CORAM

WALTER SAMUEL NKANU ONNOGHEN,(Lead Judgment) JUSTICE, SUPREME COURT

ALI, JUSTICE, SUPREME COURT

ANDREWS O. OBASEKI , A.G. JUSTICE, SUPREME COURT

PARTIES

1. CHIEF YAKUBU SANI2. MOHAMMED BELLO APPELLANTS

RESPONDENTS

AREA(S) OF LAW

SUMMARY OF FACTS

The Appellant sued the Respondent on 11th June 1998 for removing him as a member of the Respondent On 19th January, 1998. The Respondent by way of a preliminary objection argued that the action is statute barred which was upheld. An unsuccessful appeal to the Court of Appeal led to this present appeal.

HELD

Appeal was dismissed. The Supreme Court held that the lower courts was right in not reversing the decision of the trial court as the appellant’s action is statute barred.

ISSUES

1.   Whether the lower court was right in not reversing the decision of the trial court on the ground that the preliminary objection was premature for consideration at the interlocutory stage of the proceedings 2.   Whether the lower court was right in not reversing the decision of the trial court that the defendants are protected by Section 2(a) of the Public Officers (Protection) Law, as applicable in Kogi State

RATIONES DECIDENDI

CASES CITED

1. Mohammed v. Olawunmi (1993) 4 NWLR (Pt. 288) 384;2. Oloriode v. Oyebi (1984) 1 SCNLR 390.3. Carlen (Nig) Limited v. University of Jos (1994) 1 NWLR (Pt. 323) 631.4. Madukolu v. Nkemdilim (1962) 2 SCNLR 3415. Nnonye v. Anyichie (2000) 1 NWLR (Pt. 639) 66.

STATUTES REFERRED TO

Public Officers Protection Law, Cap 111 Laws of Northern Nigeria 1963

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