Nigerians have raised concerns over policy summersaults at the country’s power regulatory body, the Nigerian Electricity Regulatory Commission (NERC), regarding the tenure of Commissioners and the assumption of duty by the newly appointed Chairman-designate, Engr. Abdullahi Garba Ramat, without Senate approval, stating that they run counter to the extant laws and provisions guiding the operations of the establishment.
New National Star gathered that a letter of appointment stipulating a five-year tenure was issued to the Commissioners by the Secretary to the Government of the Federation (SGF), in contravention of the statutory four years, thereby creating room for a one-year overstay.
The development follows the recent appointment of two Commissioners, in addition to the existing ones, with a five-year term, a move that has created a gap in tenure harmonisation and raised concerns about investor confidence and other grave implications of the policy.
The two nominated Commissioners are Mr. Abubakar Yusuf, Commissioner of Consumer Affairs, and Dr. Fouad Olayinka Animashun, Commissioner of Finance and Management Services.
Meanwhile, Section 35 of the Electric Power Sector Reform Act, 2005, states: “Commissioners (except the Chairman) serve a four-year term, renewable only once. The Chairman has a five-year statutory term.”
This means that these Commissioners, having been wrongly granted five-year terms, are presently serving unlawfully beyond the statutory four-year limit. All regulatory orders and actions by NERC involving these four Commissioners, issued after the expiry of their lawful tenure since being appointed to NERC, are null and void and can be challenged in a court of law by power sector licensees and other affected stakeholders.
New National Star also gathered that the Commissioners enjoy double severance package payments across the two terms, as they collect humongous severance payments after their first tenure and are set to be paid the same after their second and final tenure.
They also have pension benefits, which are an exclusive retirement scheme only for career public/civil servants.
Similarly, the assumption of duty by the Chairman-designate, Engr. Abdullahi Garba Ramat, on Friday, despite pending Senate confirmation — has been criticised, sparking concerns over adherence to due process, as regulatory appointments such as that of the NERC Chairman are subject to Senate confirmation under Nigerian law.
The premature resumption, despite the retracted directive of President Tinubu, has raised questions regarding procedural compliance.
It would be recalled that on Thursday, August 7, a statement issued by the Special Adviser to the President on Information and Strategy, Bayo Onanuga, had directed Ramat to assume office in an acting capacity pending confirmation by the Senate. However, the statement was later updated, removing the directive for him to resume duties before legislative approval.
The revised statement read in part: “President Bola Tinubu has nominated Engr. Abdullahi Garba Ramat as the new Chairman/Chief Executive Officer of the Nigerian Electricity Regulatory Commission (NERC).
“President Tinubu also nominated two commissioners: Mr. Abubakar Yusuf as Commissioner of Consumer Affairs, and Dr. Fouad Olayinka Animashun as Commissioner of Finance and Management Services. All nominations are subject to Senate confirmation. The Commission’s Acting Chairman will continue in office until the confirmation of the new Chairman-designate.”
Despite this, Engr. Ramat resumed at NERC headquarters last Friday, accompanied by a large entourage of political supporters. He was received by Vice Chairman Musiliu Oseni and other NERC Commissioners.