CORAM

RIDWAN MAIWADA ABDULLAHI JUSTICE OF THE COURT OF APPEAL

JOHN INYANG OKORO JUSTICE OF THE SUPREME COURT OF NIGERIA

U. MOHAMMED

PARTIES

SAMUEL A. ADIGUN APPELLANTS

I. O. AYINDEPERMANENT SECRETARY, FED. MIN. OF AGRICULTUREFEDERAL CIVIL SERVICE COMMISSION RESPONDENTS

AREA(S) OF LAW

SUMMARY OF FACTS

The appellant instituted action in negligence against the respondents who are public officers 3 years after the occurrence of the accident.

HELD

The court held that the action was statute barred.

ISSUES

1. Whether the procedure adopted by the High Court and upheld by the Court of Appeal, in dealing with the preliminary objections was right, 2. Whether the interpretation and application of the law by the High Court upheld by the Court of Appeal, is right with respect to – (a) Public Officers Protection Law Section 2(a) Cap. 111, Laws of Niger State. (See Ruling of H/ct: reproduced) and (b) The Common Law Doctrine of State Immunity

RATIONES DECIDENDI

CASES CITED

Obiefuna v. Okoye (1964) 1 ANLR 96; (1964) NSCC. 52;|Egbe v. Adefarasin (1985) 1 NWLR (Pt. 3) 549;|Ogunsan v. Iti’uuga’u (1968) 2 All NLR 124;|John Ekeogu v. Elisabeth Aliri (1991) 3 NWLR (Pt. 179) 258

STATUTES REFERRED TO

The Public Officers Protection Act|

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