Judges Urged to Master State Electricity Laws as Power Regulation Decentralises

SAMUEL MOBOLAJI

The Nigerian Electricity Regulatory Commission (NERC) has called on judges to familiarise themselves with emerging state electricity laws and regulations following the decentralisation of power sector oversight to subnational authorities.

NERC Chairman, Dr Musiliu Oseni, appealed on Monday at the 2026 Judges Seminar organised by the National Judicial Institute (NJI) in Abuja.

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He said effective adjudication of electricity-related disputes would now require judges to be conversant not only with federal statutes and NERC regulations but also with the diverse electricity laws enacted by states.

“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,” Oseni stated.

He explained that the 2023 constitutional amendment and the Electricity Act provided the legal framework for the transition of regulatory oversight from the federal level to the states. So far, NERC has issued transfer orders to 16 states, marking a significant shift in Nigeria’s electricity governance.

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Oseni noted that while decentralisation could strengthen oversight through localised supervision and closer engagement with utilities, it also presents new legal challenges, including defining the limits of jurisdiction between federal and state regulators.

Declaring the seminar open, the Chief Justice of Nigeria (CJN), Justice Kudirat Kekere Ekun, said the emergence of subnational electricity regulation has added new layers of complexity to the legal landscape.

Courts, she said, are increasingly being called upon to determine the scope of federal and state authority, reconcile competing frameworks, and ensure adherence to legality.

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She stressed that judicial vigilance is essential to ensure regulatory agencies operate within lawful authority while balancing efficient sector management with constitutional rights.

Electricity regulation, she added, intersects with broader principles of administrative law, including ultra vires actions, legitimate expectation, procedural fairness, and judicial review of delegated legislation.

The CJN said capacity-building programmes such as the seminar are invaluable in equipping judges with the analytical tools and sector-specific insight needed to navigate emerging challenges with confidence.

Meanwhile, the Minister of Power, Chief Adebayo Adelabu, represented by the Director of Distribution, Mustapha Babaumara, said Nigeria’s electricity market is undergoing a fundamental transition marked by evolving regulatory structures, increased decentralisation, and a growing role for subnational actors.

He emphasised that the judiciary occupies a pivotal position in ensuring stability and legality during this transition.