NEGLIGENCE AND DUTY OF CARE: THE TRAGEDY OF NEPA’S EXPOSED WIRES By Amina Mustapha Umar and Aisha Abdullatef
Negligence occurs when a party fails to exercise a duty of care to prevent harm to others. Where public institutions fail in this duty, the consequences can be fatal. The failure to repair exposed electric wires is a clear breach of this duty, leading to devastating and preventable tragedies. Negligence, a cornerstone of tort law, occurs when a party fails to exercise the required duty of care, resulting in harm. The tragic case of N.E.P.A. v. Auwal exemplifies the grave consequences of negligence by public agencies. On September 15, 2003, the National Electric Power Authority (NEPA), the Appellant, conducted a mass disconnection exercise in Angwan Mai Gwodo, Zaria, Kaduna State. However, during the operation, live electric wires and a current-carrying metal pole were negligently left exposed on the ground. By the morning of September 16, these hazards turned deadly. Two individuals were electrocuted at different times, with witnesses promptly reporting the incidents to the Appell...