Principle Statement

I think it is without dispute that this is an action for breach of contract. It is now settled law that section 2 of the Public Officers (Protection) Act does not apply to cases of contract.

Ratio Decidendi (Source)

Per Katsina-Alu, JSC, in Osun State Govt v. Dalami Nigeria Limited (2007) NLC-123-277-2002(SC) at pp. 10–11; Paras D–A.

"I think it is without dispute that this is an action for breach of contract. It is now settled law that section 2 of the Public Officers (Protection) Act does not apply to cases of contract."

Explanation / Scope

This principle establishes that the Public Officers Protection Act does not apply to contract claims. Section 2 of the Act provides a limitation period for actions against public officers, but this only applies to tortious acts, not contractual obligations. Contract claims are governed by ordinary limitation laws. The principle ensures that government cannot shield itself from contractual liability by relying on the Act. The principle applies where a party sues a public officer or government for breach of contract. The court must determine whether the claim is truly contractual. This protects private parties contracting with the government.

Cases Applying This Principle