The Nigerian Electricity Regulatory Commission has officially handed over regulatory oversight of Gombe State’s electricity market to the Gombe State Electricity Regulatory Commission, in accordance with the amended Constitution and the Electricity Act 2023.
The transfer, effected through a formal order, ends NERC’s direct regulation of intrastate electricity activities in Gombe, marking another significant step in the decentralisation of Nigeria’s power sector.
In a public notice issued on Tuesday, NERC said the handover followed Gombe State’s full compliance with statutory requirements, including formal notification and a request to assume regulatory authority over its intrastate electricity market.
The commission clarified that while it continues to serve as the central regulator for interstate and international electricity generation, transmission, trading and system operations, states are now authorised to establish and oversee their own intrastate electricity markets.
The notice read, “In compliance with the amended Constitution of the Federal Republic of Nigeria and the Electricity Act 2023 (Amended), the Nigerian Electricity Regulatory Commission (“NERC” or the “Commission” has issued an order to transfer regulatory oversight of the electricity market in Gombe State from the Commission to the Gombe State Electricity Regulatory Commission.
“Recall that with the EA 2023, the Commission retains the role as a central regulator with regulatory oversight on the inter-state/ international generation, transmission, supply, trading and system operations.
“The EA also mandates any state that intends to establish and regulate intrastate electricity markets to deliver a formal notification of its processes and requests NERC to transfer regulatory authority over electricity operations in the state to the State Regulator.”
It added that the Gombe State Government met all the stipulated requirements, leading to the issuance of the transfer order in favour of GOSERC.
As part of the transition framework, NERC directed Jos Electricity Distribution Plc to establish a subsidiary that will assume responsibility for intrastate electricity supply and distribution in Gombe State.
According to the order, the new entity—JED SubCo—must be incorporated within 60 days from January 7, 2026, and thereafter apply for and secure an intrastate electricity licence from the Gombe State Electricity Regulatory Commission.
NERC also stipulated that all transfers outlined in the order must be fully concluded on or before July 6, 2026.
It noted, “The transfer Order by NERC has the following provisions: Direct Jos Electricity Distribution Plc to incorporate a subsidiary (JED SubCo) to assume responsibilities for intrastate supply and distribution of electricity in Gombe State from JED.
“JED shall complete the incorporation of JED SubCo within 60 days from 7th January 2026. The subcompany shall apply for and obtain a licence for the intrastate supply and distribution of electricity from GOSERC, among other directives.
“All transfers envisaged by this order shall be completed by July 6, 2026.”
Gombe’s move into state-level electricity regulation adds to a growing number of subnational governments leveraging the constitutional amendment and the Electricity Act to take control of power markets within their jurisdictions.
Since the enactment of the law, at least 12 states have either established electricity regulatory commissions or are at advanced stages of assuming intrastate regulatory oversight.
These include Lagos, Edo, Enugu, Ondo, Ekiti, Oyo, Plateau, Imo and Cross River, among others.
The move is expected to accelerate electricity access, enhance service delivery and unlock subnational investments—particularly in renewable and embedded generation projects—provided state regulators maintain strong institutional capacity and regulatory independence.
