Attorney General of the Federation (AGF) and Minister of Justice, Lateef Fagbemi (SAN), yesterday urged Nigerian judges to be fully conversant with Nigeria’s new electricity law, declaring that swift and informed judicial interventions are crucial to sustaining the power sector reforms.
Fagbemi spoke in Abuja at the opening ceremony of the 2025 edition of the seminar on power sector for judicial officers, organised by the Nigerian Electricity Regulatory Commission (NERC), in collaboration with National Judicial Institute (NJI).
The seminar was themed, “Navigating the Dynamics of Nigeria’s Evolving Electricity Sector.”
Fagbemi said the seminar was timely and critical as Nigerians collectively worked to strengthen and expand the legal and regulatory framework governing the power sector.
Describing the sector as complex, the AGF stated that the seminar provided an invaluable platform for their lordships to deepen their understanding of the electricity sector and the dual legal frameworks that governed it.
He stressed that the judiciary must play a proactive role in interpreting and enforcing the evolving regulatory frameworks shaping the country’s power industry, stating that the electricity sector is undergoing significant transformation with the new law.
Fagbemi stated, “The Electricity Act, 2023 represents a transformative milestone in Nigeria’s power sector, introducing a dual regulatory framework that seeks to harmonise federal and state governance in the generation, transmission, and distribution of electricity.
“This legislative innovation offers immense opportunities but also presents complex legal and regulatory challenges that require understanding, interpretation, and application within various jurisdictions in order to achieve clarity and an efficient electricity market that benefits all persons resident or carrying on business in Nigeria.
“The judiciary serves as a cornerstone of justice, safeguarding investments, protecting consumer rights, and ensuring a competitive electricity market. I need to emphasise that the role of the judiciary in this evolving landscape cannot be overstated.”
The minister added that the judiciary also contributed its quota, as an arbiter, to ensure that all stakeholders, inclusive of government agencies, private investors, electricity users generally, could work together to achieve the vision of a reliable and efficient electricity supply.
“The Federal Ministry of Justice is available to partner with you in enhancing the performance of your regulatory roles and expanding the frontiers of legal framework for the electricity industry,” he added.
Delivering her goodwill message, Chief Justice of Nigeria (CJN), Justice Kudirat Kekere-Ekun, highlighted the impact of the decentralisation of the power sector, with increased investments in off-grid and solar mini-grid solutions, and the emergence of a dual electricity market framework.
Kekere-Ekun said the developments were reshaping not only how power was generated and distributed, but also how regulatory and contractual relationships were conceived, monitored, and enforced.
She stated that the judiciary will be prepared to meet new demands in terms of interpreting legislation, upholding statutory and constitutional mandates, and ensuring that justice was administered equitably.
“The role remains undiminished. Indeed, it grows more urgent as judicial interpretations increasingly serve as precedents that influence investor confidence, promote regulatory consistency, and protect consumer rights,” she added.
The CJN also expressed concern over safety in the power sector. She revealed that 112 electricity-related deaths and 95 injuries were recorded in 2024 alone.
Kekere-Ekun stated, “Moreover, I must draw attention to the pressing issue of safety within the electricity sector. NERC’s latest reports reveal an alarming trend. One hundred and twelve 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.”
NERC’s Vice Chairman, Musiliu Oseni, called for continuous engagement between the judiciary and the commission, stating that investor confidence hinges largely on judicial interpretation of the law.
Oseni stressed that understanding the technical intricacies of the electricity sector was vital in avoiding decisions that could cripple investments.
He appealed to judges to approach discussions at the seminar with an open mind, as electricity was critical to Nigeria’s economic growth and stability.
Oseni said, “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 enough for us to have sufficient progress that we all desire with respect to the improvement in performance of electricity in Nigeria.”
