Chief Justice of Nigeria (CJN) Olukayode Kekere-Ekun on Monday raised concern over the 112 electricity-related deaths and 95 injuries recorded in the Nigerian Electricity Supply Industry (NESI) in 2024.
Delivering a keynote address at the Nigerian Electricity Regulatory Commission (NERC) 2025 Seminar for Judicial Officers in Abuja, Kekere-Ekun urged the judiciary to firmly enforce industry safety regulations. She stressed the need for courts to hold operators accountable for violations that compromise public safety.
The seminar, themed “Navigating the Dynamics of Nigeria’s Evolving Electricity Sector,” brought together key stakeholders to address emerging challenges in the power industry.
She said, “NERC’s latest reports reveal an alarming trend. 112 electricity-related deaths and 95 injuries were recorded in 2024 alone. The judiciary must take a proactive stance in enforcing safety regulations.
“Operators who fail to comply must be held accountable, while victims and their families must be accorded the justice they deserve. The safety of our citizens must never be treated as incidental. It is a legal and moral imperative.”
She said one cannot overemphasize the significance of the judiciary in ensuring that regulatory bodies such as the NERC operate within the bounds of the law.
According to her, NERC’s statutory responsibility includes the issuance of subsidiary legislation, the setting of rates, and adjudication of industry-related disputes.
Ekun said while the powers are necessary for efficient regulation, they must be exercised in a manner that is procedurally fair, transparent, and subject to judicial oversight.
The CJN said, accordingly, the courts must remain vigilant in their review of delegated legislation to guard against arbitrariness, protect the doctrine of legitimate expectation, and uphold public participation as a tenet of regulatory governance.
She said in so doing, the judiciary gives life to the rule of law and promote a legal environment conducive to sustainable development.
In his opening remarks, the NERC Vice Chairman, Musiliu Oseni said because of the belief that the power sector is a critical sector, as no nation has developed without having sufficient electricity was the reason, the Commission has recognized the importance and the criticality of the judiciary.
He added that on that basis, NERC decided to make it a duty to have an interaction with the judicial officers on a regular basis.
He stressed: “And I must say that the purpose of this interaction is not to offer the cause of justice or to have an interaction and engagement with you in order to have some understanding of the technical nature of this sector and to be able to make an informed decision and judgment in dealing with any case that may come before my lawsuit.
“The past experience has shown that the judiciary can make a marked decision with respect to some previous judicial pronouncements, be it issuance of ex parte order or complete pronouncement of judicial decision.”
Oseni said the commission has experienced a lot of issues that have shaped the development of this sector.
He cited an example of the Manufacturing Association of Nigeria case in 2015, which up to today it is suffering the impact of the judicial pronouncement that was made as far back as a decade ago.
He also cited a similar case is also a case of Toluwai, which was instituted in Lagos, which was in 2016 and the pronouncement was made by the court, which was based on an ex parte motion.
According to him, it took the court of appeal in 2019 to forfeit the judicial pronouncement that was made by the lower court.
He lamented that NERC was rendered ineffective during the period.
He said investors have to have confidence in the judicial interpretation to invest in the industry.
“We all know that whether we like it or not, investments follow the path to recovery. If investors are not confident of the judicial interpretation of the law, or probably they are afraid of what may become of their investments, there is no way they will be willing to make investments that will be proper or enough for us to have sufficient progress that we all desire with respect to the improvement in performance of electricity in Nigeria.
“It is on this basis that we feel that it is important for us to continuously engage with the judiciary to ensure that sufficient understanding is made in order to ensure that we all work together for the success of this industry and for the success of Nigeria at large.
“We are all affected by the challenges benefiting the power sector in Nigeria. We all want to improve electricity in our families, homes, offices and businesses, and we can only do it by ourselves.”
The Vice chairman said the hand of fellowship to the judiciary is not to influence their decision but for a sufficient understanding due the the technical nature of the industry.
“On this basis, we would like as much as possible to appeal to my lordship that whatever discussion that will be heard between the next three days, we hold that discussion with an open mind. Because they do say that the brain is there when the mind is closed.
“Nobody is there to sway your decision or your judicial interpretation of any law, or just to interact with you so that you can have sufficient understanding of the technical nature of this industry, as well as how powerful any decision you are making with respect to this industry is,” he said.
