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NERC: Nigeria’s Power Regulatory System in Disarray — Experts

Nigeria’s power regulatory framework is facing an unprecedented crisis, and experts say the system has all but collapsed due to years of weak leadership and politically motivated appointments.

For over 20 years, appointments into the leadership of the Nigerian Electricity Regulatory Commission (NERC) have tilted more towards politics than technical merit, a trend analysts describe as dangerous for a sector that sits at the heart of Nigeria’s economic stability.

Despite the extensive reforms provided under the Electricity Act 2023, many economic analysts who spoke with this medium insist that NERC’s persistent leadership deficiencies remain a primary reason for the sector’s recurring failures.

Since the commission’s creation two decades ago, NERC has repeatedly appointed individuals with little or no sectoral grounding as chairmen. In each case, these leaders have had to rely heavily on long-serving senior management staff to navigate the complex regulatory terrain.

Experts argue that appointing political figures — including the current appointee who is a former local government chairman to head a body as technical as NERC is “abnormal” and grossly misaligned with best practices. They believe that seasoned professionals who have grown through the ranks within the commission would bring far more stability and technical competence to the commission.

National Assembly Turmoil Masks a Deeper Problem

While the National Assembly engages in politically charged debates over NERC nominations, experts say the real crisis lies in the Executive’s failure to appoint a qualified substantive Chairman in a timely and merit-driven manner.

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“The uproar in the Senate is a distraction,” one energy economist said. “The real problem is the refusal to look inward and elevate people who understand the system.”

A Looming Leadership Vacuum

Nigeria may be on the verge of a full regulatory shutdown. By December 1, 2025, both the Chairman and Vice Chairman as well as some commissioners’ positions at NERC will be vacant. The Electricity Act does not provide for an Acting Chairman once both offices are empty.

This means the Commission may legally have no leadership whatsoever unless the President urgently appoints a new set of substantive commissioners.

Compounding the issue is the principle of geopolitical balance. Analysts note that several zones have never produced a NERC Chairman, yet new nominations appear to ignore this imbalance.

Zonal Breakdown of Past and Current Chairmanship Appointments

North West:Sanusi Garba (Chairman, retired June 2025 — Katsina State)

Current nominee: Abdullahi Ramat Garba (Kano State, not yet confirmed)

South South: Prof. James Momoh (Edo State), Ransom Owan (Cross River State)

South East: Dr. Sam Amadi (Imo State)

Yet to produce a Chairman: South West, North Central and North East.

Experts warn that disregarding these zones again could deepen political tensions and weaken the Commission’s legitimacy.

Statutory Tenure Requirements

The Electricity Act 2023 stipulates a 5-year tenure for Chairman and 4-year tenure for Commissioners. All reappointments must be made before the expiration of ongoing terms (Section 36).

Status of Current Commissioners:

Expiring December 1, 2025

Dr. Musiliu Oseni (South West)

Vice Chairman / Commissioner for Market, Competition & Rates

Serving second term; completes 10 cumulative years.

Hajiya Aisha Mahmud (North West)

Commissioner for Consumer Affairs

Serving first term; expires December, 2025.

Expiring February 2026

Nathan Rogers Shatti (North East)

Commissioner, Finance & Management — second and final term

Dafe Akpeneye (South South)

Commissioner, Legal, Licensing & Compliance — second and final term

Dr. Yusuf Ali (North Central)

Commissioner, Planning, Research & Strategy — first term

Engr. Chidi Ike (South East)

Commissioner, Engineering, Performance & Monitoring — first term

Will the System Collapse?

With multiple terms ending within months of one another, and with no acting mechanism to keep the regulatory system running, analysts warn that Nigeria may experience a total regulatory shutdown, endangering electricity market operations, tariff reviews, licensing, consumer protection, and market settlement.

However, experts urge President Bola Tinubu to act fast and looking inwards into the Commission to source qualified and technically sound experts into Board of the Commission, especially as both the Chairman and Vice Chairman as well as some commissioners’ positions at NERC will soon be vacant.

They stress that only urgent, merit-based, regionally balanced appointments — consistent with the Electricity Act — can prevent further disarray.

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