The Utilities Consumers Rights Advocacy Initiative of Nigeria has formally petitioned the Attorney General of the Federation (AGF) and Minister of Justice, challenging what it describes as the ?illegal resumption of office? by Abdullahi Garba Ramat as the chairman of the Nigerian Electricity Regulatory Commission (NERC).

The petition, dated August 8, 2025, and received by the AGF?s office on August 12, shines a critical light on a perceived breach of statutory procedure and institutional integrity at a time when the nation?s power sector is in desperate need of stability.

The group?s petition, a copy of which was made available to our correspondent, alleges that Engr Ramat and another commissioner-designate, Mr. Yusuf Abubakar, unilaterally assumed their new roles on Friday, August 8, 2025, without fulfilling the constitutionally and statutorily mandated process of Senate confirmation.

This, the group argues, is a direct contravention of the Electricity Act 2023. The consumer advocacy body, committed to promoting lawful governance and transparency, stated it was ?surprised? by the development, especially after an earlier publication by the Presidency had been clarified.

The petition references a public statement from the official X (formerly Twitter) account of the Presidency, dated August 7, 2025.

This statement, according to the group, clearly outlined that the nominations of all three individuals, Engr. Ramat as Chairman-designate, and Messrs. Yusuf Abubakar and Fuad Animashaun as commissioners-designate, were ?SUBJECT TO SENATE CONFIRMATION.?

The Initial press release had suggested an immediate resumption, but the swift clarification from the Presidency indicated a pause was necessary until the confirmation process was complete. The alleged resumption of office by Ramat and Abubakar just a day later has thus ignited a storm of controversy.

The petition frames the resumption as a significant ?Violation of Statutory Process.? It pointedly cites Section 34(2) of the Electricity Act 2023, which explicitly details the procedure for appointing NERC Commissioners.

This procedure is a two-step process: nomination by the President and subsequent confirmation by the Senate. By circumventing this critical second step, the group contends, Engr. Ramat?s assumption of the role is ?both illegal and unconstitutional.?

This legal argument is at the core of the group?s appeal to the AGF, who is the principal legal adviser to the Federal Government. The group is essentially asking the AGF to intervene and uphold the rule of law by compelling the immediate withdrawal of the appointees until their confirmation is secured.

Beyond the legal technicalities, the petition also raises profound ?Breach of Institutional Integrity? concerns.

?As the NERC is the apex regulatory body for Nigeria?s power sector, with vast influence over market stability, tariff regulations, and consumer protection, its leadership must be beyond reproach,? the group said.

Any shadow of illegality or unconstitutional action, the group argues, erodes public trust and compromises the integrity of the institution itself.

The consumer group expresses ?deep concerns regarding the legality of his assumption of office, the validity of any official actions or decisions he may have taken since resumption, and the integrity of regulatory oversight under his tenure (without the approval of the senate).?

A legal analyst, who spoke on condition of anonymity due to the sensitive nature of the issue, noted that the petition?s argument holds significant legal weight.

?The principle of separation of powers is fundamental to our democracy,? the analyst said. ?The Senate?s confirmation role is not a mere formality; it is a constitutional check on the executive?s power. If a nominee for such a critical position bypasses this check, it sets a dangerous precedent. Any decision, any policy, any directive issued by the Chairman in this interim period would be vulnerable to legal challenge, creating a state of regulatory uncertainty that is detrimental to the entire sector and to consumers.?

The analyst added that the AGF?s response would be closely watched, as it would signal the government?s commitment to due process.

The implications for the power sector are vast.

NERC?s mandate is to regulate the Nigerian Electricity Supply Industry (NESI), including issuing licenses, monitoring market performance, and protecting consumer interests. The legitimacy of the person at the helm is paramount to these functions.

A situation where the leadership?s legal standing is questioned could lead to a lack of confidence from local and international investors, as well as operational confusion for DisCos and GenCos.

For the average Nigerian consumer, it could mean that crucial decisions on issues like electricity tariffs and meter rollout plans could be invalidated in the future, leaving them in a state of flux.

The petition further underscores the consumer group?s commitment to institutional accountability. The group?s previous work has focused on public education and advocacy for consumers? rights, and this latest action demonstrates their willingness to take a firm stand on governance issues that directly impact the electricity sector.

The petition concludes by urging the AGF to ?take immediate and necessary actions to uphold the rule of law and the constitutional integrity of the Nigerian Electricity Regulatory Commission.?

As of press time, there has been no official statement from the office of the Attorney General of the Federation regarding the petition. (BusinessDay)

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