Effect of an Action Instituted in Breach of Section 2 (a) of the Public Officers Protection Act, 2004

CASE TITLE: OGENE v. FCSC & ORS (2022) LPELR-58691(CA)

JUDGMENT DATE: 7TH OCTOBER, 2022

PRACTICE AREA: LIMITATION LAW

LEAD JUDGMENT: MUHAMMED LAWAL SHUAIBU, J.C.A.

SUMMARY OF JUDGMENT:

INTRODUCTION:

This appeal borders on limitation of action.

FACTS:

This appeal is against the decision of the National Industrial Court of Nigeria, sitting at Abuja delivered by Hon. Justice E. N. Agbakoba on 29th March 2017 upholding the 1st defendant’s preliminary objection and accordingly dismissing Suit NO.NICN/ABJ/288/2015.

The appellant as claimant before the trial Court instituted an action against the respondents herein seeking inter alia for an order of declaration that his employment is statutorily flavoured and thus cannot be retired save upon attainment of 60 years or 35 years (whichever comes first) and also an order directing the respondents to place him in the same grade level with his contemporaries before his statutory retirement.

Upon being served with originating processes, the 1st respondent filed a notice of preliminary objection contending that the suit was statute-barred. After hearing arguments from both counsels and in a decision delivered on 29th March 2017, the learned trial Judge found that the claimant’s case was caught up by the public officer protection Act. The Court found merit in the respondent’s objection and accordingly dismissed the claimant’s case.

Dissatisfied with the decision of the trial Court, the appellant filed this appeal in the Court of Appeal.

ISSUES FOR DETERMINATION:

The Court determined the appeal based on a sole issue thus:

“Whether or not the suit is statute-barred having been brought in breach of Section 2 (a) of the Public Officers Protection Act, 2004?”

DECISION/HELD:

In conclusion, the Court of Appeal dismissed the appeal.

RATIOS:

• LIMITATION LAW – LIMITATION PERIOD: When does time begin to run for the purpose of limitation law
• PUBLIC OFFICER – PUBLIC OFFICERS PROTECTION ACT/LAW: Exception(s) to the application of the Public Officers Protection Act/Law
• PUBLIC OFFICER – PUBLIC OFFICERS PROTECTION ACT/LAW: Effect of failure to institute an action against a Public Officer within the limitation period
• APPEAL – FORMULATION OF ISSUE(S) FOR DETERMINATION: What a party who complains about the issue(s) formulated by a Court must show; effect of failure thereof