Abdulrazak Abdulganiyu
Senior Associate
Industry
Electric Power
Advice on generation, transmission and distribution, power purchase agreements, licensing and disputes under the Electricity Act 2023.
Overview
The Electricity Act 2023 allows states to regulate their own electricity markets alongside the federal framework, which has opened new opportunities and new questions. We advise investors, operators, lenders and governments in the sector.
We advise on licensing by the Nigerian Electricity Regulatory Commission and state regulators, power purchase and connection agreements, EPC and operation and maintenance contracts, mini-grid and embedded generation projects, and the acquisition and financing of power assets.
We also advise on tariff and regulatory disputes and represent clients in arbitration and litigation involving power projects.
What we do
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Power Sale and Purchase Agreements
We provide strategic counsel on power sale and purchase agreements, ensuring clarity and compliance with regulatory requirements for seamless transactions in the electric power market.
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Engineering, Procurement, and Construction (EPC) Contracts
Drafting and negotiating EPC contracts for power generation projects, covering scope, completion, performance guarantees and liability.
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Technical Support Agreements
We offer comprehensive legal support for technical support agreements, ensuring that clients have the necessary expertise and resources to maintain and optimize power generation operations.
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Licensing and Regulatory Compliance
We assist clients in navigating the complex licensing and regulatory landscape of the electric power industry, ensuring compliance with licensing requirements and regulatory standards.
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Metering Contracts and Regulation
Our team provides guidance on metering contracts and regulatory compliance, ensuring accurate measurement and billing of electricity consumption in accordance with industry regulations.
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Tariff Regulation and Pricing
We advise on tariff regulation and pricing mechanisms, helping clients navigate tariff-setting processes and optimize revenue streams while ensuring affordability and competitiveness.
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Taxation and Financial Planning
With expertise in import, income, and other taxation issues, we provide strategic tax planning and financial advice to minimize tax liabilities and optimize financial performance for electric power projects.
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Mergers and Acquisitions
We offer legal support for mergers and acquisitions in the electric power sector, guiding clients through complex transactions and regulatory approvals to facilitate strategic growth and consolidation.
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Project Finance and Structuring
Leveraging our experience in project finance, we assist clients in structuring project finance documentation and financing arrangements, ensuring project viability and financial sustainability.
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Real Estate Arrangements
Our team provides legal support for project leases, rights of way, and other real estate arrangements essential for the development and operation of electric power projects.
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Gas Sales and Transport Agreements
We offer guidance on gas sales and transport agreements, navigating regulatory requirements and ensuring reliable and cost-effective fuel supply for power generation.
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Joint Development Agreements
We assist clients in structuring joint development agreements and partnerships, facilitating collaboration and resource-sharing for the development of electric power projects.
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Litigation and Arbitration
In cases of dispute, our skilled litigators represent clients in litigation and arbitration proceedings, advocating vigorously for their interests and seeking favorable outcomes.
Our team
FAQs
Yes. Following the 2023 constitutional amendment and the Electricity Act 2023, states can make laws for electricity markets within their territory and set up their own regulators. NERC regulates until a state market is established.
Mini-grids above a certain capacity need a permit or licence from the regulator, and smaller ones must be registered. The applicable thresholds are in NERC’s mini-grid regulations or the state regulator’s rules.
Historically, the Nigerian Bulk Electricity Trading Plc bought power under power purchase agreements. The market is moving towards bilateral contracts between generators, distribution companies and eligible customers.