Economy

NERC Urges Judges to Familiarise Themselves with State Electricity Regulations

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ABUJA — The Nigerian Electricity Regulatory Commission (NERC) on Monday urged judges to deepen their understanding of state electricity regulations amid the ongoing devolution of regulatory oversight to 16 states.

NERC Chairman, Dr. Musiliu Oseni, made the call at the 2026 Judges Seminar organised by the National Judicial Institute (NJI) in Abuja. He emphasized that effective adjudication in electricity matters now requires familiarity not only with federal laws and NERC regulations but also with the laws and regulatory instruments of individual states.

Oseni highlighted that the 2023 Constitution amendment and the Electricity Act facilitated the transfer of regulatory powers to states. While the reform promises stronger oversight through localized engagement with utilities, it also presents legal challenges, particularly concerning the limits of federal and state regulatory jurisdiction.

“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,” Oseni said, noting the judiciary’s growing role in navigating these complex frameworks.

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Opening the seminar, Chief Justice of Nigeria (CJN) Justice Kudirat Kekere-Ekun observed that sub-national regulation adds layers of legal complexity. Courts are increasingly tasked with reconciling competing regulatory frameworks, determining the scope of federal and state authority, and ensuring regulatory actions respect constitutional principles.

She stressed the importance of judicial vigilance to ensure agencies operate within their lawful authority, balancing efficient sector management with protection of rights. She highlighted issues such as ultra vires actions, procedural fairness, and judicial review of delegated legislation as central to electricity dispute adjudication.

Minister of Power Chief Adebayo Adelabu, represented by Director of Distribution Mustapha Babaumara, added that the judiciary provides stability, predictability, and credibility to Nigeria’s evolving electricity market.

The seminar is part of ongoing capacity-building programmes designed to equip judges with the analytical tools and sectoral knowledge to manage disputes confidently and ensure regulatory compliance across federal and state jurisdictions.

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