Section 36: Conditions for appointment as Commissioner.

(1) A person shall not be appointed as a Commissioner who:
(a) is neither a citizen of Nigeria nor permanently resident in Nigeria ; or
(b) has a financial interest in any business connected, either directly or indirectly, with generation, transmission, system operation, distribution or trading of electricity in Nigeria, or is engaged in any activity (whether for remuneration or otherwise) connected with any such service or system, or is a relative of a person who has such an interest or is engaged in such an activity, unless the President is satisfied that the interest or activity is in effect passive and will not interfere with the person's impartial discharge of his duties as a Commissioner, or unless the financial interest is terminated prior to the appointment taking effect, or
(c) has, in terms of a law in force in any country :
(i) been adjudged or otherwise declared insolvent or bankrupt and has not been rehabilitated or discharged, or
(ii) made an assignment to, or arrangement or composition with, his creditors which has not been rescinded or set aside, or
(d) has, in terms of a law in force in any country:
(i) been adjudged, by a court of competent jurisdiction, to be of unsound mind,
(ii) been banned from practicing his profession, or
(iii) been convicted of an offence and sentenced to a term of imprisonment imposed with or without the option of a fine, whether or not any portion has been suspended, and has not received a free pardon.
(2) A person who holds the office of Commissioner, and for a period of two years after he ceases to be a Commissioner for any reason whatsoever, shall not acquire, hold or maintain, directly or indirectly, any interest, office, employment or consultancy arrangements, either for remuneration or otherwise, connected with the generation, transmission, system operation, distribution or trading of electricity in Nigeria or any activity connected with any such service or system and if such person acquires any such interest involuntarily or by way of succession or testamentary disposition, he shall divest himself from such interest within a period of three months of such interest being acquired.