ELECTRICITY: Disconnection of electricity by officials of NEPA in execution of its statutory or public duty – whether the act of disconnection qualifies as an executive or administrative action:

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Let me start with the argument that the negligent act of the officials of the appellant cannot qualify as its executive or administrative action or decision. The negligent act of the officials of the appellant in this case is the massive disconnection of electricity supply wires in a manner that endangered the life of persons in Angwan Maigwodo, in that, the flow of electricity current in the disconnected wires was not stopped and the disconnected wires were not insulated and tied up on a pole high up, but were left uninsulated on the ground with electricity in them. The disconnection of wires supplying electricity to houses by officials of the appellant in the execution of its statutory or public duty, is clearly an executive or administrative action or decision of the appellant. The characterization of the execution of that action or decision as wrongful or negligent or reckless or careless or illegal or void has no effect on the fact that it was the action or decision of the appellant carried out in the execution of its statutory and public function, duty or responsibility.” Per EMMANUEL AKOMAYE AGIM, JSC in NEPA V. MALLAM MUHAMMAD AUWAL (2022-LCER-46637-SC) at P. 14, Paras. B-G.

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ELECTRICITY: Disconnection of electricity by officials of NEPA in execution of its statutory or public duty – Whether the act of disconnection qualifies as an executive or administrative action

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