EUNICE N. NWOSU V. POWER HOLDING CO. OF NIG. & ORS.

GEORGE OLADEINDE SHOREMI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the Ruling of Hon. Justice Awokulehin of the Federal High Court Benin delivered on 11th April 2008. The fact in this case are that the 1st Respondent who was the 1st Defendant in the lower court was at that time material to this case a Federal Government Agency called National Electricity power Authority (NEPA) created by an Act of the National Assembly i.e. NEPA Act Cap 256 Laws of the Federal Republic of Nigeria 1990 and Cap N33 Laws of the Federal Republic of Nigeria 2004.

The 2nd, 3rd and 4th Defendants now Respondents were all staff/officials of the 1st Respondent and public officers by S. 318 (1) Constitution of the Federal Republic of Nigeria 1999 and Section 18 interpretation Act Laws of the Federal Republic of Nigeria 1990.

Sometime in 2004 the Federal Government decided to commercialize the 1st defendant by changing its name to Power Holding Corporation of Nigeria for more efficient…