CHIEF J.J. ENWEZOR V. CENTRAL BANK OF NIGERIA
August 7, 2025BABATUNDE OLUBAMI KOIKI V. THE STATE
August 7, 2025Legalpedia Citation: (1976) Legalpedia (SC) 71417
In the Supreme Court of Nigeria
Fri Mar 12, 1976
Suit Number: SC. 374/1975
CORAM
SOWEMIMO, JUSTICE, SUPREME COURT
IDIGBE, JUSTICE, SUPREME COURT
OBASEKI, JUSTICE, SUPREME COURT
PARTIES
NATIONAL ELECTRIC POWER AUTHORITY ELECTRICITY CORPORATION OF NIGERIA APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The respondent was employed by the Electric Corporation of Nigeria (ECN) which corporation also terminated his appointment; at the time of instituting this action the corporation has ceased to exist by operation of law but the respondent brought this action principally against the National Electric Power Authority (NEPA).
HELD
The respondents claim was dismissed on the ground that an action cannot be maintained against a non-existent corporation.
ISSUES
whether the “transitory and supplemental provisions” relating to officers and servants of the Authority (i.e. N.E.P.A) set out in Part III of Schedule 1 to this Decree (N.E.P.A Decree) are available to the respondent Per IDIGBE, JSC
whether, in consequence of and pursuant to the other provisions of the said Decree (e.g. 5(1), 5(2)(c) and 5(3)(f), the respondent was in August, 1972, a member of or entitled to be on the staff of N.E.P.A and in what capacity? Per IDIGBE, JSC
RATIONES DECIDENDI
JURISTIC PERSONALITY – EXISTENCE OF AN ORGANISATION BY OPERATION OF LAW
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CASES CITED
Clack v. Arthurs Engineering Ltd. (1959) 2 A.E.R. 503
STATUTES REFERRED TO
The Electricity Corporation of Nigeria Act, Cap.58 (vol.II, 1958 ed. of the Laws of Nigeria)
The National Electric Power Authority Decree No.24 of 1972
