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    Is a Disco Liable for Accidents Under the Power Line Right-of-Way?

    Let’s talk about something that’s both electrifying and potentially deadly; power lines and the right-of-way (RoW).

    According to the Nigerian Electricity Supply and Installation Standards Regulations 2015 (yes, that mouthful of a document), Clause 3.1 makes it very clear: no building or structure should be erected under overhead power lines. For 33kV and 11kV lines, there must be a clear setback of 11 metres total—5.5 metres on each side from the centre of the line.

    So, if you’re living, selling suya, or running a betting shop under a high-tension line, you’re technically not just breaking the rules, you’re also gambling with your life.

    Unfortunately, a lot of people still do this. And why? Well, factors like low income, lack of education, and the high cost of rent push many to settle in these risky areas. It’s cheaper, sure, but it’s also a ticking time bomb.

    A Shocking Real-Life Example (Pun Intended)

    Let me paint you a real (and tragic) picture.

    It happened not too long ago, one rainy evening in November, around 6:15 PM. A red phase conductor (that’s one of the three wires on an 11kV power line) snapped and fell on the zinc roof of a makeshift kiosk. The kiosk, built from wood and metal, was unfortunately sitting right under the power line’s RoW.

    Now, you’d think wood would act as insulation—but nope! The electromagnetic field around the 11kV conductor was strong enough to energise everything, including the wooden supports. The roof became a death trap.

    A man, let’s call him Mr. Lagbaja, was inside. As he tried to step out, he touched the now-live structure and was electrocuted. He was rushed to a hospital but was declared dead on arrival.

    Now here’s where things get technical but important: the relay protection system on the line (basically the “emergency trip switch” for faults) didn’t work. Ideally, the system should’ve detected the fault and automatically cut off power to prevent hazards. That didn’t happen.

    So, what did the regulator (NERC) do? They ordered the DisCo to:

    1. Reconstruct the faulty feeder line with proper materials.
    2. Compensate Mr. Lagbaja’s family.
    3. Report back on how they resolved the matter.

    But wait—didn’t Mr. Lagbaja build his kiosk under the power line? Wasn’t he also breaking the law? So, is the DisCo really liable?

    Who’s at Fault? It’s Complicated.

    Under the 2015 Regulations, there’s a clause that reads:

    “Where such structures are built after the construction of the lines, the licensee (usually a DisCo or TCN) shall not be liable for any mishap caused by contact with the line.”

    So, if someone illegally sets up a home, shop, or shrine under a power line after it was already built, the DisCo isn’t automatically liable if something goes wrong.

    However, it’s not a get-out-of-jail-free card either.

    DisCos have a duty of care, especially when it comes to maintaining their equipment and ensuring safety mechanisms like relay protection are working as they should. In Mr. Lagbaja’s case, the system failed. So, even though he was in the wrong by building under the line, the DisCo might still share some blame.

    If this were to go to court, the DisCo could argue contributory negligence, basically saying, “Yes, we messed up, but so did he.” This would reduce how much they have to pay, but probably not wipe out liability altogether.

    Also … Was That Kiosk Getting Electricity?

    Here’s where it gets juicier.

    The Nigerian Electricity Management Services Agency (NEMSA) has warned that if a DisCo supplies electricity to illegal structures under power lines, they’re fully on the hook for any resulting accidents.

    So, if Mr. Lagbaja’s kiosk had a meter (legal or not), was connected to the grid, and the DisCo knew about it? That’s a slam-dunk liability case. They’d be guilty of knowingly fuelling an illegal (and unsafe) setup.

    So, What’s the Takeaway?

    Power lines are not decorations. They’re dangerous, high-voltage infrastructure that deserves respect and a wide berth.

    If you’re a property owner, trader, or just someone looking for cheap land, stay away from power line RoWs. It’s not worth your life.

    If you’re a DisCo, do your job! Maintain your equipment, respond to faults promptly, and stop supplying power to illegal structures. Or you’ll find yourself paying out compensation and maybe worse.

    And to everyone else, let’s stop normalising unsafe living conditions just because they’re affordable. We need better housing solutions, yes. But until then, stay safe and don’t build under high-tension lines. That’s not just bad judgment; it’s playing tag with a lightning bolt.

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