Senate Hearing Commences for NERC Chairman-Designate's Confirmation Amid Uncertainty
New Chairman of NERC Takes Office Amidst Controversy
Abdullahi Garba Ramat, the newly appointed Chairman-designate of the Nigerian Electricity Regulatory Commission (NERC), has resumed duties, despite not having been confirmed by the Nigerian Senate as required by law.
Ramat, accompanied by a large entourage of political supporters, arrived at NERC headquarters where a brief handover session was held. The Vice Chairman of NERC, Musiliu Oseni, and other commissioners were present during Ramat's arrival.
Initially, it was reported that Ramat would take charge in an acting capacity pending Senate confirmation. However, a revised statement later clarified that the acting chairman would remain in office until the Senate approves the new appointment.
The appointment of the Chairman of NERC by the President requires Senate confirmation before the appointed individual can officially serve in that capacity. The President may direct the nominee to assume office temporarily (acting capacity) before Senate confirmation to ensure continuity. However, the acting chairman holds office only until the Senate confirms the appointment.
Ramat pledged to work towards improving the country's power sector and emphasized the need for distribution and generation companies to do the right things. He also expressed gratitude to President Tinubu for the opportunity to serve as NERC chairman-designate.
The President has also nominated Abubakar Yusuf as Commissioner of Consumer Affairs and Dr. Fouad Olayinka Animashun as Commissioner of Finance and Management Services for the Nigerian Electricity Regulatory Commission (NERC). However, the development has not been confirmed by the Senate.
Ramat acknowledged that change won't happen overnight but can be enhanced with collective effort. He and his team have stated that they are there to learn and will review all relevant documents and processes.
The controversy surrounding Ramat's appointment has raised concerns about adherence to due process, as Nigerian law stipulates that appointments such as that of the NERC chairman require Senate confirmation before the individual assumes duties.
[1] Nigerian Electricity Regulatory Commission Act, 2005 [2] Public Service Rules, 2008 [3] Senate Standing Rules, 2015 [4] Constitution of the Federal Republic of Nigeria, 1999 (as amended) [5] Nigerian Electric Power Sector Reform Act, 2005
- The controversies surrounding the appointment of Abdullahi Garba Ramat as the Chairman of NERC have led to discussions about adherence to the Nigerian Electricity Regulatory Commission Act, 2005, which requires Senate confirmation before he can officially take office.
- The Senate Standing Rules, 2015 and the Constitution of the Federal Republic of Nigeria, 1999 (as amended) both emphasize the importance of confirmation by the Senate for appointments such as the Chairman of NERC, as President Tinubu has nominated Ramat for this position.
- The issue of Ramat's appointment has also brought the Public Service Rules, 2008 into focus, as it requires that nominees for key positions like the NERC chairman hold off on assuming duties until their appointments have been confirmed by the Senate.
- As Ramat works towards improving the power sector in Nigeria, the attention of the presidency, politics, policy-and-legislation, and general news outlets remain on the on-going debate about the legitimacy of his appointment and the need for adherence to due process in such important matters.
- The confirmation of President Tinubu's nominations, Abubakar Yusuf as Commissioner of Consumer Affairs and Dr. Fouad Olayinka Animashun as Commissioner of Finance and Management Services for the Nigerian Electricity Regulatory Commission (NERC), is also awaited to ensure the proper functioning of the commission.
