Eighteen months ago, Justice Fati Abubakar of Niger State High Court ordered the Power Holding Company of Nigeria (PHCN) (Plc) to pay N13.2 million as general damages to Warrant Officer Abdullahi Noma and 10 others. As of today, the company is yet to pay up the judgment debt.

The trouble started 18 April, 2005, when the PHCN transformer in front of Noma's house at Sabon Nasarawa Ward "C" Anguwan Biri Bosso, which supplied electricity to houses in the area, exploded, emitting smoke and fire.

The incident left some people dead, many others injured, and property worth millions of naira burnt.

The plaintiffs called 12 witnesses, while PHCN called one witness who claimed that the fire was caused by a boiling ring used in one of the rooms. This claim was debunked.

The plaintiffs said that their complaints to the PHCN staff about the persistent fluctuation of electricity in the area were not heeded. The court had, therefore, held that PHCN in this instance failed to exercise the duty of care.

One of the plaintiffs, Alhaji Muhammed Kudu, lost his wife, who was electrocuted, leaving behind seven children.

The deceased, while unaware of what was happening outside their residence at Anguwan Biri, Bosso, unplugged the cable of the refrigerator upon observing smoke coming out of the ceiling -- and was electrocuted.

Some of the other victims suffered injuries, some only woke up to find themselves in hospital, others lost property running into millions of naira.

Most of the burnt houses in the area are still in the same state, eight years after the unfortunate incident.

The plaintiffs entered a N800 million suit against PHCN as damages for various injuries, shock pain and losses suffered during the fire, but at the end of the legal battle, Justice Fati Abubakar awarded them N13.2 million.

This decision followed that of cases such as, Donoghue v Stevenson (1932) which established the duty of care and when a person was liable.

A break down reveals that Noma was awarded N5 million, three of his tenants were awarded N1.1 million and Alhaji Muhammadu Kudu who lost his wife during the inferno was also awarded N5 million, while others got N2.1 million.

When contacted, the PHCN spokesman for Abuja, Mr. Debo Adegoke, said that there was a pending appeal filed January 2, this year. He added that there are over a thousand cases now pending against PHCN since the privatisation reforms that removed the (NEPA) monopoly in the power sector.

Max Ogar, lawyer to the judgment creditor, in a reaction said that there was "no appeal". He said that no records had been compiled and transmitted to the Court of Appeal.

According to Ogar, since it is a monetary judgment, an appeal does not shield PHCN from complying with Justice Abubakar's judgment. He said what the best PHCN could do was to pay into the court's account and then go ahead and appeal.

"A monetary debtor is bound to pay while he proceed on appeal, so mere pendency of an appeal does not affect a monetary judgment," Max Ogar said.

It was, however, gathered that one Hilux Van has been detained at the Niger State High Court in the course of the execution of Justice Fati Abubakar's judgment which may be auctioned soon. The question is, would the proceeds be enough to offset the judgment debt and bring succour to the victims.
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PHCN is under the law. #Lobatan#