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NERC APPOINTMENT UNDER FIRE AS GROUP PETITIONS TINUBU OVER TENURE BREACH
A civil society organisation, the Dynamic Patriotic Citizens Foundation, has petitioned President over what it described as a potential legal breach in the recent reconstitution of the board of the (NERC).
In a memorandum dated April 21, 2026, and signed by its solicitors, Tolu Babaleye & Co., the group raised concerns about the appointment of as Executive Chairman of the Commission.
The petition, addressed to the President at the Presidential Villa, Abuja, warned that the appointment may conflict with statutory provisions governing tenure limits under the Electricity Act.
According to the group, Sections 36(2) and 36(4) of the Act stipulate that a commissioner of NERC cannot serve more than two terms or exceed a cumulative period of 10 years in office.
The organisation noted that Dr. Oseni, who was first appointed as a commissioner on February 7, 2017, would reach the statutory ceiling by February 2027.
It argued that in the absence of a clear legal provision resetting tenure upon elevation from commissioner to chairman, the appointment could be challenged as “ultra vires,” potentially undermining the legality of decisions taken under his leadership.
The petitioners warned that such a development could trigger instability in the power sector and expose the Federal Government to avoidable litigation, particularly at a time when reforms in the Nigerian Electricity Supply Industry are ongoing.
The group, however, commended President Tinubu’s “Renewed Hope” agenda and ongoing efforts to reposition the power sector, noting that the intervention was aimed at strengthening institutional compliance.
It urged the President to immediately review the appointment and ensure that the leadership of NERC strictly complies with the tenure limits prescribed by law.
The organisation also advised that steps be taken to regularise the Commission’s leadership in a manner that would shield it from legal disputes and preserve investor confidence in the sector.
It added that it remains available to provide further legal clarification if required.
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