Ratio DecidendiRatio Decidendi


(1976) JELR 46289 (SC)    

Supreme Court  ·  SC.398/1975 ·  22 Dec 1976 ·  Nigeria
Other Citations
N.E.P.A v. AMUSA & ANOR. (1976) 12 S.C. (REPRINT) 65
ATANDA FATAYI-WILLIAMS Justice of The Supreme Court of Nigeria CHUKWUNWEIKE IDIGBE Justice of The Supreme Court of Nigeria ANDREWS OTUTU OBASEKI Justice of The Supreme Court of Nigeria

Ratio Decidendi

Core Terms Beta
hold land
head of the plaintiffs
transmission lines
promulgation of decree no.
main transmission line of all such trees
learned trial judge
electricity corporation of nigeria
occupier of any land
member of the plaintiffs
provisions of subsection
occupier of the said land
electricity corporation of nigeria act
affected area
practicable give notice
such land
immovable property
laws of the federation
amount of compensation
little damage
case of a dispute
behalf of the plaintiffs
relevant parts of the section
nepa decree
main transmission line
loss of the use of the land
above section
distribution lines
additional power
electric generating stations
following definition
proper working of any such line
said land
exercise of the powers
view of the federal ministry of justice
high court
general rule of great antiquity
main function
exhaustive examination of the nepa decree
leading judgment
area of jurisdiction
allegation of injurious affection of the area
nepa transmission lines
following notice
bale of idimu

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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