HAND OF GOD ESTATE LIMITED VS MR. BASHAR DANKARO
March 27, 2025DEKAN NIGERIA LIMITED VS ZENITH BANK PLC
March 27, 2025Legalpedia Citation: (2022-03) Legalpedia 27359 (CA)
In the Court of Appeal
CALABAR
Fri Mar 18, 2022
Suit Number: CA/C/421/2017
CORAM
MUHAMMED LAWAL SHUAIBU JUSTICE, COURT OF APPEAL
BALKISU BELLO ALIYU JUSTICE, COURT OF APPEAL
SAMUEL ADEMOLA BOLA JUSTICE, COURT OF APPEAL
PARTIES
CHIEF OBONG GORDON ETUKEREN
APPELLANTS
1. CHIEF OKON SUNDAY PETER UKO
2. CHIEF LAWRENCE IQUOT
3. CHIEF USEN IBRITAM
4. ELDER HENSHAW PETER UKO (FOR THEMSELVES AND AS REPRESNTATIVES OF IKPUK UDOBONG ROYAL FAMILY, IKOT OBONG IKPA IBEKWE CLAN, IKOT ABASI L.G.A.)
AND
5. IKOT ABASI TRADITIONAL COUNCIL
6.THE HON. COMMISSIONER, MINISTRY OFLOCAL GOVERNMENT & CHIEFTAINCY AFFAIRS, AKWA IBOM STATE
7. THE ATTORNEY GENERAL & COMMISSIONER FOR JUSTICE, AKWA IBOM STATE
8. THE GOVERNOR OF AKWA IBOM STATE
RESPONDENTS
AREA(S) OF LAW
ACTION, APPEAL, CHIEFTAINCY MATTER, CONSTITUTIONAL LAW, COURT, LIMITATION LAW, PRACTICE AND PROCEDURE
SUMMARY OF FACTS
The 1st to 4th Respondents were the Claimants and they commenced the suit against the Appellant and the 5th to 8th Respondents, being the 1st to 8th Defendants at the High Court of Akwa Ibom State, holden at Ikot Abasi Judicial Division. The 1st to 4th Respondents by their suit, filed vide writ of summons prayed the trial Court for declaratory and injunctive orders against the Appellant and the 5th to 8th Respondents.
The Defendants joined issues with the Claimants at the close of pleadings, and trial commenced. During the course of the trial, the Appellants filed a motion on notice praying the court for an order striking out and/or dismissing the suit for lack of jurisdiction on grounds that the suit is statute barred as it was commenced after the time provided by Section 1(1) and (2) of the Public Officers Protection Law (CAP. 104) Laws of Akwa Ibom State 2000, and that the suit is an abuse of court process, having not served the pre-action notice on the Executive Governor of Akwa Ibom State as commanded by the mandatory provisions of Section 32(1) and (2) of the Traditional Rulers Law (Cap. 134) Laws of Akwa Ibom State, 2000 before the commencement of the Suit.
In its ruling, the trial court dismissed the application and assumed jurisdiction to continue with the hearing and determination of the suit. Aggrieved with the ruling of the trial court, the Appellant filed a notice of appeal, praying the court to allow the appeal and set aside the ruling of the trial Court.
HELD
Appeal Allowed
ISSUES
Whether having regards to the facts of the case, the Claimants/Respondents’ (1st set of Respondents) action was not statute barred under Section 1(1) and (2) of the Public Officers Protection Law, (Cap. 104), Laws of Akwa Ibom State, 2000.
Whether in the circumstances of the 1st to 4th Respondents case, the trial Judge had the jurisdiction and was right to have admitted exhibit ‘8’ and or the admissibility of the said exhibit ‘8’ has robbed the Court below of its jurisdiction to hear and determine the 1st to 4th Respondents’ action before it
RATIONES DECIDENDI
WHETHER AN APPEAL SHALL LIE AS OF RIGHT ON GROUNDS OF APPEAL INVOLVING QUESTION OF LAW ALONE, IRRESPECTIVE OF IT BEEN A FINAL OR INTERLOCUTORY JUDGMENT
“By the provisions of Section 241(1)(b) of the Constitution of the Federal Republic of Nigeria, 1999 as amended, an appeal shall lie from the decisions of the Federal High Court or a High Court to this Court “as of right”:
(b)- where the ground of appeal involves questions of law alone, decisions in any civil or criminal proceedings.
It is to be noted that the provisions of the subsection (1) (b) of the section 241 did not state or distinguish whether or not the decision appealed against on ground involving question of law alone is a final or interlocutory. It means once the ground of appeal involves only question of law, regardless of whether the decision is interlocutory decision or not, then appeal will lie as of right. The grounds of this appeal being questions of law alone, the Appellant needed no leave of court to file this appeal.
All he is required to do is to file the appeal within the 14 days provided by Section 24(2)(a) of the Court of Appeal Act. PER B. B. ALIYU, J.C.A
PERIOD OF LIMITATION FOR ACTIONS AGAINST PUBLIC OFFICERS
“At a starting point, it is necessary for me to reproduce, for guidance, the provisions of Section 1(1) of the Public Officers Protection Law of Akwa Ibom State, which is in contention under this issue and indeed in this whole appeal. It provides:
Where any action, prosecution or other proceeding is commenced against any person for any act done in pursuance or execution or intended execution of any Law, or of any public duty or authority, or in respect of any alleged neglect or default in the execution of any law, duty or authority, the action or proceeding shall not lie or be instituted unless it is commenced within three (3) months next after the act, neglect or default complained of, or in a case of continuance of damage or injury, within three months next after the ceasing of such action. These provisions are termed limitation law, and similar provisions have been severally interpreted in uncountable decisions of this Court and the Apex Court to provide protection to public officers against any action that was not instituted within three months of the accrual of the cause of action. In the case of Oteri Holdings Ltd Vs. Oluwa & Ors. (2020) LPELR- 52395 (SC), AMINA AUGIES, JSC held:
The overriding purpose of limitation laws is expressed in the Latin phrase-interest rei publicae ut sit finis litium, that litigation shall be automatically stifled after a fixed period of time, irrespective of the merits of a particular case…. See Eboigbe V. NNPC (1994) 5 NWLR (PT. 347) 649, where Kalgo JSC stated “where an action is statute barred, a plaintiff, who might have had a cause of action, loses the right to enforce the cause of action by judicial process because the period of limitation laid down by the limitation law for instituting such action has elapsed”….
See also the case of Oko Vs. A. G. Ebonyi State (2021) LPELR-54988 (SC), per SAULAWA, JSC at page 26-27, para. F-A holding that the effect of limitation law on an action is that it takes away the plaintiff’s right to institute the action, but leaving him with his cause of action intact, albeit devoid of the right to some judicial relief. PER B. B. ALIYU, J.C.A
CASES CITED
None
STATUTES REFERRED TO
Constitution of the Federal Republic of Nigeria, 1999 as amended
Public officers Protection Law of Akwa Ibom State, 2000
Traditional Rulers Law of Akwa Ibom State
