BY AKUDORO GLORIA
Due to the continued dwindling state of power supply in the country that’s affecting every aspect of our economy, the Nigerian Power Sector and the Nigerian Judiciary Institute (NJI) convened to chart path towards a more commercially viable electricity market in Nigeria that’s characterised by legal and contractual obligations.
Speaking during the 4th Seminar organized for Judges by the Nigerian Electricity Regulatory Commission (NERC) at the Nigerian Judiciary Institute this week in Abuja, the Minister of Power, Chief Adebayo Adelabu, explained that electricity is a critical determinant of a modern society and its availability is a key differentiator of success amongst countries, with the leading/1st world countries being able to produce it in abundance as a driver for industrialisation while the 3rd world countries including Nigeria grapple with making power supply available to meet their development objectives.
While addressing legal practitioners and other stakeholders of the sector, Adelabu assessed the pivotal role of legislative changes (Reforms) in the past year that has placed the sector on the path of a total paradigm shift which include amendment of the Constitution of the Federal Republic of Nigeria and the Electricity Act 2023 that helped to mitigate the operational and systematic risk in Nigerian Electricity Supply Industry (NESI).
The Minister also underscored the the crucial contributions of the Nigerian Judiciary in the power sector.
He said, “This seminar is part of the broader vision of the Commission and NJI to engage the members of the judiciary on important developments in the sector. The judiciary’s pivotal role, through notable pronouncements, contributes significantly to attracting private investment in the power sector.
“The Nigerian judiciary has helped NESI with notable pronouncements and the act of the judiciary goes far in attracting private investment in the power sector”.
Comparing the achievable successes the legal profession has achieved through reforms that were geard towards sustainability, and consistently developed and deployed over a period of time with supported required resources to achieve results, the Minister noted that the case would have been the same in the NESI, if it had received the same consistent reforms supported by required resources.
He however lauded NERC for it initiative towards building the capacity of the Nigerian bench in achieving the desired objective of predictable, clear and logical judicial precedent in matters affecting the power sector.
Also speaking, the Chairman, NERC, Engr. Sanusi Garba who stressed on the theme: “Reforms in the Nigerian Electricity Sector Towards Sustainability” said the seminar was organised to stimulate a discourse on emerging legal issues relating to the NESI and to appraise the judiciary of the recent changes in the regulatory landscape.
He added that the 2024 seminar’s schedule was specifically designed to give judges a chance to catch up on recent developments in the industry. The intersection of the judiciary’s work and this assigned responsibility is what makes this part of the commission’s work successful.
According to him, the Commission invested dedicated hours to enact subsidiary legislation relating to the workings of the power sector, thus, it has the power to issue regulations that are complied with by all participants and licensees.
He explained, “The Commission has judicial functions under which the panel of Commissioners sit to hear and adjudicate on matters relating to disputes, appeals, and objections raised in the industry”.
Meanwhile, the Administrator of the National Judicial Institute (NJI), Hon. Justice Salisu Garba, who represented by the Chief Justice of the Federal Republic of Nigeria, Olukayode y , stressed that judicial officers need to be aware of the circumstances in which the organization’s policies and procedures are to be implemented.