LEGAL PRINCIPLE: LIMITATION LAW — Limitation Periods — When a Limitation Law Becomes Operative
PRINCIPLE STATEMENT
A statute of limitation removes the right of action, the right of enforcement, the right to judicial relief and leaves the plaintiff with a bare and empty cause of action which he cannot enforce if such a cause of action is statute barred. Where a Limitation Edict expressly provides that it shall come into operation on a date to be appointed by the Attorney-General by order published in the Gazette, it has not come into force until such an order is made and published.
RATIO DECIDENDI (SOURCE)
Per Iguh, JSC, in Yare v. Nunku & Ors (1995) NLC-1861992(SC) at pp. 17–18; Paras. A–C.
"A Statute of Limitation removes the right of action, the right of enforcement, the right to judicial relief and leaves the plaintiff with a bare and empty cause of action which he cannot enforce if such a cause of action is statute barred… [The Plateau State Limitation Edict] has not come into force. It shall only come into force or operation on such date as the said Attorney-General may appoint by order published in the Gazette."
EXPLANATION / SCOPE
A limitation law only becomes operative when it comes into force. If commencement is deferred pending ministerial order, the law remains in abeyance until the order is made and published. The principle applies to all statutes with deferred commencement. The court cannot apply a law that is not yet in force. The rule protects parties from being barred by a law not yet operative. The Attorney-General’s order is a condition precedent to operation.