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NATIONAL ELECTRIC POWER AUTHORITY V. MUDASIRU AMUSA & ANOR

(1976) JELR 46289 (SC)

Supreme Court  •  SC.398/1975  •  22 Dec 1976  •  Nigeria

Coram
ATANDA FATAYI-WILLIAMS JSC; CHUKWUNWEIKE IDIGBE JSC; ANDREWS OTUTU OBASEKI JSC;

Appearances
Mr. K. Sofola, (with him, Mr. B.M. Mbanefo) For Appellant Chief O. Awolowo, (with him, E. Omoghomi) For Respondent

Judgement

A. FATAYI-WIILIAMS, JSC (Delivering the Leading Judgment): The Electricity Corporation of Nigeria, popularly known as the ECN, is the defendants' predecessor. It was established by Section 3(1) of the Electricity Corporation of Nigeria Act (Cap. 58 of the Laws of the Federation, 1958 which is hereinafter referred to as the Act). Its main function is to secure the supply of electricity at reasonable prices. For this purpose, it had the power to construct, reconstruct, maintain and operate electric generating stations, transmission lines, distribution lines, transformer stations, and all other stations, buildings and works necessary for carrying out their duties under the Act. In order to exercise its powers effectively, it had additional power under Section 19(1) of the Act "to acquire and hold land and all movable and immovable property whatsoever."

In addition to the above, the Corporation was granted additional powers under section 49 subsections 9(1), (2) and (3) of the Act. These …

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