CORAM

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Cordelia Ifeoma Jombo Ofo Justice,Court Of Appeal

Biobele Abraham Georgewill Justice,Court Of Appeal

Ibrahim Wakili Jauro Justice,Court Of Appeal

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PARTIES

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NATIONAL OPEN UNIVERSITY OF NIGERIA

APPELLANTS 

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ANYE JOHN IOREMBER

RESPONDENTS 

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AREA(S) OF LAW

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CONSTITUTIONAL LAW, ADMINISTRATIVE LAW, EMPLOYMENT LAW, CIVIL PROCEDURE, LIMITATION LAW, CONTRACT LAW, STATUTORY INTERPRETATION

 

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SUMMARY OF FACTS

This case involves an interlocutory appeal against the ruling of the National Industrial Court of Nigeria, Makurdi Division. The Appellant, National Open University of Nigeria, a public institution, terminated the Respondent’s employment on August 6, 2013. The Respondent challenged this termination after five years by filing a complaint on December 20, 2018. The Appellant filed a Preliminary Objection citing Section 2 of the Public Officers Protection Act, arguing that the action was statute-barred as it was commenced beyond the three-month limitation period. The lower court dismissed the Preliminary Objection, holding that the Public Officers Protection Act no longer applies to employment contracts, and assumed jurisdiction. The Appellant appealed against this decision.

 

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HELD

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1. The appeal was dismissed for lacking merit.

2. The Court upheld the lower court’s ruling that Section 2 of the Public Officers Protection Act does not apply to contracts of service (employment).

3. The Court affirmed that the lower court has jurisdiction to entertain the case.

4. No order was made as to costs.

 

 

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ISSUES

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Whether the trial Court has jurisdiction to entertain the Claimant’s suit vis-à-vis the Public Officers’ (Protection) Act, Cap N. 41 Laws of the Federation, 2004 ?

 

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RATIONES DECIDENDI

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STATUTORY LIMITATION PERIOD – APPLICABILITY TO PUBLIC OFFICERS

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“By virtue of Section 2(a) of the Public Officers (Protection) Act, where any action or other proceeding is commenced against any person for any act done in pursuance or execution of any Act or Law or of any public duty or authority, or in respect of any alleged neglect or default in the execution of any such act, law, duty, or authority, – the action or proceeding shall not lie or be instituted unless it is commenced within three months next after the act, neglect or default complained of, or in case of a continuance of damage or injury, within three months next after the ceasing thereof.” – Per Ibrahim Wakili Jauro, J.C.A.

 

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PUBLIC OFFICERS PROTECTION ACT – EXCEPTIONS TO APPLICATION

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“There are however limitations to the provisions of Section 2(a) of the Public Officers (Protection) Act, that is, there are exceptions and instances where it does not apply and this includes allegations of crime and where a public officer acts outside the scope of his authority or without a semblance of legal justification, he cannot claim the protection of the provisions of the Public Officers Protection Act. Other exceptions are: transactions of recovery or premises, title to land, and breach of contract.” – Per Ibrahim Wakili Jauro, J.C.A.

 

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CONTRACT OF SERVICE – SCOPE AND INTERPRETATION

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“I have gone through the cases cited by learned Respondent’s counsel including the case of National Revenue Mobilization Allocation & Fiscal Commission & Ors V. Ajibola Johnson & 10 Ors (Supra) cited by the learned trial Judge and it is clear that they all revolve round simple contracts and contracts of service and includes contracts of employment with statutory flavour as in the instant case.” – Per Ibrahim Wakili Jauro, J.C.A.

 

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EMPLOYMENT CONTRACTS – EXCLUSION FROM PUBLIC OFFICERS PROTECTION ACT

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“I therefore find in the circumstances that the learned trial Judge of the Court below was right in relying on the authority of National Revenue Mobilization Allocation & Fiscal Commission & Ors V. Ajibola Johnson & 10 Ors (2018) 7 S.C. (Pt. 7) 113 to hold that the Public Officers (Protection) Act does not apply to contracts of service (employment).” – Per Ibrahim Wakili Jauro, J.C.A.

 

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PRECEDENT ON CONTRACTS OF SERVICE – EFFECT OF RECENT SUPREME COURT DECISION

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“Indeed, I am in agreement with the position of learned counsel for the Respondent that all the decisions cited by learned counsel for the Appellant are archaic, having been overruled by this latest decision of the Apex Court, having been delivered earlier in time and as such, cannot be applied in the instant case.” – Per Ibrahim Wakili Jauro, J.C.A.

 

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EMPLOYMENT WITH STATUTORY FLAVOR – INAPPLICABILITY OF PUBLIC OFFICERS PROTECTION ACT

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:”On the whole, it is my finding that this is an employment with statutory flavour with distinct terms and conditions, consequently Section 2 of the Public Officers (Protection) Act is not Applicable as rightly found by the trial Judge.” – Per Ibrahim Wakili Jauro, J.C.A.

 

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INDUSTRIAL COURT – JURISDICTION OVER EMPLOYMENT MATTERS

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“Thus, nothing hinders the Lower Court from entertaining the Claimant’s suit as it is the Court with the sole Jurisdiction to entertain employment matters, having found that limitation is not applicable to contracts of employment also known as contract of service.” – Per Ibrahim Wakili Jauro, J.C.A.

 

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CASES CITED

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STATUTES REFERRED TO

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1.  Public Officers Protection Act, Cap N.41 Laws of the Federation of Nigeria 2004

2. National Open University Act Cap.N-65 Laws of the Federation of Nigeria, 2004

3. Constitution of the Federal Republic of Nigeria 1999 (as amended)

 

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