(Spoiler: It’s not DSTV’s “Judging Matters,” but it gets pretty close)
If you’ve ever imagined the Nigerian Electricity Regulatory Commission (NERC) as a bunch of people in black robes banging gavels over transformer issues, let’s slow down the movie.
NERC isn’t a court. But it does have its own in-house drama called an administrative proceeding which is a formal way of resolving disputes and enforcing rules in the electricity sector. Think of it as a regulatory tribunal: not quite a courtroom, but not casual enough for slippers and gist either.
So what exactly is an administrative proceeding?
In simple terms, it’s how regulators like NERC deal with serious electricity matters: things like dodgy service delivery, shady billing practices, market rule violations, and other electricity wahala. These proceedings are structured, rule-bound, and taken very seriously and no, your cousin’s NEPA rants on Facebook or X don’t count as evidence here.
But don’t confuse them with regular court proceedings. There’s no judge in a wig or long adjournments for “further mention.” Instead, NERC handles the whole thing internally using its own set of rules and legal backing.
Now, let’s break down what gives NERC the power to act like this.
The Electricity Act (EA) 2023 is the main law that sets NERC up as the top regulatory dog in the Nigerian Electricity Supply Industry (NESI). Section 33 of the Act gives NERC wide powers to oversee how the electricity sector is run, from technical operations to economic regulation and everything in between.
And because just having power isn’t enough (pun intended), Section 48 of the EA gives NERC the green light to hold hearings on basically anything within the electricity space: service delivery, licensee conduct, consumer complaints, and so on. So yes, when NERC calls for a hearing, it’s not for vibes.
To make sure the whole process is structured and not just vibes and PowerPoint, NERC also operates under its Business Rules (2006 edition — old, but still strong). These rules lay out exactly how hearings are supposed to happen.
For instance:
- Section 7(3) of the Business Rules says that if any matter affects someone’s rights or interests, whether it’s a licensee or regular citizen, NERC must go through a consultation or hearing process (unless they have a good reason to do otherwise, which must be written down).
- Section 9 drops another gem: whoever brings a matter before NERC (a complaint, an application, a request for approval, etc.) has to prove their case. Yes o, the burden of proof is on you. This isn’t a “he who complains loudest wins” kind of affair.
But hold up; not every hearing NERC conducts is an administrative proceeding.
For example, those familiar customer complaint resolution hearings where you go and argue that your bill jumped from ₦5k to ₦50k “just like that”? Yeah, those are typically less formal and don’t need petitions, affidavits, or all the drama of an administrative proceeding. So, while important, they’re more like regulatory small claims courts; quick and informal.
In Summary (aka TL;DR):
- Administrative proceedings are NERC’s formal method of enforcing electricity laws and resolving disputes.
- They’re grounded in the Electricity Act 2023 and Business Rules of the Commission.
- NERC has serious legal authority to hold these proceedings — no jokes.
- Not all hearings are administrative; some are more informal (especially for regular customer complaints).
- And if you’re the one filing the complaint? Better come with your evidence — shouting won’t cut it.
So next time you hear that NERC is “summoning” someone, just know it’s not a social call. It’s administrative business, and things are about to get technical.
