LEGAL PRINCIPLE: CIVIL PROCEDURE – Limitation of Actions – Special Limitation Period under NNPC Act
PRINCIPLE STATEMENT
The provisions suspending the running of the limitation period prescribed in the Limitation Law do not apply as the provisions of section 11(1) of the Nigerian National Petroleum Corporation Act, 1979, are applicable notwithstanding anything in any other enactment.
RATIO DECIDENDI (SOURCE)
"Whatever may be the merit, if any, of the submission, the provisions of the Limitation Law suspending the running of the limitation period prescribed in the Law do not apply as the provisions of section 11 (1) of the Nigerian National Petroleum Corporation Act, 1979, are applicable notwithstanding anything in any other enactment."
EXPLANATION / SCOPE
The NNPC Act section 11(1) creates a special limitation regime that overrides general limitation law provisions. The non-obstante clause (“notwithstanding anything in any other enactment”) means: general Limitation Law suspension provisions don’t apply; disability exceptions don’t extend NNPC limitation periods; and the 12-month period is absolute. This special regime serves: protecting NNPC from stale claims; creating certainty in NNPC’s liability exposure; and recognizing NNPC’s special public importance. Courts must apply the special limitation strictly without reference to general limitation law exceptions. This creates a harsher regime for NNPC claimants than general tort claimants who benefit from suspension provisions. The principle illustrates how special statutory limitation periods can exclude general limitation law protections through express override provisions. Claimants against NNPC must strictly comply with the 12-month period without recourse to general law extensions.