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NATIONAL ELECTRIC POWER AUTHORITY (NEPA) V. MALLAM MUHAMMED AUWAL

(2022) JELR 110127 (SC)

Supreme Court  •  SC.258/2010  •  2 Dec 2022  •  Nigeria

Coram
Amina Adamu Augie, JSC Helen Moronkeji Ogunwumiju, JSC Adamu Jauro, JSC Tijjani Abubakar, JSC Emmanuel Akomaye Agim, JSC

Appearances
Babatunde Shodipo, Esq., with him, Joseph Akajagbor, Esq. For the Appellant; Ayotunde Ogunlere, Esq., with him, Utibeabasi J., Esq., Jideofor Madu, Esq., Ahmed Murtala Abubakar, Esq. and Abubakar Khalifa Musa, Esq. For the Respondent.

Judgement

EMMANUEL AKOMAYE AGIM, J.S.C. (Delivering the Leading Judgment): On 15-9-2003, the appellant's officials went to Angwan Mai Gwodo, Zaria on a massive electricity supply lines and wires disconnection exercise and after the exercise left on the ground and on a metal pole loose and uninsulated wires live with electricity current. After the disconnection, two boys passing by the way at different times the next day were at each electrocuted, fell down and were carried away. These two near fatal incidents that occurred in the morning of 16-9-2003 were each reported to the officials of the appellant, who, following each report promised to go and rectify the fault but did not go. At 2pm on 16-9-2003, Muhammed Nazifi, a 10-year-old boy, on his way returning from school stepped on the said naked wires and was instantly electrocuted to death. It was after this unfortunate incident, that following a third report to them that the officials of the appellant came to remove the wires at 2.40pm. The r…

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