The decision of the newly-nominated Chairman of the Nigerian Electricity Regulatory Commission (NERC), Abdullahi Ramat, to assume office before the statutory approval of the Nigerian Senate, is generating controversy among stakeholders in the power sector, DARE OLAWIN reports.

The leadership change at the Nigerian Electricity Regulatory Commission (NERC) has triggered debates among stakeholders in the Nigerian electricity supply industry, as many called into question the rationale behind what they called Ramat’s hasty assumption of office as the Chairman of NERC, even before his appointment was considered by the National Assembly. While some agreed that President Bola Tinubu has the power to appoint anyone he likes into any office, they argued that this must be done within the precinct of the law and the safety of the highly sensitive power sector.

Ramat, a former Chairman of the Ungogo Local Government Area in Kano State, was nominated for the NERC chairmanship position by Tinubu on August 8, according to a statement by the Special Adviser to the President on Information and Strategy, Bayo Onanuga. His nomination came when the immediate past chairman, Sanusi Garba, who assumed office in December 2020 for a five-year tenure, was relieved of his position with about four years before the end of his tenure. Ramat was brought in as his replacement.

Before the announcement by Onanuga, a photo surfaced on the internet, showing the Minister of Power, Adebayo Adelabu, presenting a letter of appointment to Ramat. At the time Ramat was nominated, the NERC Vice Chairman, Musiliu Oseni, was the Acting Chairman. The controversies surrounding the new chairman’s assumption of office started with the presidency releasing two conflicting press statements. In one statement, Onanuga said Ramat and the other two commissioners appointed with him should assume office to avert a vacuum.

“All nominations are subject to Senate confirmation. However, to avoid a leadership vacuum in the critical regulatory agency, the President directed that Ramat assume office in an acting capacity pending his screening by the Senate, as stipulated by the law,” he said in the first statement.

However, Onanuga, in what he called a reissued statement, said Ramat and others should wait until their appointments were approved by the Senate, stressing that the commission’s acting chairman, who was Oseni, should hold fort till then.

“All nominations are subject to Senate confirmation. The commission’s acting chairman will continue to hold his position until the confirmation of the new chairman-designate.” Onanuga reversed the earlier directive.

But despite the new directive asking the nominees to await senatorial confirmation, the 39-year-old Ramat reportedly stormed the Abuja headquarters of NERC to take over. He was escorted by his political associates and security officers, including a man in military uniform seen in videos standing behind him, raising concerns among operators and stakeholders. Ramat was received by Oseni at a handover ceremony held at the NERC office in Abuja on August 8.

He pledged his dedication to strengthening the power sector, recognizing the expectations of the government, the operators and Nigerians. He said the challenges in the power sector are surmountable if all stakeholders work in harmony.

Ramat urged NERC officials to uphold the highest standards of professionalism and transparency to stabilise the sector. He stated that he would study the books handed over to him in his push to boost power generation, transmission and distribution.

“We thank Mr. President for giving us such a wonderful opportunity. This is a new environment for us, and we are here to learn. We will review all relevant documents and processes to better understand the system before taking action,” he said in a chat with newsmen after his assumption of office.

“We know change won’t happen overnight, but with collective effort, we can enhance the efficiency of the Nigerian Electricity Supply Industry. We are aware of the challenges Nigerians face, and it will not be business as usual. Distribution and generation companies must do the right things,” he added.

Ramat is an electrical engineer and administrator with a PhD in strategic management, among other qualifications.

Speaking on the matter, the Executive Director of PowerUp Nigeria, Adetayo Adegbemle, expressed displeasure over the leadership issues at NERC, saying, “The controversial installation of Abdullahi Ramat as Chairman of the Nigerian Electricity Regulatory Commission has sent shockwaves through the nation’s power sector, revealing deep fractures in governance and threatening to shatter fragile investor confidence.”

According to Adegbemle, Ramat’s “dramatic arrival at NERC headquarters on August 8, 2025, reportedly flanked by political supporters and security personnel, wasn’t merely a leadership transition; it was a constitutional crisis unfolding in real-time.” He stressed that “his forceful takeover, displacing acting leadership despite lacking Senate confirmation and occurring after a retracted presidential directive, blatantly violates the NERC Act (2005).”

Adegbemle maintained that the NERC Act mandates legislative approval for such appointments, making Ramat’s resumption “an assault” on institutional integrity. He noted that the presidency’s subsequent clarification stating that his nomination remained subject to Senate confirmation with the acting chairman retaining authority until then “only highlighted the illegitimacy of the power grab.”

With the Senate recessed until late September, Adegbemle stated that the vacuum invites legal chaos, potentially nullifying future critical decisions on tariffs or licences. He noted that the reaction from investors and industry stakeholders has been one of undisguised alarm. He stressed that operators have rated Ramat’s assumption of office as not just illegal but dangerous, adding that this could lead to the erosion of the confidence of those with billions at stake.

“This sentiment resonates deeply. International partners view independent, rule-based regulation as non-negotiable for capital deployment, especially in a sector grappling with a severe liquidity crisis and the ever-present threat of grid collapse. Ramat’s entry, perceived as regulatory capture orchestrated by shadowy political figures, signals that NERC, the crucial referee, may now be compromised. For the Nigerian electricity supply industry, heavily reliant on foreign investment, this incident risks transforming the sector into a politically toxic asset class, freezing urgently needed investments in generation and distribution infrastructure,” the expert warned.

While admitting that Ramat brings credentials suggesting potential for modernization, a PhD in Strategic Management, experience with blockchain-driven revenue systems, and energy-efficient initiatives from his tenure as Ungogo LGA chairman, he worried that his legitimacy is fatally undermined.

“His lack of direct power-sector experience is compounded by the reliance on political patronage rather than due process for his installation. His popular pledge to compel DisCos and GenCos to ‘do the right thing’ and end consumer exploitation through opaque billing resonates with a frustrated public. However, without confirmed authority, any enforcement actions risk judicial nullification, further delaying essential tariff reforms and consumer protections,” Adegbemle posited.

He disclosed that NERC staff resented the “forceful takeover”, fracturing cohesion and crippling ongoing projects, warning that the commission’s core function, impartial arbitration between consumers, generators, and distributors, is now severely compromised by the chairman’s contested legitimacy.

Making demands, Adegbemle called on Tinubu to clarify that Ramat is just a nominee until he is confirmed by the Senate.

“Restoring stability demands decisive action. First, President Tinubu must publicly and unequivocally reaffirm that Ramat remains only a nominee until Senate confirmation, distancing the administration from this constitutional overreach. Second, the Senate must expedite Ramat’s confirmation hearing upon its return on September 23, subjecting his competence and commitment to NERC’s statutory independence to rigorous scrutiny. Finally, Ramat himself must immediately convene investors, consumer advocates, and utilities, pledging adherence to proper governance and outlining a transparent agenda to rebuild trust.

“In essence, Nigeria’s power sector stands on a precipice. Ramat’s academic promise is overshadowed by the blatant politicisation his accession represents, a recurring malaise crippling NESI. Without an immediate course correction, this crisis will paralyse regulatory progress and broadcast a damning verdict: that Nigeria’s institutions remain subservient to raw political will.

“As one industry leader starkly observed, ‘NERC is a regulator, not a battleground.’ The resolution of this impasse will either catalyse long-overdue reform or entrench a decay that investors simply cannot afford to ignore. The lights of Nigeria’s economic future flicker uncertainly in the balance,” he submitted.

Similarly, a consumer group called the Utilities Consumers Rights Advocacy Initiative of Nigeria petitioned the Attorney General of the Federation and Minister of Justice, Lateef Fagbemi, challenging what it described as the “illegal resumption of office” by Ramat as the chairman of the NERC. The group alleged that Ramat and another commissioner-designate, Mr. Yusuf Abubakar, unilaterally assumed their new roles without fulfilling the constitutionally and statutorily mandated process of Senate confirmation. The group argued that this was a direct contravention of the Electricity Act 2023 and expressed surprise at the development, especially after an earlier publication by the presidency had been clarified.

“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 as it expressed “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).”

An expert, who did not want to be mentioned due to the sensitivity of the matter, said the presidency ought to have corrected the errors by instructing Ramat to wait for the confirmation of his appointment.

Aside from the legal issues surrounding his assumption of office, there are some who doubt the competence of Ramat based on his antecedents. A stakeholder maintained that though there is no end to learning, “this is not the right time for NESI to have a student regulator.”

He spoke further, “If you read Section 35(2) of the EA with particular attention on the use of the conjunction AND, you see clearly the mind of the drafters of the law, which is to the effect that while the NERC CEO can be a lawyer, an engineer or an administrator, that qualification will be relevant if they have a relationship with distribution, transmission or generation. What it therefore means to me is that the NERC CEO must come from the sector. While the conventional wisdom is that sourcing the head of a sector from outside the sector helps to bring a fresh idea into the place, it is not an immutable point.

“The argument that a fresh hand is required to bring in fresh ideas and progress is neither here nor there, and you don’t want to gamble with the power sector. I’d even prefer that you bring a member of the Manufacturers Association of Nigeria with expertise in management sciences rather than a politician with a local government frame of mind, because the MAN person has been interfacing with NERC, and he understands the tough terrain of tariff, subsidy and associated issues.

“It is difficult to see how this appointment will move the power sector forward. Since its establishment, NERC has had as CEO the likes of Dr. Ransome Owan (pioneer), Dr. Sam Amadi, Dr. Anthony Akah, Prof. James Momoh and Engr. Sanusi Garba, who is the only person who had worked in the power sector before he entered NERC and ended up as CEO. Now we have Dr. Abdullahi Garba Ramat, a former local government chairman.

In all of these, the Presidency and the Minister of Power have remained silent, even as stakeholders sought urgent action to address the controversies surrounding Ramat’s assumption of office. They insist that only Senate confirmation can restore credibility to the regulator and stabilise the power sector. (The PUNCH)