A dangerous leadership vacuum has engulfed the Nigerian Electricity Regulatory Commission (NERC), where the tenure of the Vice Chairman and several Commissioners expires today, compounding a crisis that began in June when the Chairmanship fell vacant. With the Electricity Act 2023 offering no provision for an Acting Chairman, the Commission now risks operating without a legally recognised head—an unprecedented situation stakeholders warn could plunge the already fragile power sector into a full regulatory shutdown, reports Assistant Editor MUYIWA LUCAS.
A leadership vacuum now grips the Nigerian Electricity Regulatory Commission (NERC) as the tenure of the Vice Chairman and several Commissioners expired yesterday, deepening an institutional crisis that began in June when the Chairmanship position fell vacant. The Electricity Act 2023 does not provide for an Acting Chairman once an incumbent’s tenure lapses, meaning the Commission may, in strict legal terms, operate without a head—an outcome stakeholders warn could trigger a “full regulatory shutdown” in a sector already fraught with instability.
To avert this, President Bola Tinubu had, in August, nominated Abdullahi Garba Ramat—an engineer and former Local Government Chairman—as substantive Chairman, alongside two Commissioner nominees: Abubakar Yusuf for Consumer Affairs and Dr. Fouad Olayinka Animashun for Finance and Management Services. But the confirmation process has stalled in the Senate. Last month, Senate Committee on Media and Public Affairs Chairman, Senator Yemi Adaramodu, disclosed that the upper chamber halted Ramat’s confirmation due to what he described as a “baggage of public and private complaints” surrounding his nomination. According to him, the Senate was “statutorily bound” to step down any nominee under intense public scrutiny, noting that several appointees before now had withdrawn in similar circumstances. He insisted that the National Assembly could not be “dragged into public opprobrium” through allegations—however unproven—such as the widely circulated but unsubstantiated claim of a $10 million bribery scandal linked to the process.
Despite this, pressure continues to mount. On November 11, protesters comprising civil society groups, human rights activists, and supporters of Ramat marched to the National Assembly, demanding the Senate fast-track his confirmation. They expressed frustration that although Ramat had already undergone screening by the Senate Committee on Power, led by Senator Enyinnaya Abaribe, he has yet to be cleared for the role—leaving NERC’s leadership uncertainty unresolved.
Appointment on merit
Checks revealed that 39-year-old Abdullahi Garba Ramat may possess credentials that suggest potential for modernisation. He holds a Doctoral degree (PhD) in Strategic Management and has earned recognition for introducing blockchain-driven revenue systems and energy-efficiency initiatives during his tenure as Chairman of Ungogo Local Government Area, Kano State. Yet, despite these achievements, many stakeholders insist that his lack of direct power-sector experience stands as a significant drawback—one that could undermine his ability to lead Nigeria’s most sensitive regulatory institution.
The Chief Executive Officer of the Centre for the Promotion of Private Enterprise (CPPE), Dr. Muda Yusuf, expressed deep concern over the growing leadership vacuum in NERC. According to him, the electricity sector is already grappling with liquidity crises, widespread metering deficits and persistent operational inefficiencies. In such a fragile environment, a leadership void at the apex regulatory level could stall critical decisions, delay ongoing reforms and further erode investor confidence in a sector in desperate need of stability.
For Yusuf, the position of NERC Chairman cannot be treated casually or politicised. It requires an individual with deep knowledge of the sector, someone who has acquired technical understanding through years of engagement with electricity market dynamics. This, he stressed, must guide appointments at all levels—government, leadership, management and operations. “The sector has gone through a major transition which needs to be managed strategically and competently by operatives who understand the electricity sector,” he warned. “This is not a sector where the quality of personnel or the quality of governance can be compromised. We need to prioritise prompt appointments to fill vacant positions and build a sustainable succession pipeline within the Commission. These are essential for sound regulatory governance.”
Yusuf further emphasised that the electricity industry plays a strategic role in Nigeria’s quest to mobilise private-sector capital, both locally and internationally. Attracting such investments, he noted, demands a regulatory environment that inspires confidence. The calibre of leadership and staff at NERC, therefore, is central to building that trust. He urged the Presidency to critically evaluate all issues surrounding appointments, succession and leadership in the sector. “Nigeria is not short of competent people from every region who can serve effectively. What we must avoid is creating capacity or governance gaps in NERC. This matter requires urgent attention,” he added.
While political debates continue at the National Assembly over NERC’s nominations, experts argue that the real crisis lies in the failure to appoint a substantive Chairman based strictly on merit. According to a critical stakeholder in the electricity space who requested anonymity, “The uproar in the Senate is a distraction. The real problem is the refusal to elevate people within the system who understand the regulatory environment and have the competence required for the job.”
Indeed, since NERC’s creation 20 years ago, the Commission has repeatedly appointed individuals with little or no grounding in the electricity sector as chairmen. In most cases, these appointees have had to rely heavily on long-serving technocrats within the Commission to navigate its complex regulatory and market frameworks. This, industry watchers say, undermines regulatory efficiency and slows down reform implementation. This is why many experts insist that promoting seasoned professionals who have grown through the ranks at NERC would provide greater stability, continuity and technical competence. Over the years, however, appointments into NERC’s leadership have tilted more towards political considerations than technical merit—a pattern analysts warn is dangerous for a sector central to Nigeria’s economic survival.
Even with the comprehensive reforms embedded in the Electricity Act 2023, several economists argue that NERC’s persistent leadership deficiencies remain a key reason for the electricity sector’s recurring failures. Without strong regulatory leadership, they insist, the Act’s intended benefits will remain largely unrealised. The Executive Director of PowerUp Nigeria, a consumer-rights and power-sector advocacy organisation, Adetayo Adegbemle, also expressed worry over the prolonged delay in confirming the Chairman-nominee. According to him, since August—when the President submitted the nominee’s name—the Senate has confirmed several other appointees, yet the NERC nomination remains suspended. “This is a dangerous precedent in a very critical sector,” he warned. “We still do not know whether the nominee will be confirmed or rejected. This uncertainty does not bode well for the health of the power sector.”
Adegbemle stressed that the indecisive approach of government institutions toward such a sensitive regulatory appointment sends the wrong message to investors. In a sector where confidence and predictability are essential, he said, prolonged political delays can discourage investment and stall development. “This is not the time to play politics,” he cautioned. “We have not made significant progress in the sector, and leadership uncertainty only makes matters worse.”
Past occupants and status of current Commissioners
Complicating the ongoing leadership crisis at the Nigerian Electricity Regulatory Commission (NERC) is the sensitive issue of geopolitical balance. A review of historical appointments into the chairmanship shows clear disparities, with several geopolitical zones yet to produce a NERC Chairman in the Commission’s two-decade existence. The North-West has produced Sanusi Garba, who retired in June 2025 after serving as Chairman. The current nominee, Abdullahi Ramat Garba, also hails from the North-West (Kano State), though his confirmation remains stalled in the Senate.
The South-South has produced two past chairmen — Prof. James Momoh from Edo State and Ransom Owan from Cross River State. The South-East has produced Dr. Sam Amadi from Imo State. However, the South-West, North-Central, and North-East have never produced a chairman. This imbalance has fuelled renewed calls for future leadership selections to reflect federal character and ensure a more equitable distribution of strategic national positions. Beyond the chairmanship vacuum, stakeholders are expressing alarm over emerging patterns of tenure violations among commissioners. Section 36 of the Electricity Act 2023 stipulates that the Chairman shall serve a single five-year term, while Commissioners serve four-year terms, with eligibility for reappointment where applicable. Yet, some commissioners appear to have exceeded these statutory limits — a development that could invalidate regulatory decisions taken during the extended period, should any operator legally challenge them.
Among those whose tenure expired on December 1 is Dr. Musiliu Oseni (South-West), the Vice Chairman and Commissioner for Market, Competition & Rates, who bowed out after completing a full 10 years in office across two terms. Also leaving the Commission is Hajiya Aisha Mahmud (North-West), the Commissioner for Consumer Affairs, who has now concluded her first term. But the exits are far from over. A fresh wave of tenure expirations looms between now and early 2026, threatening to further thin out the Commission’s leadership bench. Those nearing the end of their terms include: Nathan Rogers Shatti (North-East), Commissioner for Finance & Management, now in his second and final term; Dafe Akpeneye (South-South), Commissioner for Legal, Licensing & Compliance, also rounding off his second and final term; Dr. Yusuf Ali (North-Central), Commissioner for Planning, Research & Strategy, completing his first term; and Engr. Chidi Ike (South-East), Commissioner for Engineering, Performance & Monitoring, likewise finishing his first term.
The clustering of these expiration dates has amplified fears that the Commission may soon struggle to form a statutory quorum — a legal minimum required to make decisions, issue regulations, approve tariffs, process licences, and carry out other critical regulatory functions. Without timely replacements, stakeholders warn, NERC could be pushed into a state of operational paralysis at a time when the electricity sector can least afford it.
System threatened?
As multiple commissioners depart without new appointees confirmed to replace them, experts warn that Nigeria risks breaching the Electricity Act 2023. Crucially, the Act does not allow for acting appointments for these high-level positions, meaning that once vacated, the seats remain empty until fully appointed and confirmed replacements are in place. “This trend can lead to a regulatory shutdown, endangering electricity market operations, tariff reviews, licensing, consumer protection and market settlement,” a stakeholder cautioned.
Their concerns are grounded in the law. Section 35(1) of the Electricity Act mandates a full board of seven commissioners, appointed by the President and confirmed by the Senate, to constitute the Commission. Section 226 empowers these commissioners collectively to issue regulations and perform all statutory functions. Without the required number of commissioners, regulatory decisions — including crucial processes such as tariff adjustments, dispute resolution, market monitoring, and licensing — risk stalling. Section 33(3) strengthens the Commission’s mandate: “The Commission shall be the apex regulator of the NESI and shall be an independent body in the performance of its functions and exercise of its powers under this Act.” This independence is pivotal to investor confidence, sector governance, and market stability.
Established under the Electric Power Sector Reform Act of 2005 — now replaced by the Electricity Act 2023 — NERC has long played a central role in Nigeria’s electricity sector. Its responsibilities span licensing participants across the value chain, developing technical standards and operating codes, defining consumer rights and obligations, and setting cost-reflective tariffs under frameworks such as the Multi-Year Tariff Order (MYTO). Over two decades, the Commission has contributed significantly to sector growth by expanding generation and network capacity through licensing, developing market rules, and driving reforms aimed at efficiency and transparency. These achievements have been anchored on rule-based governance and robust stakeholder engagement.
However, experts warn that the current leadership gaps threaten to erode these gains. Without prompt, merit-based appointments and adherence to tenure provisions, NERC’s institutional progress — built painstakingly over 20 years — could collapse rapidly. The consensus among stakeholders is clear: restoring stability at NERC is not just an administrative necessity but an urgent national priority.
