The Nigerian Electricity Regulatory Commission (NERC) has called for greater familiarisation of judges with state electricity laws following the devolution of regulatory oversight to sub-national governments.
NERC Chairman, Dr. Musiliu Oseni, made the call on Monday at the 2026 Judges’ Seminar organised by the National Judicial Institute (NJI) in Abuja, noting that effective adjudication now requires understanding both federal regulations and emerging state-level frameworks.
“Effective adjudication on such matters will require the familiarisation of my lords with not only federal laws and NERC regulations, but also the different states’ laws and regulatory instruments,” Oseni said. He expressed hope that discussions at the seminar would address emerging legal challenges and provide guidance on how they may be resolved.
Oseni recalled that the 2023 constitutional amendment and the Electricity Act provided for the transition of regulatory oversight to states, adding that NERC has since issued transfer orders to 16 states.
While the transition could strengthen regulation through localised oversight, he said it also presents legal challenges, including defining the limits of jurisdiction between federal and state regulators. According to him, the judiciary is now dealing with a power sector regulated by multiple authorities rather than a single national regulator.
Declaring the seminar open, Chief Justice of Nigeria, Justice Kudirat Kekere-Ekun, said the emergence of sub-national regulation has added complexity to the legal landscape, with courts increasingly called upon to reconcile competing federal and state powers.
She stressed the need for judicial vigilance to ensure regulatory agencies act within the bounds of the law, balancing efficient sector management with constitutional rights and fairness. She noted that electricity disputes often raise administrative law issues such as ultra vires actions, procedural fairness, and judicial review of delegated legislation.
Justice Kekere-Ekun said capacity-building programmes like the seminar are vital in equipping judges with the expertise required to handle these evolving challenges confidently.
Also speaking, the Minister of Power, Chief Adebayo Adelabu, said the electricity market is undergoing a fundamental transition driven by decentralisation and the growing role of states. Represented by the Director of Distribution, Mustapha Babaumara, the minister said the judiciary plays a critical role in providing stability, predictability, and credibility to the sector’s legal and regulatory framework.
