Tinubu’s NERC Nominee Takes Office Amid Legal Controversy

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The appointment of Dr. Abdullahi Ramat as the new Chairman of the Nigerian Electricity Regulatory Commission (NERC) has sparked heated controversy in the power sector after he assumed office without the constitutionally required Senate confirmation.

Ramat, a former Chairman of Ungogo Local Government in Kano State, was nominated by President Bola Tinubu on August 8 as the replacement for Engr. Sanusi Garba, whose tenure was cut short despite having nearly four years left. However, stakeholders have described Ramat’s early resumption as “illegal” and a “dangerous precedent” for Nigeria’s electricity market.

Conflicting Presidential Directives

The controversy deepened after the Presidency released two contradictory statements. In the first, presidential spokesman Bayo Onanuga said Tinubu directed Ramat to assume office in an acting capacity to prevent a leadership vacuum. But a reissued statement later clarified that Ramat and other nominees should wait until Senate confirmation, with Vice Chairman Musiliu Oseni continuing as Acting Chairman in the meantime.

Despite this reversal, Ramat reportedly stormed NERC’s Abuja headquarters with political associates and security personnel—including a man in military uniform—to take charge. Videos from the event showed him receiving a handover from Oseni on the same day.

Stakeholders Cry Foul

Energy experts and consumer groups have since condemned the move, describing it as a constitutional breach and a blow to investor confidence.

Adetayo Adegbemle, Executive Director of PowerUp Nigeria, said Ramat’s resumption amounted to a “constitutional crisis.” He argued that the NERC Act mandates Senate confirmation before such appointments, warning that decisions taken under Ramat’s leadership could be nullified in court.

“This sends the wrong signals to international investors. Independent, rule-based regulation is non-negotiable for a sector already struggling with liquidity crises and grid instability,” Adegbemle said.

Similarly, the Utilities Consumers Rights Advocacy Initiative of Nigeria petitioned the Attorney-General of the Federation, describing Ramat’s assumption of duty as a violation of the Electricity Act 2023. The group warned that his actions could undermine the validity of tariff reviews, licences, and consumer protections.

Concerns Over Competence and Legitimacy

While Ramat holds a PhD in Strategic Management and experience in governance, critics argue he lacks direct expertise in power-sector operations. A stakeholder who preferred anonymity noted that unlike past NERC leaders, Ramat comes from a political background rather than industry practice.

“This is not the time for NESI to have a student regulator. The sector needs an experienced hand who understands tariff, subsidy, and distribution complexities,” the expert argued.

NERC staff are also reported to be uneasy with the “forceful takeover,” warning that ongoing projects risk being stalled due to legitimacy concerns.

Calls for Urgent Action

Stakeholders have urged President Tinubu to clarify Ramat’s status as merely a nominee until Senate confirmation and for the National Assembly to expedite his screening once it reconvenes in late September.

Adegbemle also called on Ramat to immediately engage investors, consumer groups, and utilities to rebuild trust, while demonstrating a commitment to transparent regulation.

The Road Ahead

For now, the Nigerian power sector faces a delicate situation. If Ramat continues to act without Senate confirmation, it could trigger legal challenges and further weaken confidence in a sector already plagued by poor generation, unstable tariffs, and chronic underinvestment.

As one industry analyst put it: “NERC is a regulator, not a battleground. The credibility of the commission is at stake, and without urgent corrective measures, Nigeria risks deeper crises in its electricity market.”

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