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The credibility and independence of Nigeria’s regulatory institutions have again come under scrutiny following the controversy surrounding the appointment of Engineer Abdullahi Ramat as the Acting Chairman of the Nigerian Electricity Regulatory Commission (NERC).
The Utilities Consumers Rights Advocacy Initiative of Nigeria (UCRAI) has strongly faulted Ramat’s assumption of office on August 8, 2025, describing it as a breach of due process and a violation of the Electricity Act, 2023.
The advocacy group has formally petitioned the Attorney General of the Federation and Minister of Justice, Lateef Fagbemi, seeking an urgent review of the legality of Ramat’s position and any decisions already taken under his leadership.
In a petition signed by UCRAI’s Principal Partner, Akinbodunse Shadrack, the group argued that Ramat’s assumption of duty before undergoing Senate screening and confirmation, as mandated by law, was “illegal and unconstitutional.”
The group referenced the Presidency’s official announcement on August 7, 2025, which named Ramat as Chairman-designate alongside two commissioners-designate.
That statement also clarified that their appointments remained subject to Senate confirmation.
However, within 24 hours, Ramat resumed office, an action the advocacy group insists contravenes Section 34(2) of the Electricity Act, 2023.
“Engr. Ramat’s assumption of office without Senate confirmation is a direct violation of statutory procedure,” Shadrack noted.
“This undermines the integrity of NERC as a regulator and creates uncertainty for investors in Nigeria’s fragile electricity market.”
Analysts warn that the development raises serious concerns about institutional credibility in Nigeria’s power sector.
NERC, as the primary regulator for electricity distribution companies (DisCos) and generation companies (GenCos), plays a pivotal role in enforcing compliance, stabilising tariffs, and guiding sectoral reforms.
Any perception of illegal leadership or disregard for due process could erode confidence in NERC’s authority and by extension, the Nigerian electricity market.
With billions of dollars invested in ongoing generation and distribution projects, experts say that regulatory instability could deter both foreign and local investors.
“The Nigerian power sector already grapples with liquidity crises, inadequate infrastructure, and inconsistent reforms,” said an industry insider.
“The last thing investors want to see is a regulator with questionable legitimacy. Regulatory certainty is the backbone of investor trust.”
The advocacy group further warned that if not reversed, Ramat’s assumption of office could set a dangerous precedent for leadership appointments at other regulatory agencies.
They insist that strict adherence to Senate confirmation procedures is essential to protect the independence of NERC and to sustain reforms under the Electricity Act.
“Undermining statutory processes weakens institutional integrity,” UCRAI stressed in its petition.
“NERC’s role is too strategic to Nigeria’s economic development to allow shortcuts in leadership appointments.”
The group urged the Attorney General to review and nullify all decisions taken by Ramat in his capacity as Acting Chairman pending proper Senate confirmation.
Nigeria’s electricity sector remains one of the most challenged in Africa, with over 43 per cent of the population lacking reliable access to power, according to the World Bank.
Despite successive reforms, the sector has struggled with regulatory gaps, inadequate private sector investment, and tariff disputes.
Observers argue that credibility at the top of NERC is critical to addressing issues such as:
Ensuring DisCos and GenCos comply with regulations
Strengthening tariff frameworks to attract private investment
Driving renewable energy integration in line with global trends
Managing liquidity and debt crises affecting market stability
Without a legitimate, Senate-approved leadership, stakeholders fear that efforts to reposition the sector for sustainable growth could stall.
The UCRAI emphasised that beyond the immediate controversy, Nigeria must strengthen the appointment process for regulatory heads to guarantee transparency, professionalism, and independence.
This, they argue, will reinforce investor confidence and ensure that regulatory bodies are insulated from political interference.
As the controversy unfolds, all eyes are now on the Attorney General and the Senate to clarify Ramat’s legal standing and safeguard NERC’s institutional integrity.
For Nigeria’s electricity sector, which continues to be central to industrial growth, job creation, and overall economic recovery, institutional credibility at NERC is not just desirable—it is indispensable.