For several months, the Nigerian Electricity Supply Industry (NESI) grappled with uncertainty arising from an apparent leadership vacuum at the Nigerian Electricity Regulatory Commission (NERC), the statutory body responsible for regulating Nigeria’s power sector. This uncertainty fuelled apprehension among operators, investors, and other stakeholders, given the central role NERC plays in tariff regulation, market discipline, and sector confidence.
The absence of clear leadership at such a critical period heightened concerns about regulatory certainty, especially as the power sector navigates complex transitions. These include the emergence of a dual federal and state regulatory framework under the Electricity Act 2023, mounting liquidity challenges driven by poor collections and remittances, and the unsustainable fiscal burden of electricity subsidies. In addition, the sector faces the long-term task of evolving towards a more competitive and liberalised electricity market.
The industry remained anxious due to the leadership vacuum at NERC and its potential impact on regulatory certainty and investor confidence in the Nigerian power sector until December 18, 2025, when the constitution of a new Commissionwas announced.In a statement issued by Mr. Bayo Onanuga, President Bola Ahmed Tinubu approved the reconstitution of the Members of the Nigerian Electricity Regulatory Commission (NERC), following the Senate’s confirmation of two members on December 16.
At the centre of the announcement was the appointment of Dr. Musiliu Oseni as Chairman of NERC. Dr. Oseni, who joined the Commission as a Commissioner in January 2017 and later served as Vice Chairman, assumed the role of Chairman with effect from December 1, 2025. His tenure will run until the completion of his statutorily permitted ten years at the Commission, in line with the Electricity Act 2023. The President also approved the appointment of Dr. Yusuf Ali as Vice Chairman. Dr. Ali, first appointed as a Commissioner in February 2022, began his designation as Vice Chairman on December 1, 2025, to run for the remainder of his first term. Other members of the reconstituted NERC Board include Mr. Nathan Rogers Shatti and Mr. Dafe Akpeneye, both serving second terms after their initial appointments in January 2017; Mrs. Aisha Mahmud Kanti Bello, serving a second term after her first appointment in December 2020; Dr. Chidi Ike, continuing his first term after being appointed in February 2022; and Dr. Fouad Animashaun, joining for his first term, effective December 2025.
There was widespread relief across the power sector following the announcement of the new Board. The appointments of Dr. Musiliu Oseni and Dr. Yusuf Ali as Chairman and Vice Chairman, respectively, signaled the President’s commitment to regulatory stability, enhanced investor confidence in the power sector, and the successful achievement of ongoing reforms aligned with the Renewed Hope agenda.
Dr. Oseni and Dr. Ali are recognized for their expertise and extensive experience in power regulation, with a combined eleven years in the role.Dr. Musiliu Oseni holds a First Class degree in Economics from the University of Ibadan, a Master’s of Science (with Distinction) in Energy Economics and Policy from the University of Surrey, UK, and a PhD in Business and Energy Economics from the University of Cambridge.The new Vice Chairman, Dr. Yusuf Ali, holds a B.Sc. in Electrical and Electronic Engineering from the University of Manchester, UK, an M.Phil. in Nuclear Energy from the University of Cambridge, and a PhD in Energy Policy focused on the Nigerian power sector from the University of Cambridge.Their strong academic credentials, relevant experience in power sector regulation, and deep understanding of the Nigerian market are undisputed.
Despite the generally positive reception, some criticism has emerged, including claims questioning the legality of the new Chairman’s appointment and alleging that he has exceeded the tenure permitted under law. These claims, however, do not withstand legal scrutiny.
To address these misleading narratives and online propaganda, it must be clarified that the decision to appoint Dr. Oseni as NERC Chairman complies fully with both the repealed Electric Power Sector Reform Act (EPSRA) 2005 and the Electricity Act 2023.Dr. Oseni was appointed as a Commissioner in 2017 with a five-year tenure under Section 35(1) of the EPSRA 2005. In December 2020, he was designated Vice Chairman, as permitted by Section 40(1) of the EPSRA 2005, which allows the President to designate any Commissioner as Chairman or Vice Chairman. These provisions were retained in the Electricity Act 2023.Section 36(1) of the Electricity Act 2023 sets a five-year tenure for Commissioners, while Section 41(1) allows the President to designate any Commissioner as Chairman or Vice Chairman.
Dr. Oseni’s first five-year term as Commissioner ended in February 2022. He was reappointed for a second term under Section 36(4) of the Electricity Act 2023, with his tenure expiring in February 2027.Contrary to claims that Dr. Oseni should have resigned for fresh nomination and Senate screening, the President’s prerogative under Section 41(1) of the Electricity Act allows designation of an existing Commissioner as Chairman, which is precisely what occurred. Dr. Oseni will complete his statutory ten years across two terms in 2027 while serving as Chairman, in full compliance with the Electricity Act 2023.
The appointment of Dr. Yusuf Ali as Vice Chairman also adheres completely to the relevant sections of the Act.These appointments reflect strict adherence to the provisions of the Electricity Act 2023 and the lawful exercise of presidential authority, without political or regional considerations. Some of the confusion surrounding the designation of the Chairman of the Nigerian Electricity Regulatory Commission may have arisen from a mistaken attempt to equate the provisions of the Electricity Act with the appointment processes applicable to certain constitutional bodies. Section 153(1) of the Constitution establishes fourteen federal bodies, including institutions such as the Independent National Electoral Commission, the Federal Civil Service Commission, the Federal Character Commission, the Revenue Mobilisation Allocation and Fiscal Commission, and the Police Service Commission. For these constitutionally created bodies, Section 154(1) of the Constitution expressly provides that the Chairman and members shall be appointed by the President, subject to confirmation by the Senate, except where the Constitution provides otherwise. Because these institutions are well known, their appointment processes are often assumed—incorrectly—to apply universally to all federal bodies.
NERC, however, is not one of the bodies listed under Section 153 of the Constitution. It is a statutory regulator created by legislation, and its leadership structure is governed strictly by its enabling law. For instance, the Chairman of the Independent National Electoral Commission is a distinct appointment from that of a Commissioner, whereas the Chairman of the Nigerian Electricity Regulatory Commission is a serving Commissioner who has been designated with an additional leadership role.
While past administrations followed a practice of appointing the NERC Chairman in a manner similar to constitutional commissions, that practice was not expressly grounded in law. The administration of President Tinubu has simply applied the clear provisions of the Electricity Act, which empower the President to designate a serving Commissioner as Chairman, rather than perpetuating an administrative convention that lacks a firm legal basis. In doing so, the current administration has aligned regulatory leadership with the letter of the law, rather than inherited practice.
With the President showing leadership in applying the Electricity Act correctly, it is hoped that the newly constituted Commission will build on this firm legal foundation to provide clear, consistent, and credible regulation. At a time when Nigeria’s power sector stands at a critical juncture, the reconstitution of the NERC Board marks an important step toward restoring confidence and regulatory clarity. While the challenges ahead remain significant, expectations are high that the new Commission will rise to the occasion, delivering tangible improvements in electricity supply, market stability, and overall sector performance for the benefit of Nigerians and industry participants alike.
Lanre Elatuyi, is a Lead Consultant-Power Sector Regulations, Policy, and Markets at S2R Consulting
Wuse 2, Abuja.
