Owing to the devolution of regulatory oversight to 16 states, the Nigerian Electricity Regulatory Commission (NERC) on Monday sought the familiarisation of the judges with state electricity regulations.
NERC chairman, Dr. Musiliu Oseni, made the call at the 2026 Judges Seminar organized by and at the National Judicial Institute (NJI) Abuja.
He said, “Without doubt, effective adjudication on such matters will require the familiarisation of my lords with not only the federal laws and NERC regulations but also different states’ laws and regulatory instruments.
“It is our hope that our invited speakers will shed more lights on some of these emerging challenges and offer their perspectives on how such matters may be approached.”
He recalled that both the constitution amendment and Electricity Act in 2023 provide for transition/devolution of regulatory oversights to states. The Commission, he said, has issued transfer Order to 16 states.
Oseni noted that whereas the transition has the potential for strengthening regulatory oversights, through localised experience where the regulator engages the utility not only on the basis of third party’s reports but also based on their own experience, the reform equally comes with its emerging legal challenges such as test of the limit of regulatory jurisdiction between the federal and the state regulators.
He said the Nigerian Electricity Supply Industry (NESI) and the judiciary are moving to matters involving multiple regulators from a sole regulator.
He said, “We are moving from a regime where my lords only deal with the matters involving utilities and NERC as the sole regulator to matters involving multiple regulators.”
Declaring the seminar open, the Chief Justice of Nigeria (CJN) Justice Kudirat Kekere- Ekun said the emergence of sub-national regulation has further added layers of complexity to the legal landscape.
She said increasingly, the courts are called upon to determine the scope of Federal and State authority, reconcile competing regulatory frameworks, and ensure fidelity to the principle of legality.Related News
The CJN said in this context, judicial clarity, consistency, and sound reasoning are imperative.
She called for the judicial vigilance that is essential to ensure that regulatory agencies act within the limits of their lawful authority, striking an appropriate balance between efficient sector management and the protection of constitutional rights and equitable outcomes.
The regulatory environment, she said, also intersects significantly with broader principles of administrative law.
Kekere-Ekun said issues such as ultra vires action, legitimate expectation, procedural fairness, and the judicial review of delegated legislation are central to the adjudication of electricity-related disputes.
According to her, capacity-building programmes such as the ongoing seminar are therefore invaluable, as they equip Judges with the analytical tools and sectoral insight required to navigate these emerging challenges with
confidence and precision.
Meanwhile, the Minister of Power Chief, Adebayo Adelabu said the Nigerian electricity market is undergoing a fundamental transition marked by evolving regulatory structures, increased decentralization and growing overall for sub-national actors.
The director of distribution Mustapha Babaumara, who represented him said the judiciary occupies a pivotal position.
He said the court is not only an arbiter of dispute but also a stabilizing institution that gives certain predictability and credibility to the legal and regulatory framework governing the sector.