Joseph Bakare
The Nigerian Electricity Regulatory Commission (NERC) on Monday organised a seminar for judicial officers to enhance their understanding of the Nigerian electricity sector’s dynamics.
This seminar, held in collaboration with the National Judicial Institute (NJI) at the NJI Complex in Abuja, with the aim to strengthen the knowledge and capacity of judges.
In his welcome remarks, NJI Administrator Hon. Justice Salisu Garba expressed confidence in the seminar, noting it as a platform to keep the judiciary updated on the electricity sector’s dynamics.
“Ultimately, we are confident that this seminar will not only enhance the knowledge base of your lordships but also foster the spirit of collaboration that contributes to the sustainable development of the Nigerian electricity sector,” he said.
NERC Chairman Sanusi Garba, represented by NERC Vice Chairman Dr. Musiliu Oseni, emphasized the importance of sustaining such seminars for judicial officers.
“Investments follow the path to recovery, and if investors are not confident in judicial interpretation of the law or fear for their investments, they may not be willing to invest sufficiently to promote the progress we all desire in improving Nigeria’s electricity performance.
It is crucial for us to continuously engage with the judiciary to provide sufficient understanding and ensure we all work together for the industry’s success,” stated Garba.
He said “the past experience has shown that the judiciary can make or mar the sector, with respect to some previous judicial pronouncements, be it issuance of ex-parte order or complete pronouncement of judicial decision. We’ve experienced a lot of issues that have shaped the development of this sector.
“An example of which is the critical case of the Manufacturing Association of Nigeria case in 2015, which up to today we are still suffering the impact of the judicial pronouncement that was made as far back as a decade ago.
“A similar case is also a case of Toluwani, which was instituted in Lagos, which was in 2016 and the pronouncement was made by the court, which was based on an ex-parte motion, and it took the court of appeal in 2019 to vacate the judicial pronouncement that was made by the lower court.
“During that period, the commission was rendered ineffective. We all know that whether we like it or not, investments follow the path to recovery. If investors are not confident of the judicial interpretation of the law, or probably they are afraid of what may become of their investments, there is no way they will be willing to make investments that will be proper or enough for us to have sufficient progress that we all desire with respect to the improvement in performance of electricity in Nigeria.
“It is on this basis that we feel that it is important for us to continuously engagement with the judiciary to ensure that sufficient understanding is made in order to ensure that we all work together for the success of this industry and for the success of Nigeria at large.
“We are all affected by the challenges bedevilling the power sector in Nigeria. We all want to improve electricity in our families, homes, offices and businesses, and we can only do it by ourselves. On this basis, we would like to appeal to my lordship that whatever discussion that will be heard in the next three days, we hold that discussion with an open mind… Nobody is here to sway your decision or your judicial interpretation of any law, but to just interact with you so that you can have sufficient understanding of the technical nature of this industry, as well as how powerful any decision you are making with respect to this industry is,” he said.
Among the dignitaries delivering goodwill remarks was the Attorney General of the Federation and Minister of Justice, Prince Lateef Fagbemi.
He commended NERC for organizing the seminar, stating, “This seminar provides an invaluable platform for their lordships to deepen their understanding of the complexities of the electricity sector.”
He stressed the judiciary’s role as an arbiter to ensure that all stakeholders, including government agencies, private investors, and electricity users, can work together to achieve reliable and efficient electricity supply for socio-economic activities.
Deputy Chairman of the House Committee on Power, Joshua Gana, highlighted the seminar’s importance and reiterated the National Assembly’s support for actions that improve electricity supply in Nigeria.
President of the Nigerian Bar Association, Afam Osigwe SAN, noted that several regulations and frameworks are in place to ensure optimal electricity supply and that the seminar’s discussions were timely.
Chief Justice of Nigeria, Hon. Justice Kudirat Motonmori Olatokunbo Kekere-Ekun, delivered the keynote address, emphasizing the seminar’s significance. She noted that it built upon fruitful discussions from a similar engagement last year, where participants discussed reforms introduced by the Constitution and the Electricity Act 2023 and the judiciary’s role in navigating the evolving legal framework in the electricity supply industry.
“The Nigerian electricity sector stands at a crucial inflection point as it undergoes a transformation driven by decentralized renewable energy innovations, increased investment in off-grid and solar mini-grid solutions, and the emergence of a dual-led electricity market framework. These developments are reshaping not only how power is generated and distributed but also how regulatory and contractual relationships are conceived, monitored, and enforced. Against this background, the judiciary must be prepared to meet new demands,” stated Justice Kekere-Ekun.
Justice Kudirat Kekere-Ekun, called on the judiciary to take proactive stance in enforcing safety regulations in the Nigerian Electricity Supply Industry (NESI).
Her charge follows NERC’s latest reports of the sector, revealing an alarming rate of 112 electricity-related deaths and 95 injuries in 2024 alone.
Speaking, the CJN said operators who fail to comply with safety regulations must be held accountable, while victims and their families must be accorded the justice they deserve.
“The safety of our citizens must never be treated as incidental. It is a legal and moral imperative,” she added.
Hon. Kekere-Ekun noted that the role of the judiciary extends well beyond dispute resolution, as it is also called upon to interpret legislation, oppose statutory and constitutional mandates, and ensure that justice is administered equitably in a rapidly changing sector.
“The role remains undiminished. Indeed, it grows more urgent as judicial interpretations increasingly serve as precedents that influence investor confidence, promote regulatory consistency, and protect consumer rights,” she added.
The CJN underscored the crucial role of the judiciary in ensuring that regulatory bodies such as the NERC operate within the bounds of the law.
“NERC’s statutory responsibility includes the issuance of subsidiary legislation, the setting of rates, and adjudication of industry-related disputes. While these powers are necessary for efficient regulation, they must be exercised in a manner that is procedurally fair, transparent, and subject to judicial oversight.
“Accordingly, the Courts must remain vigilant in their review of delegated legislation to guard against arbitrariness, protect the doctrine of legitimate expectation, and uphold public participation as a tenet of regulatory governance.
“In so doing, we give life to the rule of law and promote a legal environment conducive to sustainable development,” she said.
Affirming that the Nigerian electricity sector is undergoing a significant transformation driven by decentralized renewable energy innovations, increased investments in off-grid and solar mini-grid solutions, and the emergence of a dual electricity market framework, the CJN said these developments are reshaping not only how power is generated and distributed, but also how regulatory and contractual relationships are conceived, monitored, and enforced.
Against this background, she maintained that the Judiciary would be prepared to meet new demands, underscoring the importance of the seminar.
Also speaking, the Attorney General of the Federation and Minister of Justice, Prince Lateef Fagbemi SAN, said the electricity sector remains a cornerstone of the nation’s socio-economic development, touching every facet of life – providing energy needed for industrialization, innovation, and improved living standards.
The Attorney General said the dynamic reforms in the sector is faced with complex legal and regulatory challenges that demand deep understanding and collaboration.
He explained that the changes demand not only legislative attention but also proactive judicial engagement to ensure fairness and accountability in navigating the transformation.
While emphasising the role of the judiciary in the evolving landscape, the Minister of Justice said, swift and informed determination of electricity-related cases was vital to maintaining investor confidence, and ensuring uninterrupted service delivery.
“By its role in interpreting and enforcing the provisions of the Electricity Act, 2023and other associated laws as may be enacted by the States, the judiciary serves as a cornerstone of justice, consumer protection, safeguarding investments, market development, fairness, and accountability in the sector.
“The judiciary also contributes its quota as an arbiter, to ensure that all stakeholders inclusive of government agencies, private investors, electricity users generally can work together to achieve the vision of a reliable and efficient electricity supply required to power socio-economic activities,” he said.