Section 2: Establishment and Membership of the Governing Board.

(1)
There is established for the Agency a Governing Board (in this Act referred to as "the Board").
(2)
The Board shall consist of -
(a)
a Chairperson who shall -
(i) be appointed by the President of the Federal Republic of Nigeria on the recommendation of the Minister,
(ii) be a highly respected person of impeccable character and have experience in the electricity industry ;
(b)
one person from each of the Six (6) geopolitical Zones of the Country appointed by the President of the Federal Republic of Nigeria on the recommendation of the Minister ;
(c)
the Managing Director and Chief Executive Officer of the Agency ;
(d)
the representative of Federal Ministry of Power ; and
(e)
the representative of Federal Ministry of Finance.
(3)
The General Manager, Legal of the Agency shall be the Secretary of the Board.
(4)
In choosing the appointed 6 members of the Board under subsection (2) (b) of this section, the Minister shall consider each proposed member's character, competence, professional and practical experience in the Nigerian electricity supply industry.
(5)
No member of the Board shall have any share or interest, whether in his own name or otherwise, in any company or other body corporate or an association of persons (whether incorporated or not), or a firm engaged in the business of generation, transmission and distribution and trading of electricity or fuel for the generation thereof or in the manufacture of electrical equipment.