Victor EzejaA group known as the Utilities Consumers Rights Advocacy Initiative of Nigeria has kicked against what it described as the “illegal resumption of office” by Engr Abdullahi Garba Ramat as the chairman of the Nigerian Electricity Regulatory Commission (NERC).
The group has formally petitioned the Attorney General of the Federation (AGF) and Minister of Justice, challenging the resumption of office by Ramat.
Join our WhatsApp ChannelA statement by the Presidency on 7 August 2025 said President Bola Tinubu nominated Ramat as chairman/Chief Executive Officer of NERC.
The president also nominated two others as commissioners for the NERC. They are Mr Abubakar Yusuf, Commissioner of Consumer Affairs and Dr Fouad Olayinka Animashun, Commissioner of Finance and Management Services.
The statement signed by the president’s spokesman, Bayo Onanuga, said “All nominations are subject to Senate confirmation.”
It added that “The commission’s acting chairman will continue to hold his position until the confirmation of the new chairman-designate.”
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However, the consumer advocacy group in its petition, dated 8 August 2025, and received by the AGF’s office on 12 August argued that there is a breach of statutory procedure by Ramat and other appointees.
In the petition, the group alleged that Ramat and another commissioner-designate, Mr. Yusuf Abubakar, unilaterally assumed office without going through the Senate confirmation process as required by law and the constitution.
It pointed out that the act violates provisions of Section 34(2) of the Electricity Act 2023, which explicitly details the procedure for appointing NERC Commissioners.
According to the group, the law stipulates a two-step process: nomination by the President and subsequent confirmation by the Senate, warning that the second second step is critical and any attempts to circumvent it amounts to illegality.
The group called on the AGF to intervene and compel the appointees to withdraw from office until their appointments are confirmed by the Senate in order to fulfil all legal requirements and generally uphold the rule of law.
It also underscored the implication of Ramat’s action on the integrity of NERC as a regulator of the Nigeria electricity sector.
“As the NERC is the apex regulatory body for Nigeria’s power sector, with vast influence over market stability, tariff regulations, and consumer protection, its leadership must be beyond reproach,” the group said.
It expressed concerns about the legality of Ramat’s assumption of office as NERC boss and the validity of any official actions or decisions he may have taken since resumption.
It stressed that operating without the approval of the senate could affect the integrity of regulatory oversight under his tenure.
NERC is an independent regulatory body responsible for overseeing the electricity sector in Nigeria. Its primary functions include: Issuing licenses to operators and investors, ensuring compliance with market rules and operating guidelines, enforcing regulatory decisions, setting and reviewing electricity tariffs and consumer protection among others.
There are concerns that having a leadership that is questionable from a legal standpoint could create chaos and disruption of its activities.
The consumer advocacy group therefore urged the AGF to take urgent action to uphold the rule of law.
