The Chief Justice of Nigeria (CJN), Justice Kudirat Kekere-Ekun, has said Nigeria’s electricity sector is undergoing a profound transformation driven by constitutional amendments, legislative reforms and evolving regulatory structures, with far-reaching implications for the judiciary.
Justice Kekere-Ekun, who is also Chairman of the Board of Governors of the National Judicial Institute (NJI), made the remarks on Monday at the opening ceremony of the Seminar on Legal Issues in the Regulation of the Electricity Sector for Judges, organised by the NJI in collaboration with the Nigerian Electricity Regulatory Commission (NERC) in Abuja.
She described the seminar as timely, noting that it comes at a critical juncture marked by far-reaching regulatory reforms, rapid technological advancements and an increasing demand for judicial clarity and coherence in the interpretation and application of electricity laws.
According to the CJN, legislative reforms, policy innovations, increased private sector participation and the gradual decentralisation of regulatory authority to state-level institutions have significantly expanded the complexity of legal questions now before the courts.
“The Nigerian electricity sector, as we are all aware, is undergoing profound transformation. This transformation is being driven by legislative reforms, policy innovations, increased private sector participation, and the progressive decentralisation of regulatory authority to State-level institutions.
“These developments have significantly expanded the complexity of legal questions brought before our courts, making judicial familiarity with sector-specific regulations and practices not merely desirable, but indispensable. The judiciary, therefore, bears a critical responsibility to interpret statutes, review regulatory decisions, and resolve disputes in a manner that promotes legal certainty, economic efficiency, and public confidence in the justice system,” she said.
Justice Kekere-Ekun stressed that judicial officers play a pivotal role in interpreting the provisions of the Electricity Act, reviewing regulatory actions and ensuring that regulatory bodies operate strictly within the limits of their statutory mandates.
She further noted that the constitutional empowerment of states to enact their own electricity laws and establish local regulatory authorities has introduced new layers of complexity into the legal landscape.
“Increasingly, our 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. In this context, judicial clarity, consistency, and sound reasoning are imperative.
“Capacity-building programmes such as this 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,” she explained.
The CJN also underscored the importance of judicial oversight in ensuring safety, reliability and quality of service in the electricity sector, warning that operational failures by electricity providers could lead to severe economic disruption, personal injury and loss of life.
“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. Judicial vigilance 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,” she added.
In his remarks, the Attorney General of the Federation and Minister of Justice, Lateef Fagbemi, said ongoing reforms in the electricity sector hold immense potential for attracting investment and strengthening Nigeria’s power market.
He noted that the seminar was taking place at a pivotal moment following constitutional and legislative reforms that have fundamentally reshaped the regulatory framework of the sector.
Fagbemi explained that the new Electricity Act empowers states to enact laws for the generation, transmission and distribution of electricity within areas covered by their respective electricity grids, laying the foundation for a decentralised and more responsive electricity governance structure.
“The Act establishes a comprehensive architecture for decentralisation of regulatory authority, the creation of state electricity markets and regulators, and a clear demarcation of federal and subnational responsibilities across the electricity value chain.
“It further strengthens consumer protection, promotes healthy competition and enhances regulatory certainty throughout the sector,” he said.
The Attorney General reaffirmed the federal government’s commitment to electricity sector reform, adding that the government would continue to work with states, regulators and other stakeholders to ensure the reforms translate into improved power supply.
In his welcome address, the Chairman of NERC, Dr. Musiliu Oseni, highlighted key gains recorded in the sector as a result of ongoing reforms.
He said the Nigerian Independent System Operator (NISO) was created from the Transmission Company of Nigeria (TCN) to ensure transparency in grid management, enhance operational efficiency and boost investor confidence.
Oseni disclosed that one major outcome of the separation was the successful test synchronisation of the Nigerian grid with other West African countries through the West African Power Pool (WAPP), adding that full synchronisation is expected.
He also revealed that the free distribution of prepaid meters to unmetered customers has commenced nationwide, in line with a commitment made by the President.
According to him, NERC has intensified oversight of the Supervisory Control and Data Acquisition (SCADA) project aimed at addressing recurring incidents of grid collapse.
Also speaking, Chairman of the Senate Committee on Power, Senator Enyinnaya Abaribe, said the National Assembly remains committed to strengthening the electricity sector through legislation and oversight.
“As lawmakers, our mandate is to foster reforms through constitutional amendments, the enactment of the Electricity Act 2023 and the ongoing amendments to the Act,” Abaribe said.
He explained that the reforms are designed to boost electricity supply, integrate renewable energy, promote competition and reduce disputes among federal, state and private sector players.
“The Electricity Act 2023 consolidates and modernises the legal framework of the sector, including clear provisions for structured dispute resolution mechanisms in electricity-related matters,” he added.
Abaribe noted that emerging conflicts in the decentralised electricity market underscore the need for robust legal interpretation and regulatory clarity.
“You supply electricity, a subnational entity takes it and refuses to pay, claiming independence. These are the kinds of issues the judiciary will increasingly have to address,” he said.
He further disclosed that the Senate is working on amendments to the Electricity Act to address gaps such as stiffer penalties for infrastructure vandalism and improved coordination between federal and state regulators.
“Your insights as judges will be crucial to interpreting complex regulatory instruments, contracts and tariff structures, so that we can reduce disputes, improve stability and build a more robust electricity market,” Abaribe said.
The Minister of Power, Bayo Adelabu, represented by the Director of Distribution, Mustapha Baba Umara, said the judiciary plays a stabilising role in the electricity market by providing predictability and credibility to the legal and regulatory framework.
