Section 77: Special provisions relating to generation, transmission and distribution companies.

(1) Where a generation licensee, transmission licensee or a distribution licensee, or a proposed licensee for generation, transmission or distribution services, requires any land in connection with its obligations under its licence or a proposed licence, such licensee may apply to the Commission, in such form as the Commission may prescribe, for a declaration that the land is required for purposes of generation, transmission or distribution of electricity.
(2) The Commission may call for such further information as the Commission may deem necessary in connection with an application submitted under subsection (1) of this section and in considering the application made under subsection (1) of this section, the Commission may invite and consider submissions from the Commissioner of Lands of the State where the concerned land is situated.
(3) After holding such enquiry as the Commission may consider necessary, the Commission may, subject to such exceptions as it may have included in the relevant licence and subject to such further conditions as it may specify, declare that the land identified by the licensee, with such modifications to its boundaries as the Commission may specify, is required for the purposes of generation, transmission or distribution of electricity.
(4) No such declaration shall be given without granting to the person having an interest in the land under consideration an adequate opportunity to make representations against such declaration.
(5) The Commission shall not act under subsection (3) of this section unless it is satisfied, upon representations made by the licensee or proposed licensee concerned, that the electricity generation, transmission or distribution concerned is not otherwise practicable.
(6) Following a declaration by the Commission under subsection (3) of this section, the President, shall issue a notice in the Gazette to the effect that the land is required by the Government of the Federation for the public purposes of the Federation.
(7) Notwithstanding the provisions of subsection (3) of this section, the exceptions and conditions mentioned therein shall include such exceptions and conditions as appear to the Commission to be necessary or expedient for the purpose of ensuring :
(a) that the physical environment is protected;
(b) that there is no greater damage to streets or interference with traffic than is reasonably necessary; and
(c) that funds are available for meeting any liabilities which may arise from the exercise of any rights or powers under subsection (1) of this section.
(8) Any person who is aggrieved by any decision of the Commission made under subsection(3)of this section may appeal against such decision in accordance with this Act.
(9) Cap. 202 LFN 1990
Where the President issues a notice under subsection (6), the Governor shall, in accordance with the provisions of section 28 (4) of the Land Use Act, revoke the existing right of occupancy respecting the land and grant a certificate of occupancy in favour of the concerned licensee in respect of the land identified by the Commission in such notice and the grant of such certificate, the right of occupancy over the land shall vest in such licensee to the exclusion of the previous holder of the right of occupancy respecting the land, who shall be entitled to claim compensation in accordance with the provisions of the Land Use Act.
(10) A generation licensee, transmission licensee and distribution licensee shall be entitled to access rights over lands, buildings and streets for discharging its obligations under its licence to the extent and in the manner prescribed in regulations issued by the Commission.
(11) If a licensee, who has been given a right of occupancy over land under subsection (8) of this section, ceases to require the land for the purposes of the licensed activity, then the licensee shall offer the land to the previous holder of the right of occupancy, for repurchase at an amount equivalent to the amount of compensation paid to the previous holder under subsection (9) and the provisions of the Land Use Act and if the previous holder declines the offer to repurchase, the licensee may offer the right of occupancy to any other person on such terms and conditions as the Commission may direct.