AFRICAN REINSURANCE CORPORATION VS D.P. CONSTRUCTION NIG. LTD
June 3, 2025SIMON EDIBO V THE STATE
June 3, 2025Legalpedia Citation: (2007) Legalpedia (SC) 89981
In the Supreme Court of Nigeria
Fri May 11, 2007
Suit Number: SC. 40/2004
CORAM
PARTIES
FORESTRY RESEARCH INSTITUTE OF NIGERIA APPELLANTS
MR. I.A. ENAIFOGHE GOLD
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The Respondent was unlawfully dismissed as Assistant Secretary I by the Respondent. He sought an order reinstating him with payment of entitlements and was granted the relief by the trial Court.
HELD
The Supreme Court held that the appeal was statute barred.
ISSUES
Whether the Respondent’s action was not statute-barred by the provisions of Section 2(a) of the Public Officers Protection Act Cap 379 Laws of the Federation of Nigeria, 1990 thereby ousting the jurisdiction of the court
RATIONES DECIDENDI
PERIOD OF LIMITATION-HOW DETERMINED
“How does one determine the period of limitation. The answer is simply by looking at the writ of summons and the statement of claim alleging when the wrong was committed which gave the plaintiff a cause of action and by comparing that date with the date on which the writ of summons was filed. This can be done without taking oral evidence from witnesses. If the time on the writ is beyond the period allowed by the limitation law then the action is statute barred.” – Per A.M. Mukhtar JSC
CASES CITED
Egbe v. Adeferasin (1987) 1 NWLR 9 (Pt.47) 1
STATUTES REFERRED TO
Public Officers Protection Act Cap 379) Laws of Nigeria 1990
