BUSARI DEPOJU AKANDE V SIDIKATU AWERO & ANOR
August 6, 2025ALHAJI LABARAN NAKYANTU VS ALHAJI IBRAHIM MAIKIMA & ANOR
August 6, 2025Legalpedia Citation: (1977-06) Legalpedia (SC) 21918
In the Supreme Court of Nigeria
Fri Jun 17, 1977
Suit Number: SC. 458/1975
CORAM
UDOMA, JUSTICE, SUPREME COURT
SOWEMIMO, JUSTICE, SUPREME COURT
IRIKEFE, JUSTICE, SUPREME COURT
PARTIES
RUFUS ALLI MOMOH
APPELLANTS
MR. AFOLABI OKEWALE
LAGOS CITY COUNCIL
RESPONDENTS
AREA(S) OF LAW
TORTS-NEGLIGENCE-STATUTE BAR-PUBLIC OFFICERS PROTECTION ACT
SUMMARY OF FACTS
The appellant was knocked down by the respondent on his way back home from work due to the 1st respondent negligent driving and caused injuries on the appellant. The appellant sued for damages but the appellant claimed protection under the public officers protection act that the action was statute barred.
HELD
The court held that the learned trial Judge was wrong in law in holding that the first defendant was a Public Officer and therefore protected by the provisions of Section 2 of the Public Officers Protection Act, Cap 168, Laws of Nigeria,1958.
ISSUES
Whether the learned trial judge was wrong in holding that the first defendant-Lagos City Council driver- was a Public Officer at the material time when the accident occurred and therefore protected by the provisions of Section 2 of the Public Officers Protection Act Cap 168, Laws of Nigeria, 1958, and that since the suit was not commenced within 3 months if the accident it was statute barred.
RATIONES DECIDENDI
LEGAL DESCRIPTION OF PUBLIC OFFICER
In terms of the provisions of the Constitution of the Federation, to be qualified to be described as a Public Officer, a person must have been appointed thereto , with certain exceptions by the Public Service Commission of the Federation. Similarly, in the case of a state which now includes Lagos, to be entitled to be described as a Public Officer, a person must have been appointed to the office which he holds and in which he is serving by the Public Service Commission of the state concerned. PER UDO UDOMA JSC
CASES CITED
1. T. TILLING LTD V. DICK KERR &CO LTD (1905) 1 KB 562
2. ATTORNEY-GENERAL V.COMPANY OF PROPRIETORS OF MAGARET PIER & HARBOUR (1900)1 CH 749
3. PARKER V. LONDON CITY COUNCIL (1904) 2 KB 501
4. A.IHEGBU V. LAGOS CITY COUNCIL CARETAKER COMMITTEE & ANOR. (1974) 1 ALL NLR (PT 1)
STATUTES REFERRED TO
1. PUBLIC OFFICERS PROTECTION ACT CAP 16 VOL. V OF THE LAWS OF THE FEDERATION OF NIGERIA 1958
2. LAGOS LOCAL GOVERNMENT ACT CAP 93
3. LAGOS INTERPRETATION ACT 1964
4. CONSTITUTION OF THE FEDERATION
5. ENGLISH PUBLIC AUTHORITIES PROTECTION ACT 1893
