerns about the supply of energy security has
led to the search of an alternative energy source.[5]
Thus,
the deployment of renewable energy sources in the power sector is a consequence
of strong climate change, environmental and energy security policies and an attempt
to resolve the classic energy dilemma facing the world-security, sustainability
and economic prosperity.[6]
Renewable
energy is defined as energy obtained from the continuous and repetitive
currents of energy recurring on the natural environment[7].
It is thus defined as energy that comes from resources which are naturally replenished
such as sunlight, wind, rain, tides, waves and geothermal heat. Thus, in
contrast to fossil fuels, they are environment-friendly, ubiquitous,
self-replenishing, infinite and consequently, considered as the way to the
future.
Hence,
taking a global view, there is a shift to support the promotion of renewable
energy.[8]
Since 2005, worldwide renewable energy production capacity has increased.[9]
Thus, several countries have put in place policies and legal frameworks for
stimulating the development and growth of renewable energy especially in the
electricity sub sector of the country. China, Germany, Spain, the EU and others
have provided initiatives to provide incentives for producers of renewable
energy. In France, for instance, a feed-in tariff was introduced in 2001,
revised in 2006 and reconfirmed in 2008.[10]
Also,
in India, in the year 2009, the Ministry for New and Renewable Energy (MNRE)
approved a generation based incentive (GBI) scheme power projects which
stipulated that an incentive tariff would be given to eligible projects for a
period of ten years.[11]
As
at 2007, research showed that forty-nine countries had renewable energy targets
and promotion policies in place, including fifteen developing countries, and
the list was growing.[12]
In 2010, global investment in new renewable energy projects largely driven by a
mix of renewable energy incentives and political pressure to invest in less
emission-intensive energy production exceeded investment in new fossil fuel
power plants.
All
the above efforts of various countries utilizing renewable energy in the
electricity sector are responses to the call of sustainable development.
Sustainable
development emerged as a twentieth century concept for answering all
environmental and resource management problems including climate change, loss
of biodiversity, global warming, green house gases and many more ecological
problems. The concept of sustainable development is traceable to Stockholm
Conference of 1972[13]
where it was first proclaimed (although, while that conference addressed the
very many causes of environmental hazards, it did not address the then
‘soon-to-be-a-threatening’ phenomena of global warming and loss of biodiversity),
nations subsequently have been heeding to the clarion call which makes
Nigeria’s failure something to ponder on.
Hence,
if Nigeria is blessed with vast oil and gas reserves and also an abundance of
renewable energy potentials yet the country is suffering an energy crisis, what
is the government missing out? Why is the concept of “renewable energy” (which
would be subsequently be termed as “renewable electricity” as this research
work goes on, since the focus of this research is primarily on the electricity
subsector of Nigeria) still evasive in Nigeria?
1.2 Statement of the Problem
Nigeria
as a country has still not gotten the gist of the modern trend of renewable
energy in that it still focuses on the usage of fossil fuels and do not take
advantage of its renewable energy potentials it possesses. And even when she
attempts to, an incoherent framework in disguise of policies is what is birthed
to guide the country. This has in no small way affected her and her citizens.
[1] Oxford dictionary of English;
v.1.4
[2] Oluseyi Ajayi and Ajanaku
Kolawole: Nigeria’s Energy Challenge and Power Development- The Way Forward.
[3] T. Esan “Status of Renewable
Energy Policy and Implementation in Nigeria” (2008) Institute for Science and Society, University of Nottingham, United Kingdom,
available online at;
www.gbengasesan.com/temidocs/REPStatusNigeria.pdf,
[4] Gerald Foley. 1992. The Energy
Question. 4th edition.
[5] Ibid, page 2
[6] P.K Oniemola “Legal Response to
support Renewable Energy in China” (2014) 32 Journal of Energy, Environment and Natural resources (International Bar
Association), 179
[7] G. Boyle (ed)
Renewable Energy: Power for a Sustainable future, 2 Ed, (Oxford: London, 2004)
10
[8] S.C.
Bhattacharyya, “Renewable Energies and the Poor: Niche or Nexus?” (2006) 34
Energy Policy 659, 659.
[9] As far back as
2005, worldwide renewable power capacity expanded to 182 gigawatts (“GW”),
excluding large hydropower, which is about four percent of global power sector
capacity. Of this capacity, developing countries had 44 percent. The six
countries with the largest capacities were China (42 GW), Germany (23 GW), the
United States (23 GW), Spain (twelve GW), India (seven GW), and Japan (six GW).
See Wang, X.2007. Legal and Policy Frameworks for Renewable Energy to Mitigate
Climate Change. Sustainable
Development Law and Policy 7.2: 17- 20, 77-78 at 17.
[10] Dr. Yemi Oke ; Comparative
Appraisal of Renewable Energy Law and Policy in Nigeria (2014) Journal of
International and Comparative Law, Obafemi Awolowo University, Ile Ife, pages
25-76
[11] Ibid
[12] REN21, Renewables: Global Status Report 2006 Update.
[13] UN Conference on Environment and
Development 1972
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