CORAM

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UWAIS JUSTICE, SUPREME COURT

KARIBI-WHYTE JUSTICE, SUPREME COURT

KAWU JUSTICE, SUPREME COURT

BELGORE JUSTICE, SUPREME COURT

WALI JUSTICE, SUPREME COURT

OLATAWURA JUSTICE, SUPREME COURT

OMO JUSTICE, SUPREME COURT

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PARTIES

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FRED EGBE

APPELLANTS 

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M.D.YUSUF

RESPONDENTS 

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AREA(S) OF LAW

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SUMMARY OF FACTS

The Appellant claimed against the respondent the sum of N5, 000,000 (Five million Naira) being general and special damages for the torts of false imprisonment, malicious detention, malicious arrest, injurious falsehood and conspiracy.

 

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HELD

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The Supreme Court held that the Public Officers Protection Law is a statute of Limitation

 

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ISSUES

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Whether or not the Public Officers Protection Law is a limitation enactment or matter to be raised only by way of a special defence or both

 

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RATIONES DECIDENDI

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PUBLIC OFFICERS PROTECTION LAW

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“The Public Officers Protection Law is clear as to its purport. Once a public officer is alleged to have done some wrong in the execution of his public duty as such public officer, he can be sued only within three months of the action complained of. This is only in matters strictly civil. The fact that a crime is alleged does not take the civil matter out of the ambit of civil litigation. There is no time limit for prosecuting an officer for crime even if that crime was committed in course of public duty. The respondent is not being prosecuted for crime and as such being a civil matter and was not commenced against him within three months of the act complained of, the action is statute barred.” Per BELGORE JSC.

 

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CASES CITED

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Fred Egbe v. Abubakar Alhaji & Ors. (1990) 1 NWLR (Pt. 128) 546; 3 SCNJ 41

 

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STATUTES REFERRED TO

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Armed Forces and Police (Special Powers) Decree 1967

Public Officers Protection Law Cap 114

 

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CLICK HERE TO READ FULL JUDGMENT

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