By Tony Adibe
Politics, conspiracies, and back-stabbing among top officials of the Nigerian Electricity Regulatory Commission (NERC) have dominated the media space following the expiration of the tenure of the Chairman in June 2025 and indications that the tenure of the Vice Chairman of NERC would lapse on December 8, 2025. But that should not be the way forward.
Although President Bola Tinubu, GCFR, has since nominated Engr. Abdullahi Garba Ramat, a former Local Government Chairman, as the head of the agency and two commissioners – Mr Abubakar Yusuf, Commissioner of Consumer Affairs, and Dr Fouad Olayinka Animashun, Commissioner of Finance and Management Services- subject to Senate confirmation, the skirmishes in NERC have grown even more unsettling. But the 10th Senate, led by Senator Godswill Akpabio, seems to have slept off with a critical task on its hands, given the importance of the sector to the overall growth of the Nigerian economy.
The Nigerian Electricity Regulatory Commission (NERC), as we know, is an independent body, established by the Electric Power Sector Reform Act of 2005 (repealed), now the Electricity Act of 2023, to undertake technical and economic regulation of the Nigerian Electricity Supply Industry. The Commission is to, among others, license operators, determine operating codes and standards, establish customer rights and obligations, and set cost-reflective industry tariffs.
Since its inception, NERC has recorded significant achievements, including the expansion of capacity and network by the issuance of licences for electricity generation, transmission, distribution, and trading, as well as the development of industry codes and standards, market rules, and a multi-year tariff order. In addition, the Commission has issued various regulations and orders that have created an attractive and stable electricity market in Nigeria.
These achievements have been made possible by ensuring that market transactions are rule-based and regulatory interventions are preceded by robust consultative and stakeholder engagement processes to ensure transparency, fairness, and accountability. These qualities of transparency, fairness, and accountability are critical to NERC Nigeria’s independent apex regulator. The Electricity Act was thorough in ensuring this independence. The Act gave statutory recognition to, and enshrined the principle of regulatory independence, by providing for the creation of the apex regulator of the NESI by an Act of the National Assembly rather than by subsidiary legislation. Section 33 (1) of which says: “There is established the Nigerian Electricity Regulatory Commission (in this Act, referred to as “the Commission”), which shall be a body corporate with perpetual succession, which can sue or be sued in its corporate name and subject to this Act, perform all acts that bodies corporate may by law perform.”
Section 33(3) further states that: “The Commission shall be the apex regulator of the NESI and shall be an independent body in the performance of its functions and exercise of its powers under this Act”. Regulatory decisions are to be taken by a board of Commissioners under section 35 (1), which states that the Commission shall consist of seven full-time Commissioners appointed by the President, subject to confirmation by the Senate.” These Commissioners, under section 226 of the Act, may make regulations on all matters on which the Commission has powers.
Funding from internally generated revenue, as well as government subsidies. Section 53 of the Act deals with funding for the Commission: “The funds of the Commission shall consist of: (a) fees, charges and other income accruing to the Commission from licensees and other things done by it in terms of this Act, excluding any fines or penalties recovered under this Act; (b) funds allocated to the Commission by the National Assembly, under a request by the Commission for additional funds required to meet its reasonable expenditures; and (c) such other moneys as may vest in or accrue to the Commission, whether in the course of its operations or otherwise, amongst others.
It is indeed, in view of the above, that experts have argued that appointing seasoned professionals who have grown through the ranks within the Commission would bring far more stability and technical competence to the Commission and sector than bringing on board those who would start afresh to understudy the workings of the NERC. While the National Assembly is debating NERC nominations, industry experts are reminding President Tinubu that there is a need for speed in the appointment of a merit-driven NERC boss on time because of the importance of the energy sector in the development objectives of the government. Furthermore, complementing the incoming NERC boss with seasoned Commissioners with legacy knowledge would do the NERC a whole world of good.
The experts said President Bola Tinubu needs to act fast and look inwards into the Commission to source for qualified and technically sound experts for the Board of the Commission, especially as both the Chairman and Vice Chairman will soon be vacant. As we move into the year 2026, energy experts believe that President Tinubu must, as a matter of urgency, sort out the leadership of the NERC to enable the country to derive the maximum benefits for which the NERC was established in the first place.
In doing so, both energy sector experts and insiders who know better are calling on the President to act fast before the entire house of NERC, which recently is looking like a Fuji House of Commotion, comes crashing down on the nation. According to them, the NERC has a good number of very senior officials with legacy knowledge of how to move the organisation forward. Presently, NERC has six Commissioners:
- Musiliu Oseni – Vice Chairman and Commissioner, Economic Regulations.
Appointed in February 2017, he is currently serving his second term, which will expire on 8 December 2025. - Aisha Mahmud – Commissioner, Stakeholder Management.
A former Head of Tariff and Rates at NERC, she has served the Commission for several years and contributed significantly to its development. In recognition of her expertise and impact in the power sector, she was appointed Commissioner in December 2020. She led the establishment of the NERC Contact Centre, developed the Customer Protection Regulation, and oversaw 33 Forum Offices nationwide, among other achievements. She is the only female Commissioner and remains eligible for reappointment. - Shatti Nathan Rogers – Commissioner, Corporate Services.
Appointed in February 2017 and reappointed in February 2022, his second term will expire in February 2027. - Dafe Akpeneye – Commissioner, Legal, Licensing and Compliance.
First appointed in February 2017 and reappointed in February 2022, his second term will also expire in February 2027. - Chidi Ike – Commissioner, Technical Regulation.
Appointed in February 2022, his first term will expire in February 2027. - Yusuf Ali – Commissioner, Research and Data Analytics.
Appointed in February 2022, his first term will expire in February 2027.
To ensure continuity in leadership and regulatory stability, it is essential that the Federal Government decides on the future leadership structure of NERC ahead of the Vice Chairman’s tenure expiration in December 2025.
