NERC seeks judiciary support for electricity market reforms

THE Nigerian Electricity Regulatory Commission (NERC) is seeking vital regulatory and legal support from the judiciary to grow the country’s electricity market as states gradually take more responsibility in the ongoing power sector reforms.  

The partnership is on the heels of the growing electricity market supported by the Electricity Act 2023, which has gradually handed over regulatory responsibilities and sectoral investments to states across the federation.

The regulator requested the collaboration on Tuesday, February 10, in Abuja at the ongoing sixth Seminar on the Nigerian Electricity Supply Industry (NESI) for judicial officers.

Speaking on the theme titled: “Nigeria’s Electricity Market in Transition: Law, Regulation and the Courts,” the NERC Chairman Musiliu Oseni said the event provided a strong platform for meaningful engagement with the judiciary on the progress and challenges within the Nigerian power sector.

“The seminar aims to stimulate discourse on emerging legal issues relevant to the Nigerian Electricity Supply Industry (NESI),” he said.

Commenting on key sector reforms in 2025, Oseni listed the creation of the Nigerian Independent System Operator (NISO) Limited from the Transmission Company of Nigeria (TCN) to ensure transparency in grid management and operations. With this, he said Nigeria achieved a successful test synchronisation of the national grid with other West African countries through the West African Power Pool (WAPP).

“I am glad to report that the free distribution of prepaid meters to unmetered customers has fully commenced, in fulfilment of the promise made by Mr. President,” Oseni added.

Providing an update on the ongoing transition to a multi-tier electricity market, the NERC boss noted that his commission had issued transfer orders to 16 states, noting that, “we are moving from a regime where my lords only deal with matters involving utilities and NERC as the sole regulator, to matters involving multiple regulators.

“Without doubt, effective adjudication on such matters will require the familiarisation of my lords with not only the federal laws and NERC regulations but also different states’ laws and regulatory instruments.”

Oseni thanked the Chief Justice of Nigeria (CJN), President of the Court of Appeal, Chief Judge of the Federal High Court, and the Attorney General of the Federation for the recently approved practice direction for the NESI, adding that “it will provide essential legal clarity for resolving industry matters.”

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The Minister of Justice and Attorney General of the Federation, Lateef Fagbemi, at the event, disclosed that the judiciary was strategic in the electricity reforms journey, as a guardian of the law.

According to the Attorney-General, the decentralisation of electricity regulation has introduced new areas of adjudication in electricity sector jurisprudence.

The Chairman, Senate Committee on Power, Enyinnaya Abaribe, delivered a goodwill message, disclosing that lawmakers had a mandate to foster reforms through legislative interventions, such as the recent constitutional amendments, the enactment of the Electricity Act, 2023, and the proposed amendments to the Act.

“These specific sector reforms will boost our electricity supply, integrate renewable energy, promote competition, increase access to affordable electricity, and mitigate disputes between state, federal, and private entities in the electricity sector,” he said.

The Minister of Power, Adebayo Adelabu, represented by the Director, Distribution Services at the Federal Ministry of Power, Baba Umara Mustapha, said, “This seminar is a potent platform for constructive engagement between the judiciary and power-sector officials to discuss the legal, commercial, and regulatory dynamics of the power sector.”

He further noted that with a clear understanding of the judiciary’s role, reforms in the electricity sector would be more successful.

In her keynote address, the Chief Justice of Nigeria, Kudirat Kekere-Ekun, commended the NERC-NJI collaboration, noting that through programmes such as this seminar, the NJI continued to reaffirm its commitment to strengthening judicial capacity, promoting professional excellence, and enhancing public confidence in the courts.

“I am confident that the deliberations and insights generated during this seminar will have a lasting and positive impact on judicial practice and the development of sound electricity-sector jurisprudence,” said the CJN.

 

Harrison Edeh is a journalist with the International Centre for Investigative Reporting, always determined to drive advocacy for good governance through holding public officials and businesses accountable.

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